Bombay HC Denies Woman's Request For MTP At 31 Weeks, Cites Medical Risks And Physical Fitness Concerns

Mumbai: The Bombay High Court has denied a woman permission to undergo a Medical Termination of Pregnancy (MTP) after an expert medical board concluded that she was “not physically fit” for the procedure. The woman, 31 weeks and 5 days pregnant at the time of filing her plea, sought to terminate her pregnancy due to a congenital anomaly in the fetus.

Woman’s Advocate Manisha Jagtap submitted that an ultrasound conducted on December 6, 2024, revealed a fetal heart condition. Subsequent medical opinions on December 18 and 19 deemed the pregnancy a fit case for termination. The petitioner and her family had resolved to proceed with the MTP, citing “mental anguish” caused by continuing the pregnancy.

Hence, the woman filed a plea before the HC on December 23. The MTP Act mandates the court’s permission to terminate a pregnancy beyond 20 weeks gestation.

A vacation bench of Justices SG Dige and Advait Sethna directed constitution of a medical board at Shri Chatrapati Shivaji Maharaj Sarvopchar Rugnalaya, Solapur, to assess the case.

The board’s report, based on a December 23 ultrasound, highlighted significant risks associated with termination. The report stated that the gestational age was 32 weeks and 2 days, and there was a high likelihood of the fetus surviving, necessitating NICU care.

Surgical intervention for MTP could result in complications akin to other major surgeries, including the possibility of a hysterectomy, rendering future pregnancies high-risk. The petitioner’s physical condition made her unfit for the procedure, the report added.

“If the petitioner undergoes surgical intervention, she becomes a high-risk case of hysterectomy, and the child will be born alive,” the report stated, further emphasizing the heightened complications for both current and future pregnancies.

Weighing the medical findings, the court declined to grant the petitioner’s request, noting, “If the petitioner undergoes surgical intervention, it will create further complications for future pregnancies. There are chances that the child will be born alive. Moreover, the petitioner is not physically fit to undergo medical termination.”