Bombay High Court permits Mumbai teen to terminate 27-week pregnancy
The Bombay High Court in Mumbai has granted permission to an 18-year-old college student to medically terminate her 27-week pregnancy at JJ Hospital. Justices Bharati Dangre and Manjusha Deshpande ruled on Wednesday that the teenager's decision to discontinue the unwanted pregnancy must be respected, noting that she has made a conscious choice to prioritize her education and well-being.
The teenager approached the High Court because her pregnancy had surpassed the 24-week legal limit stipulated under India's Medical Termination of Pregnancy (MTP) Act. Her advocate, Anand Mishra, informed the court that she had conceived during a consensual relationship with a fellow collegian.
On June 11, the High Court directed the teenager to be examined by a medical board at JJ Hospital. A medical scan conducted on June 16 determined the foetus was at 26.6 weeks.
According to the medical board's report, a termination at this late stage posed a very small theoretical risk to the patient's life. Because the pregnancy had crossed the 24-week threshold and the foetus did not show any anomalies, the board could not authorize the procedure on its own, prompting the judicial petition.
The hospital's paediatrics department also noted that if the pregnancy were terminated at this stage, the foetus would likely be born alive and would require care in a Neonatal Intensive Care Unit (NICU).
However, the High Court balanced these circumstances against the teenager's mental health and future prospects. A report from the psychiatry department highlighted that the patient felt emotionally, financially, and socially unprepared to raise a child.
The bench observed that the teenager was highly apprehensive of social stigma and strongly desired to continue her education. The judges emphasized that constitutional courts recognize a woman's right to discontinue a pregnancy, noting that reproductive autonomy and bodily integrity are essential components of the Right to Life under Article 21 of the Constitution.
"Being an unmarried female, we deem it appropriate to respect her decision," the judges stated, adding that forcing her to continue an unwanted pregnancy would severely impact her mental health, career, and overall well-being.
The court concluded that since the petitioner was not in a mental state to accept the child, the best course of action was to permit the procedure. The bench directed JJ Hospital to endeavour to carry out the medical termination of the pregnancy.
