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Mumbai, February 14, 2025 – The Bombay High Court has allowed a 35-year-old woman to terminate her 25-week pregnancy at a private hospital, despite existing Medical Termination of Pregnancy (MTP) rules that restrict such procedures beyond 24 weeks. The ruling marks a significant moment in reproductive rights jurisprudence, as the court prioritized the woman’s autonomy and health while choosing to defer broader deliberations on the MTP rule limitations.
A bench comprising Justices Revati Mohite-Dere and Dr. Neela Gokhale acknowledged the urgency of the case and directed the petitioner to obtain an affidavit from the private hospital, confirming its capability to perform the procedure safely. The decision provides relief to the petitioner, who sought to terminate the pregnancy beyond the legal time frame imposed by the MTP Act.
Advocate Meenaz Kakalia, representing the petitioner, argued that the woman had the right to choose the medical institution for the procedure, citing government guidelines that permit foetal heartbeat cessation in late-term abortions. The court, while agreeing with the petitioner’s reproductive rights, refrained from expanding discussions on broader policy implications of the MTP Act.
The verdict adds to the growing discourse on reproductive rights in India, where courts have increasingly been called upon to interpret the legal framework in light of individual autonomy and medical necessity. Legal experts note that this case may set a precedent for future rulings on similar matters.
Disclaimer: This article is based on publicly available information and does not constitute legal or medical advice. Readers are encouraged to refer to official legal sources or consult medical professionals for specific guidance on the subject.
(Source: India Today – https://www.indiatoday.in/india/law-news/story/bombay-high-court-woman-to-terminate-25-week-pregnancy-private-hospital-despite-mtp-rules-2679791-2025-02-14)
