The Bombay High Court on Wednesday permitted the medical termination of a 27-week pregnancy of an 18-year-old college student by JJ Hospital, observing that she had made a conscious choice. Justices Bharati Dangre and Manjusha Deshpande stated, "We see no difficulty in the team of medical doctors proceeding with the process of termination of pregnancy as desired by her as she has made a choice."
Background of the Case
The teenager approached the High Court seeking permission as her pregnancy exceeded the 24-week limit under the Medical Termination of Pregnancy (MTP) Act. Her advocate, Anand Mishra, informed the court that she conceived as a result of a consensual relationship with a fellow college student.
On June 11, the High Court directed the JJ Hospital medical board to examine her. The board's report, based on a June 16 scan, indicated that the foetus was 26.6 weeks old. It noted that termination at this stage posed a very small theoretical risk to the mother's life. However, since the foetus was beyond 24 weeks and not anomalous, the board could not permit termination.
Court's Balancing of Circumstances
The judges observed that the petitioner clearly expressed her desire to continue her education and was apprehensive of societal stigma. They emphasized that "the right of a woman to exercise her right to discontinue the pregnancy has received recognition" by constitutional courts, highlighting reproductive autonomy and bodily integrity as part of Article 21 (Right to Life).
The psychiatry department's report stated that "the patient feels that she is not in a position to take care of the baby, emotionally, financially and socially." Her health was stable, and she had expressed a strong desire to terminate the pregnancy even before the board. The judges noted, "Being an unmarried female, we deem it appropriate to respect her decision… Since, according to the petitioner, the pregnancy was unwanted, we are of the view that it will have a serious impact on her mental health, career and overall well-being."
Medical Considerations
The paediatrics department opined that if the pregnancy were terminated at this stage, the foetus would likely be alive and would require neonatal intensive care unit (NICU) care. The judges concluded, "In such circumstances, when we find that the petitioner is not in a mental state to accept the child and give birth, the best course available is that JJ Hospital shall endeavour to terminate the pregnancy and we permit it to be terminated."
This decision underscores the importance of a woman's reproductive rights and the need to consider mental health and societal factors in such cases.
