The Bombay High Court has refused to allow medical termination of a 28-week pregnancy sought by an 18-year-old woman, ruling that permitting the procedure at this stage would amount to foeticide since the foetus is “healthy and viable.”
A division bench comprising Justice Ravindra Ghuge and Justice Abhay J Mantri passed the order earlier this week while hearing a petition filed by the young woman’s mother. The court directed that the pregnant teen be provided with continuous medical and psychological support throughout the pregnancy and postpartum period, with the costs borne by the state.
The petition revealed that the pregnancy resulted from a sexual relationship the teen had with a male friend when she was 17 years old. The male friend allegedly coerced her into a physical relationship on the pretext of marriage. Following the discovery of the pregnancy, an FIR was registered on January 2.
Arguing for termination, the petitioner’s lawyer submitted that the girl did not wish to continue with the pregnancy and that it was her independent decision to seek an abortion.
The bench noted that although the relationship was legally impermissible due to the petitioner’s age at the time, it appeared to be consensual. The court relied on the findings of a medical board, which opined that:
“There is a high chance of a live child being born if the pregnancy is terminated through a preterm delivery.”
It further recorded the board’s conclusion that the foetus was without any congenital abnormalities or anomalies.
Referring to binding Supreme Court decisions and taking into account the medical and gestational status, the High Court held that:
“Termination at this stage would amount to foeticide if granted.”
While denying permission to abort, the court issued several directions to safeguard the teen’s physical and mental health:
- The girl is to receive full medical attention, including a female psychologist or counsellor, during pregnancy and after delivery.
- She can reside in a state-supported facility or at home, based on her comfort, for as long as she needs.
- The Child Welfare Committee (CWC) has been asked to assist in putting up the child for adoption if the young woman decides not to keep the baby.
- Her parents may support her during delivery, and all expenses will be covered by the state.
The court concluded:
“The would-be mother would be taken care of until her delivery and postpartum care… The costs would be borne by the state.”
Under the Medical Termination of Pregnancy Act, abortions beyond 24 weeks are permissible only under exceptional circumstances, such as foetal abnormalities or threats to the pregnant woman’s life. The court held that none of these grounds were attracted in the present case.
