Bombay High Court directed Medical Assistance for pregnant minor girl who refuses to file rape FIR. The bench ruled that the shelter home identified by the petitioner must allow the girl to be admitted to receive care and assistance.
Bombay: On Wednesday, the Bombay High Court ordered the Maharashtra government to give medical aid to a pregnant 17-year-old girl who turned away from hospitals for not filing a formal complaint against the boy who made her conceive.
Additionally, the boy reportedly a juvenile who attends college.
Read Also:Bombay HC Drops Rape Case Against Married Man
Justices GS Kulkarni and FP Pooniwalla presided over a petition brought forth by a mother concerning her minor daughter, who turned 17. The petition, represented by advocate Nigel Quraishy, argued that hospitals denied the girl medical care because she chose not to file a police complaint against a college student with whom she had a consensual relationship.
The plea contended that this denial of treatment violated the girl’s fundamental rights as guaranteed by the Constitution of India.
During the proceedings, Government Pleader Purnima Kantharia informed the bench that the girl residing in Mumbai’s western suburb could receive medical treatment at the state operated JJ Hospital. Kantharia specified that to do so, the girl would need to submit an emergency police report affirming her decision not to pursue a criminal complaint against the boy in question.
Read Also:Bombay High Court Asks Maharashtra Govt To Prioritize New Building Construction
Quraishy told the court that the girl denying to terminate the pregnancy and planned to place the baby for adoption after birth. The petition stated that a shelter in suburban Andheri agreed to provide care for her both before and after delivery.
The bench remarked,
“Submitting a statement to the police poses no harm,”
The bench also instructed the girl to provide her statement as an emergency police report through her advocate by Friday.
The bench’s order stated,
“The girl is permitted to seek medical treatment at JJ Hospital. The hospital dean must ensure strict confidentiality regarding the case and treatment provided.”
The bench ordered that the shelter home mentioned in the petition must admit the girl to provide necessary care and assistance.
The bench stated as it resolved the petition,
“The provision of all these services will not require a mandatory police complaint. This order is just and equitable,” .