The Bombay High Court has allowed a woman to end her 33-week pregnancy due to serious medical problems in the unborn baby. The court stated clearly that the right to choose lies with the woman, not with the medical board or the court itself.
The case was heard by Justices Gautam Patel and SG Dige, who strongly upheld the woman’s reproductive and decisional autonomy.
The woman had filed a petition seeking permission to terminate the pregnancy after doctors found major health issues in the fetus, such as microcephaly and lissencephaly, which affect brain development. She explained that she would not be able to handle the financial or emotional burden of raising a child with such conditions.
Following earlier court orders, a Medical Board from Sassoon Hospital in Pune submitted a report saying that the deformities were “correctable” at government hospitals and that the pregnancy should not be terminated due to its advanced stage.
However, Advocate Aditi Saxena, appearing for the woman, argued that the Medical Termination of Pregnancy (MTP) Act of 1971 allows abortion at any stage if the fetus has serious abnormalities. She added that the mother was physically fit to undergo the procedure.
Agreeing with this argument, the court said denying the woman an abortion would take away her dignity and right to make decisions about her body. It observed that the woman already knows that the baby will not be born healthy, and forcing her to carry the pregnancy would only cause more trauma.
The judges added, “In such situations, courts must focus not just on the legal points, but also on human rights, identity, and personal freedom. These are cases about deep questions of self-determination and informed choice.”
The bench also questioned what would happen if the woman could not take care of the baby after birth: “Should she be forced to give up her child for adoption?”
They further said that blindly accepting the medical board’s recommendation would force the parents into a painful future and condemn the unborn child to a poor quality of life.
While commenting on the MTP Act, the court noted that although it was progressive for its time, laws must be applied with compassion and understanding. “Justice must not be blind to the human experience,” the court concluded.
The judgment reaffirms that a woman’s right to choose must always be respected, especially when it involves deeply personal and life-changing decisions like pregnancy.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
