Bombay High Court Allows Woman To Terminate Pregnancy At 25 Weeks, Takes Note Of Partner Offering Support
The Bombay High Court has allowed a 31-year-old woman to terminate her 25-week pregnancy after noting the history of illness suffered by her. The High Court noted that her partner had offered her financial and emotional support.
The petitioner, an adult, in her 25th week of pregnancy, had approached the High Court seeking permission for medical termination of the pregnancy.
Referring to the judgment of the Apex Court in A (Mother of X) v. State of Maharashtra & Anr., the Division Bench of Justice Revati Mohite Dere & Justice Neela Gokhale said, “Applying the principles of the aforesaid decision of the Supreme Court and conscious of the right of the Petitioner to reproductive freedom, her autonomy over the body and her right to choice, and having considered the findings and opinion of the Medical Board pertaining to the psychological condition of the Petitioner as well as the averments in the Petition, and our interaction with her, we are satisfied that continuance of the pregnancy shall adversely affect the already disturbed psychological condition of the Petitioner. Hence, in the peculiar facts of this case, we permit the Petitioner to medically terminate the pregnancy.”
Advocate Nikita Raje represented the Petitioner, while AGP M. P. Thakur represented the Respondent-State.
Factual Background
According to the Petitioner, she was in a consensual relationship with her partner. Her pregnancy has occurred as a result of the failure of the contraceptive device. She was no longer in the said relationship.
The Court had sought a report from the Medical Board. From the report, it came to light that while the patient was fit for termination of pregnancy, there were no medical grounds for the same in the patient at this gestational age of the fetus. It was further found that the Petitioner had a history of stress, alcohol consumption and smoking. She had also experimented with cannabis and had undergone surgeries for past illnesses. The Board had opined that she was currently fit to undergo the procedure of MTP.
Reasoning
The Bench, at the outset, said, “It is clear from the report that the Petitioner has a history of illness. She has specifically pleaded in the Petition that the pregnancy occurred on account of failure of contraceptive device used by her. In these circumstances, continuance of the pregnancy is causing her tremendous amount of anguish constituting grave injury to her mental health.”
It was further noted that the Petitioner’s parents are not aware of her pregnancy. It was the petitioner’s case that if her parents learn about her pregnancy, they would not accept the same, leaving her in a complete lurch to fend for herself. “The Petitioner has thus clearly made a conscious decision to terminate the pregnancy. We have ascertained that she has made the choice of her own free will and she is not desirous of continuing the pregnancy”, it said.
The Bench further noted that the petitioner’s partner had offered to deposit an amount of Rs 1,00,000 in the account of the Petitioner for medical and legal expenses to be incurred by her. He appeared to be a mature person and accepted responsibility. Thus, the Bench allowed her to medically terminate her pregnancy.
Cause Title: ABC v. The State of Maharashtra & Ors. (Case No.: 2025:BHC-AS:24332-DB)
Appearance
Petitioner: Advocate Nikita Raje
Respondent-State: AGP M. P. Thakur
