Bombay HC allows 25-week abortion despite partner’s care offer

Bombay HC allows 25-week abortion despite partner’s care offer

A 31-year-old woman, 25 weeks pregnant due to contraceptive failure during a consensual relationship, approached the Bombay High Court seeking permission for medical termination. She cited emotional and financial abandonment by her estranged partner and lack of familial support. A Medical Board, constituted under the MTP (Amendment) Act, 2021, found her physically fit and the fetus anomaly-free but denied medical grounds for termination at that stage. The petitioner’s counsel argued that continuing the pregnancy would cause grave mental anguish. The State suggested allowing the pregnancy to go full term, offering state care for the child. Relying on A (Mother of X) v. State of Maharashtra, the Court allowed termination, emphasizing reproductive autonomy as a fundamental right under Article 21. It held that a woman’s consent and mental health are central to MTP decisions. Courts may override medical opinions when fundamental rights are at stake. The ruling reinforced the need for holistic evaluation—considering psychological, social, and financial factors, not just clinical grounds.