HC refuses abortion of “unwanted” pregnancy of married woman

Bombay HC reluctant to allow MTP for Thane woman due to advanced pregnancy. Medical board report denies request, suggests counselling. Further hearings scheduled.

MUMBAI: The Bombay high court on Tuesday expressed its disinclination to allow a petition seeking permission for a Medical Termination of Pregnancy (MTP) of a Thane woman after reviewing a report from the medical board.

HT Image

A bench of Justice Ajay Gadkari and Justice Neela Gokhale heard the petition of a married woman, who sought to terminate her 26-week pregnancy. The petitioner, who is currently undergoing divorce proceedings in the family court of Thane, has a four-year-old child and discovered she was pregnant due to a relationship with a close friend. She described the pregnancy as “unwanted”.

The petitioner acknowledged approaching the court late, at about 26 weeks into her pregnancy, which is beyond the 24-week limit set by the Medical Termination of Pregnancy (Amendment) Act, 2021 (MTP Act). She, however, asserted that her situation fell within the exemptions and sought medical termination because the pregnancy was unwanted.

Given these circumstances, the court directed the authorities at Civil Hospital, Thane, to constitute a medical board to examine the petitioner, as prescribed by Section 3(2D) of the MTP Act. The petitioner was instructed to present herself before the board on June 28, 2024, and the board requested to submit its report by July 2, 2024.

On Tuesday, the board submitted its report in sealed cover. Upon reviewing it, the bench stated, “The medical board has refused the request.” The report was handed over to the petitioner’s counsel, with the bench emphasising, “We will not put your case beyond the medical report.”

Justice Gadkari noted, “This report specifically denies MTP, stating she is not fit for the procedure,” while Justice Gokhale suggested counselling of the petitioner, cautioning that she might not want to risk her life. The court directed that a copy of the report be given to the petitioner for review and scheduled further hearings for Wednesday.

Responding to this development, the counsel for the petitioner said, “This opinion was expected. There is nothing surprising in the report, given the advanced stage of pregnancy.”