HC allows 19-year-old to abort 24-week pregnancy
Mumbai, Nov. 19 -- The Bombay High Court has permitted a 19-year-old woman to terminate her 24-week pregnancy, observing that she had approached a Navi Mumbai hospital within the permissible period of 21 weeks but was wrongly denied termination.
The petitioner claimed that a Navi Mumbai hospital denied to terminate her pregnancy despite being under 21 weeks pregnant at the time, prompting her to file a petition with the Bombay High Court.
During an earlier hearing on November 11, the court referred her case to Vitthal Sayanna Civil Hospital in Thane, directing the formation of a multidisciplinary medical board to examine the petitioner's medical situation.
The board, including a gynecologist, paediatrician, radiologist, and psychiatrist, produced a report confirming that she was 23 weeks and 4 days pregnant, still within the statutory 24-week limit, and also that the foetus showed abnormalities.
Subsequently, a division bench of Justices Revati Mohite Dere and Sandesh D. Patil on November 14, observed that her situation may result in other health issues, including heart, kidney and gastrointestinal issues if the pregnancy was not terminated, considering the board's report that found abnormalities in the foetus. The board further recommended termination with informed consent.
The judges also interacted directly with Dr Suresh Wankhede, psychiatrist and member of the board, who reiterated that an abnormal umbilical cord had been detected and that continuation of pregnancy could heighten health risks.
The bench further spoke to the petitioner, who expressed a clear desire to terminate her pregnancy.
Emphasising the petitioner's "right to reproductive freedom" and her autonomy, dignity, privacy and choice, the court observed that the MTP Act does not permit interference with a pregnant woman's personal decision.
The court further expressed concern over the manner in which the Navi Mumbai hospital, where she had gone earlier, refused the termination, remarking that it failed to understand why termination was denied despite the pregnancy being well within legal limits.
The court also considered the petitioner's personal circumstances-her age, her status as a Class 12 student, early marriage at 18, and her allegation of domestic violence-holding that continuing the pregnancy would adversely affect her physical and mental health.
Allowing her plea, the court directed that she be admitted to Thane Civil Hospital on the following day, authorising the medical team to determine the timing of the procedure.
The court further ordered counselling for the petitioner and her parents during and after the process.
The matter will be heard next for compliance on November 28, 2025....
To read the full article or to get the complete feed from this publication, please
Contact Us.