The Bombay High Court on Wednesday permitted a 17-year-old pregnant girl, refused medical assistance by some hospitals, to seek treatment at the state-run JJ Hospital in Mumbai.

The girl, in her petition filed through her mother in the high court, said hospitals refused her treatment as she did not want to lodge a police complaint against a boy with whom she was in a relationship.

The relationship between the girl and boy, who is also aged 17, was consensual, the petition said.

The plea said refusal of medical treatment was violative of the girl`s fundamental rights enshrined in the Constitution of India.

Government pleader Purnima Kantharia submitted to a division bench of Justices G S Kulkarni and Firdosh Pooniwalla that the girl could seek treatment at the JJ Hospital.

The girl would, however, have to submit a emergency police report stating that she does not wish to pursue a criminal complaint against the boy, Kantharia said.

The petitioner`s advocate informed the court that the girl did not want to abort the child and once the baby is born, he or she would be put up for adoption.

The plea said a shelter home in suburban Andheri has agreed to admit her before and after her delivery for assistance and care.

The bench in its order said the girl shall submit her statement in the form of an emergency police report through her advocate by Friday.

“There is no harm in submitting a statement to the police,” the HC said.

“The girl shall be entitled to seek medical treatment at the JJ Hospital. The dean of the hospital shall take all care to maintain confidentiality of the case and the treatment provided,” the court said.

The shelter home identified by the petitioner shall permit the girl to be admitted for care and assistance, it said.

“All these shall be provided without any insistance of a police complaint. This is a fair order,” the bench said and disposed of the petition. 

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