Bombay HC allows 18-year-old college student to terminate 27-week pregnancy
The Bombay High Court in Mumbai on Wednesday permitted an 18-year-old college student to undergo the medical termination of her 27-week pregnancy at JJ Hospital. Justices Bharati Dangre and Manjusha Deshpande ruled in favour of the teenager, prioritizing her reproductive autonomy, bodily integrity, and right to education over the statutory 24-week limit of the Medical Termination of Pregnancy (MTP) Act.
The petitioner had approached the high court for permission because her pregnancy had crossed the legally permitted 24-week threshold under the MTP Act. Her advocate, Anand Mishra, informed the court that the teenager had conceived while in a consensual relationship with a fellow college student.
On June 11, the High Court directed the teenager to undergo an examination by the JJ Hospital medical board. A scan conducted on June 16 showed the foetus was at "26.6 weeks."
The medical board's report stated that undergoing a termination at this stage would pose a very small theoretical risk to the mother's life. However, because the foetus was beyond the 24-week limit and did not show any anomalies, the medical board was unable to permit the medical termination of pregnancy on its own authority, necessitating the court's intervention.
In delivering the ruling, the judges noted that they had to balance these circumstances. They highlighted that the petitioner had clearly expressed her strong desire to continue her college education and was highly apprehensive of the social stigma she would face.
"We see no difficulty in the team of medical doctors proceeding with the process of termination of pregnancy as desired by her as she has made a choice," Justices Dangre and Deshpande stated in their order.
The judges further observed that the right of a woman to exercise her choice to discontinue a pregnancy has received firm recognition from constitutional courts. They emphasized that reproductive autonomy and bodily integrity are crucial aspects of the Right to Life guaranteed under Article 21 of the Constitution of India.
