Mumbai, Jan 27: The Bombay High Court on Monday refused to grant permission for medical termination of pregnancy (MTP) to an 18-year-old woman who became pregnant while she was a minor, holding that termination at the advanced stage of 28 weeks would amount to foeticide.
Court relies on JJ Hospital medical board report
A bench of Justices R.V. Ghuge and Abhay Mantri relied on a medical board report from JJ Hospital, which stated that termination at this stage would likely result in the birth of a live child requiring aggressive neonatal care for survival.
“We refuse permission for MTP which would amount to foeticide,” the court said, observing that the foetus was viable and showed no congenital anomaly.
Strong remarks by the bench
“The child is not at fault. You had a good time. Now you say kill the child. We will not take this to our graves,” the bench remarked during the hearing.
Medical board flags risks of late termination
The medical board, comprising six senior specialists, opined that the foetus would be born “with a beating heart” if the pregnancy was terminated at this stage. It further stated that the risks and complications would be similar whether the pregnancy was continued till full term or forcibly terminated now.
The report also clarified that JJ Hospital did not have the expertise to perform infra-foeticide and that termination would likely result in a premature live birth requiring neonatal intensive care.
Petitioner cited education and career concerns
The woman, now 18 years and four months old, had approached the court through her mother, seeking termination while citing concerns about her education and career.
In a detailed order, the court noted that she was in a consensual relationship with a boy she had known for two years and had physical relations on two occasions when she was still a minor. An FIR was lodged by her mother on January 2, 2026.
Court suggests adoption as alternative
Rejecting the plea, the court observed, “It appears that the child is going to be born alive. Instead of forcibly causing premature delivery, let the child be born.” The bench suggested adoption as an alternative, stating, “People long for children. A healthy child will be adopted.”
When the petitioner’s counsel argued that the woman did not want the child, the court responded, “Give it for adoption. There are institutions who will take care of the child and ensure adoption by parents with good credentials.”
Reference to Supreme Court precedents
The court also referred to Supreme Court precedents, noting that in cases involving viable foetuses with strong chances of survival, termination has been refused. “Who will commit the foeticide? We will not,” the bench emphasised.
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Support directed from Child Welfare Committee
The court directed that the woman be supported by the Child Welfare Committee (CWC), Thane, and assured that her medical expenses during and after delivery would be taken care of. It left it to the woman’s mother to decide whether she would assist with the delivery or whether the CWC would take care of the same.
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