MUMBAI: Observing that under the fundamental right to life, a pregnant teen could never have been deprived of medical treatment in any hospital for want of FIR, Bombay high court on Wednesday directed the State to give medical assistance to a seven-month pregnant minor, who was refused aid by private clinics. The girl’s mother in a petition before the HC said every clinic she approached denied her treatment sans a FIR copy.She had not filed any criminal case as she said she had a consensual relationship with another minor student.
State government pleader Purnima Kantharia said the girl, 1 years and four months old, would be provided treatment at JJ hospital on her filing an Emergency Police Report (not an FIR) that will maintain her confidentiality. The HC division bench of Justices G S Kulkarni and F P Pooniwalla said Kantharia was fair in her approach and said such EPR can be kept in a sealed cover with the GP for any future necessity.
Advocate Nigel Quraishy for the girl’s mother who filed the petition, had submitted the petition citing her legal rights and health interest. He said though neither the girl nor her family intended to file an FIR, they were being denied medical attention. He said an NGO identified a shelter home– “St. Catherine’s Home, Veera Desai Road, Andheri, Mumbai”, which is ready to accommodate the pregnant girl.
The HC said the State should render all cooperation and assistance to the petitioner for admission of her daughter to the shelter home, if the need arises. The girl intends to give the child up for adoption, her mother said.
The HC opined that in the case before it hospitals or clinics cannot insist on a police report.
Grant of medical aid to any person is a direct concomitant of Article 21 of the Constitution, which guarantees right to life and livelihood which includes the protection of one’s health by making available appropriate medical aid, the HC said adding “In a civilized society no person can be deprived of medical aid, much less in the present circumstances.’’
State government pleader Purnima Kantharia said the girl, 1 years and four months old, would be provided treatment at JJ hospital on her filing an Emergency Police Report (not an FIR) that will maintain her confidentiality. The HC division bench of Justices G S Kulkarni and F P Pooniwalla said Kantharia was fair in her approach and said such EPR can be kept in a sealed cover with the GP for any future necessity.
Advocate Nigel Quraishy for the girl’s mother who filed the petition, had submitted the petition citing her legal rights and health interest. He said though neither the girl nor her family intended to file an FIR, they were being denied medical attention. He said an NGO identified a shelter home– “St. Catherine’s Home, Veera Desai Road, Andheri, Mumbai”, which is ready to accommodate the pregnant girl.
The HC said the State should render all cooperation and assistance to the petitioner for admission of her daughter to the shelter home, if the need arises. The girl intends to give the child up for adoption, her mother said.
The HC opined that in the case before it hospitals or clinics cannot insist on a police report.
Grant of medical aid to any person is a direct concomitant of Article 21 of the Constitution, which guarantees right to life and livelihood which includes the protection of one’s health by making available appropriate medical aid, the HC said adding “In a civilized society no person can be deprived of medical aid, much less in the present circumstances.’’
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