Introduction:

In a landmark ruling, the Bombay High Court has underscored the constitutional right to healthcare by directing the state government to provide medical care to a 17-year-old pregnant girl, despite her refusal to file a police complaint against her partner. The Court’s decision emphasizes the importance of upholding fundamental rights, including access to medical treatment, irrespective of legal proceedings.

Arguments:

The Court heard arguments from the petitioner, who sought medical treatment for her daughter without the requirement of filing a police complaint, and the government, which insisted on a formal statement in the form of an ‘Emergency Police Report’ (EPR) from the petitioner. The petitioner’s contention was that denial of medical aid based on the absence of a complaint violated the constitutional right to healthcare.

Court’s Judgment:

The Bombay High Court, comprising Justice GS Kulkarni and Justice Firdosh P Pooniwalla, held that the denial of medical aid due to the lack of a police complaint contradicted the fundamental right to life guaranteed under Article 21 of the Constitution. Emphasizing that medical aid is a direct concomitant of the right to life, the Court directed hospitals to provide medical care to the petitioner’s daughter without mandating a police complaint. Additionally, the Court tasked St. Catherine’s Home with providing care to the petitioner’s daughter until the child’s birth, ensuring confidentiality throughout the process.