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If there is any misuse of power/misappropriation of funds/non-extension of requisite care and protection or support regarding the treatment of the person lying in comatose state, it is open to bring up the matter before this Court to revoke the power.
The Court stated that the Senior Superintendent of Police, Ferozepur should take appropriate steps regarding the threat perception to the minor and her friend and to ensure that the minor, her friend and his family members were protected from the physical harm by minor’s family member.
“Even if the mother is less capable financially, she becomes no less competent to ensure the welfare of the child, and the father will still be under an obligation to ensure the financial well-being of the child.”
Allahabad High Court said that any relative or friend of the person lying in comatose state points out that guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach this Court for issuance of proper direction and for removal of the guardian.
“Medical termination of pregnancy involves mental and physical repercussions which may last for a lifetime and therefore, the procedure to be followed cannot be a routine or business-like exercise. The most vital strength in such cases can often come from doctors who examine such victim and explain to them the pros and cons.”
The Delhi High Court directed the Government to issue a circular to the effect that in case of any minor’s guardian or family approaching any Registered Medical Practitioner (RMP) for termination of pregnancy of the minor, the identity of the minor, guardian, or the family, should not be disclosed in the RMP’s report to the police, if a request to that effect was made by the guardian or the family to the RMP.
by Shrinivas Deshmukh†
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