Nagpur: In two significant orders reinforcing reproductive rights under the Medical Termination of Pregnancy (MTP) Act, 1971, the Nagpur Bench of the Bombay High Court has permitted the medical termination of pregnancies of a 16-year-old rape survivor and an 18-year-old unmarried student after medical boards certified that the procedures could be safely carried out.
A division bench comprising Justices Anil S. Kilor and Raj D. Wakode passed the orders after considering the reports submitted by medical boards, which found both petitioners medically fit to undergo termination of pregnancy.
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In the first case, the High Court on Tuesday allowed a 16-year-old rape survivor to terminate her 27-week pregnancy. The minor, aged 16 years and eight months, had approached the court through her father after the pregnancy crossed the statutory limit prescribed under the MTP Act. Considering the urgency of the matter, the bench had earlier directed the Medical Board at the District Government General Hospital, Irwin Hospital, Amravati, to examine the girl and submit its opinion.
The Medical Board reported that the pregnancy could be medically terminated with only a minor risk. Accepting the report, the High Court granted permission for the procedure and directed that the consent of the girl’s parents be obtained before the termination is carried out. Advocate S. H. Bhatia represented the petitioner, while Assistant Government Pleader H. D. Marathe appeared for the State.
In another important ruling delivered on Monday, the same bench permitted an 18-year-old unmarried student to medically terminate her 22-week pregnancy, relying on the Supreme Court’s landmark judgment affirming that unmarried women are entitled to the same rights as married women under the MTP Act.
The petitioner, aged 18 years and six months, informed the court that she was dependent on her parents and that continuing the pregnancy would cause her severe mental distress and medical hardship. Pursuant to the court’s direction, a Medical Board constituted at Government Medical College and Hospital (GMCH), Nagpur, examined her and certified that she was mentally and physically fit to undergo the procedure.
During the hearing, Assistant Government Pleader Hrishikesh Marathe submitted that neither the provisions of the MTP Act nor the Maharashtra Government’s Standard Operating Procedure issued on June 3, 2024, specifically addressed situations where an unmarried woman seeks judicial permission for termination of pregnancy.
Counsel for the petitioner, Advocate Sweety Bhatia, relied on the Supreme Court’s landmark ruling, which held that there is no legal basis to deny unmarried women the benefits available to married women under the MTP Act. Referring to the apex court’s observations, the High Court noted that excluding unmarried women from the ambit of the law would be discriminatory and violative of Article 14 of the Constitution.
The bench further observed that the constitutional rights to reproductive autonomy, dignity and privacy under Article 21 confer upon an unmarried woman the same right to decide whether or not to continue a pregnancy as that enjoyed by a married woman.
Relying on the Supreme Court’s binding precedent and the favourable medical opinion, the High Court allowed the petition and directed that the termination be carried out by two registered medical practitioners after obtaining the petitioner’s informed consent, as recommended by the Medical Board.
The twin rulings underscore the High Court’s commitment to safeguarding reproductive rights while ensuring that medical termination of pregnancy is permitted in accordance with expert medical opinion and the legal principles laid down by the Supreme Court.
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SEHAT KI BAAT - Dr. Snehal Makeshwar EPISODE - 8
