Bombay High Court Allows Unmarried Student To Terminate 26-Week Pregnancy

The Bombay High Court on Wednesday permitted an unmarried student to medically terminate her 26-week unwanted pregnancy, emphasizing her right to bodily autonomy. The division bench, comprising Justices Bharati Dangre and Manjusha Deshpande, passed the order after reviewing a report from the medical board at Sir JJ Hospital in Mumbai.

The petitioner had approached the court after conceiving during a relationship. She stated that she decided she did not want to continue the pregnancy due to the fear of social stigma and the potential psychological impact it would have on her future.

While the medical board at Sir JJ Hospital found no foetal abnormalities, it could not approve the termination directly because the pregnancy had reached 26.2 weeks, exceeding the statutory 24-week limit. The board also noted a possibility that the foetus could be born alive if the procedure was conducted at this stage.

Additionally, the medical board suggested that the petitioner might need to seek another recognized medical center because Sir JJ Hospital lacked the facilities and expertise for intrauterine foeticide.

The high court bench questioned this observation, noting that it was not the first time Sir JJ Hospital had been directed to perform terminations for pregnancies beyond 24 weeks. The justices stated they failed to understand the reason for recording this limitation in the report.

The bench remarked that the suggestion to direct the petitioner to another institute of her choice did not appeal to them. Finding no medical impediment to the procedure, the court ruled that the young woman was entitled to exercise her bodily autonomy.

The court concluded that forcing the student to continue the pregnancy against her will would cause grave and irreparable harm to her mental health, ultimately granting her petition to proceed with the termination.