Bombay High Court Permits the Medical Termination of a Minor’s Pregnancy Beyond 20 Weeks

Must Read

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order...

Allahabad High Court Dismisses Application To Quash Prima Facie Allegations of Criminal Intimidation and Outraging Modesty

Allahabad High Court, on 17th November 2020, dismissed an application filed under Section 482 of Cr.P.C. and refused to...

Delhi High Court Prohibits Gathering in Public Places To Celebrate Chhat Puja

The Order had come in a Writ Petition moved by Shri Durga Jan Seva Trust. The Petition sought to...

Bombay High Court Directs State To Pass Tribe Claim Within Two Weeks, Refuses To Intervene on Merits of Claim Itself

The Division Bench of Bombay High Court consisting of Justice S.S. Shinde and Madhav Jayajirao Jamdar passed an order...

Kerala High Court Dismisses Petition by Allocating Respondent To Vacancy in IFS Cadre

On 16th November 2020, the Division Bench at Kerala High Court, consisting of Honourable Justice A.M. Shaffique and Honourable...

Follow us

On 26th May, the Bombay High Court disposed of a writ petition in the case of Ms X vs the State of Maharashtra. It allowed a minor to undergo medical termination of her pregnancy beyond 20 weeks. The father had sexually abused the minor.

Brief Facts of the Case 

The suitor is the mother of a minor girl aged 13 years. In a heinous crime, the minor was sexually abused by her father. The incident took place when she was residing with her aunt in Thane. As a result of the abuse, the girl became pregnant with the child of her father. After that, she lodged an FIR in the Thane Police Station on 17th May 2020. An ultrasound test on 19th May revealed her to be 22 weeks pregnant. Section 3 (2b) of the Medical Termination Act, 1971 forbids termination of pregnancy beyond 20 weeks. Hence, the J.J. Hospital in Mumbai refused to abort the pregnancy. Consequently, the minor’s mother filed a writ petition before the Court. It prayed for the termination of pregnancy for her daughter.

On 22nd May, a division bench passed an interim order on the case. It directed the minor to present herself before the Medical Board of J.J. Group of Hospitals. The Board was to examine the minor and submit a report to the Court. The report was to state whether it would be advisable to terminate the pregnancy of the minor girl. The group of doctors evaluated the physical and psychological state of the minor. They opined that the continuation of the pregnancy might lead to pregnancy-related complications. It may induce anaemia, pregnancy-induced hypertension and complications during labour. They also stated their concern towards adverse psychological effects on the minor. By citing the same, the report had recommended the termination of pregnancy.

Court’s Decision

‘Coram – Justice Nitin Jamdar & Justice N.R.Borkar’

The Court considered the stand of the minor and her mother. It also considered the advice of the Medical Board. After conducting a thorough analysis, it deemed it necessary to allow the termination of the pregnancy. Thus, the Court permitted the minor to go ahead with the termination of her pregnancy. Additionally, it asked the petitioner to be with her daughter during the procedure. They are to be present at Sir J.J. Group of Hospitals on 29th May at 11 a.m. for the same. The Court allowed the Hospital to go ahead with the termination of pregnancy on the said date.

The Court ordered for the preservation of blood and tissue samples of the foetus since an FIR was filed. Medical testing – including DNA fingerprinting/mapping – requires the same. The Court ordered the investigating officer to collect the samples. The Forensic Science Laboratory will forward and preserve these samples for trial. In case a child is born alive from the procedure, the Hospital was to take all necessary steps to save its life. Accordingly, the State and its agencies will take full responsibility.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of the Sub-Judge, Hosur. The case...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order held that Mr Arora had...

Allahabad High Court Dismisses Application To Quash Prima Facie Allegations of Criminal Intimidation and Outraging Modesty

Allahabad High Court, on 17th November 2020, dismissed an application filed under Section 482 of Cr.P.C. and refused to quash the charge sheet (dated...

Delhi High Court Prohibits Gathering in Public Places To Celebrate Chhat Puja

The Order had come in a Writ Petition moved by Shri Durga Jan Seva Trust. The Petition sought to quash and set aside an...

Bombay High Court Directs State To Pass Tribe Claim Within Two Weeks, Refuses To Intervene on Merits of Claim Itself

The Division Bench of Bombay High Court consisting of Justice S.S. Shinde and Madhav Jayajirao Jamdar passed an order on 17th November 2020 in...

Kerala High Court Dismisses Petition by Allocating Respondent To Vacancy in IFS Cadre

On 16th November 2020, the Division Bench at Kerala High Court, consisting of Honourable Justice A.M. Shaffique and Honourable Justice Gopinath. P heard the...

AP High Court: If an Auction Is Conducted by a Cooperative Bank, the Property Ceases to be Property of the State

A single-judge bench consisting of honourable justice Ninala Jayasurya gave orders on the writ petition filed by the petitioner. The petition challenges the action...

Madras HC Rules in Favour of the Authorities in FMGE Examination, Finds Writ Petitions Against the Exam Void of Merit

Three aspirants of Foreign Medical Examinations moved to the High Court by filing a Writ Petition under Article 226 of the Indian Constitution. They...

Hong Kong High Court Rules for Independent Mechanisms To Be Set up To Deal With Complaints Against Police Officers

The present suit was brought by a journalist association because of the police brutality that the protestors faced in the protests against the China...

Madras High Court Maintains That Government Policy Is To Prioritize Own State’s Candidates and Sets Aside Nativity Certificate Rejection Order

Varsha Totagi, a NEET aspirant filed a Writ Petition under Article 226 of the Indian Constitution. She had been denied Nativity Certificate without which...

More Articles Like This

- Advertisement -