Authority: High Court of Judicature at Bombay
Order Date: 24 August 2026
Case Overview
- Petitioner: XYZ (a minor girl pursuing education)
- Respondents: State of Maharashtra & others
- Nature of proceeding: Writ Petition seeking termination of pregnancy beyond 24 weeks under the Medical Termination of Pregnancy Act, 1971.
- Background: While studying, petitioner was hospitalized and found to be 28 weeks 6 days pregnant; an FIR was filed under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
- Medical evidence: A Medical Board constituted at Sir J.J. Group of Hospitals submitted a report stating gestational age 31 weeks 3 days (±3 weeks), breech presentation, placenta fundoposterior, estimated fetal weight 1640 gm, normal AFI and Doppler. The board noted the fetus could be born alive and require NICU care, but affirmed that termination could be permitted if directed by the Court to protect the mother’s psychological health.
- Legal considerations: Pregnancy beyond 24 weeks and non‑anomalous fetus normally precludes termination under existing provisions, but the Court may intervene to prevent grave mental harm to the minor.
Final Outcome
- The Court grants the petition, allowing medical termination of the pregnancy despite the advanced gestational age.
- The petitioner is ordered to be admitted immediately to a hospital equipped to implement the Medical Termination of Pregnancy Act, 1971 with all necessary precautions and NICU facilities for the fetus.
- The order is made absolute, directing compliance by the respondents.
Topics: Legal Relief, Reproductive Rights, Minor Protection