XYZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution is filed by the petitioner 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. Such averments are made in paragraph 12 of the petition.

(2.) 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. In these circumstances, the petitioner contends that Article 21 of the Constitution guarantees a fundamental right to the petitioner 's daughter, to be provided medical treatment, which in no case can be denied to her. In these circumstances, the petitioner has prayed for the following substantive reliefs:-

(3.) We have heard Mr. Quraishy, learned counsel for the petitioner and Ms. Kantharia, learned GP for the State.