A writ petition under Article 226 of the Constitution is filed before Bombay High Court by the petitioner (Father of Minor Girl) to protect the legal rights and health interest of her daughter, who as on date is stated to be 17 years and 4 months old. As set out in the petition, sometime back it came to the petitioner’s knowledge, that her daughter is about seven months pregnant. Her daughter has refused to disclose the details in that regard, stating that her relationship with the concerned person, who is also a minor, was consensual.
The petitioner’s daughter as also the petitioner do not intend to take any legal action taken against such person, with whom she was in relationship.
The grievance of the petitioner is that in the peculiar facts and circumstances of the case, whenever the petitioner approached a clinic or a hospital for medical treatment for her daughter, she was called upon to show a police complaint made by her.
It is the petitioner’s case that as the petitioner’s daughter never intended to register any police complaint and for want of which she is being deprived of medical treatment.
I do not see why the health care has to be connected with the fact if the pacient filled a police complaint or not. These are two different issues. If anything, the hospital should be attentive to the victim, provide healthcare and inform the police itself if the hospital has suspition that a crime was committed on her. But I am not aware of the facts of the case nor of the particualrities of the legal system in India.
In India constituional obligation under Article 21, make it mandatory to provide healthcare first, medicolegal formalities may wait.
Lukáš Mareček
CAN HOSPITAL INSIST ON POLICE COMPLAINT AS A PRE-CONDITION TO PROVIDE MEDICAL TREATMENT TO MINOR PREGNANT IN INDIA?
In India, hospitals cannot insist on a police complaint as a pre-condition to provide medical treatment to a minor who is pregnant. This practice would be unethical and illegal for several reasons:
1. Right to Emergency Medical Care
Under Indian law, everyone has the right to emergency medical care. The Supreme Court of India has ruled that it is the duty of medical professionals and hospitals to provide immediate medical attention to individuals in need, regardless of the circumstances. Denying treatment until a police complaint is filed would violate this principle.
2. Medical Ethics and Professional Duty
Medical ethics dictate that healthcare providers must prioritize the well-being of the patient. According to the Medical Council of India (MCI) and its Code of Medical Ethics, doctors must provide treatment to any patient who requires immediate medical attention without any delay. Insisting on a police complaint as a precondition could delay critical medical intervention, putting the patient's health and life at risk.
3. Protection of Minors and Privacy
The rights and privacy of minors are protected under various laws, including the Protection of Children from Sexual Offences (POCSO) Act, 2012. While healthcare providers are mandated to report cases of sexual offenses against children to the authorities, this should not impede the provision of immediate medical care. The confidentiality and welfare of the minor should be a priority.
4. Supreme Court Guidelines
The Supreme Court of India, in various judgments, has emphasized the obligation of hospitals and doctors to provide timely and necessary medical treatment without preconditions. For example, in the case of Paschim Banga Khet Mazdoor Samity vs. State of West Bengal, the court held that failure to provide timely medical treatment to a person in need constitutes a violation of the right to life under Article 21 of the Constitution.
5. Reporting Obligations Under POCSO Act
The POCSO Act requires mandatory reporting of offenses involving sexual abuse of minors. Healthcare providers must report such cases to the police. However, this legal obligation should not delay or prevent the provision of necessary medical care. The reporting process should be handled concurrently or immediately after the provision of urgent medical treatment.
Conclusion
Hospitals and healthcare providers must prioritize the immediate medical needs of minor patients, including those who are pregnant, without insisting on the filing of a police complaint as a precondition. While they do have a legal obligation to report cases of sexual abuse, this should not come at the cost of delaying critical medical care. The focus should be on safeguarding the health and rights of the minor while fulfilling legal reporting requirements in a manner that does not impede treatment.
DR.B.K. YADAV
Associate Professor
Gitarattan International Business School
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