Bombay High Court
ABCversusSTATE OF MAHARASHTRA THRU G P AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that, given the Medical Board’s recommendation and the petitioner’s informed consent, termination of the pregnancy at the advanced gestational age is permissible.
Summary
The petitioner sought the High Court's permission to terminate a pregnancy at an advanced gestational age of approximately 33-35 weeks due to multiple central nervous system abnormalities detected in the fetus. A Medical Board, comprising heads of various departments and a fetal medicine expert, examined the ultrasonography report and recommended termination, noting the guarded prognosis and the need for foeticide and possible caesarean delivery. The court inquired whether the petitioner had been informed of the risks, to which counsel affirmed that she was fully aware and willing to proceed. Relying on the Board’s recommendation and the petitioner’s informed consent, the court granted permission for termination. The order authorizes the procedure to be performed at Sasoon General Hospital under medical supervision, making the rule absolute.
Issues considered
- What legal authority permits termination of pregnancy at an advanced gestational age in the presence of fetal abnormalities?
- Whether the petitioner’s informed consent and the Medical Board’s recommendation satisfy the statutory requirements for such termination.
Subjects
- termination of pregnancy
- medical board recommendation
- fetal abnormalities
- advanced gestational age
- informed consent
- high court order
Judgment
907-WP-12812-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12812 OF 2026
ABC …. Petitioner
vs.
State of Maharashtra & Ors. …. Respondents
Mr.Ashley Cusher for the Petitioner.
Mrs. M.P. Thakur, AGP for the State.
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ
DATE : 30th SEPTEMBER 2026
ORAL JUDGMENT (PER BHARATI DANGRE, J) :
1 Rule. By consent of Parties, Rule is made returnable
forthwith.
2 In continuation of our order dated 28/09/2026 , a report of
the Board under the signature of Dean, B.J. Govt. Medical College
& Sasoon General Hospital, Pune is placed before us. Annexure
2 of the said report contain necessary information and it has set
out the procedure of examination, undertaken by the Board
which comprised of the Heads of various Departments and in
particular, fetal medicine expert. The report is taken on record
and marked as X for identification.
In the backdrop of the ultrasonography report dated
28/09/2026 at Sasoon General Hopsital, the Medical Board for
termination of pregnancy has positively recommended the same,
RAJSHREE Digitally signed by
RAJSHREE KISHOR
KISHOR MORE
Date: 2026.09.30
MORE 15:49:31 +0530
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907-WP-12812-2026.odt
but by clarifying that it may require surgical intervention and
recommendation of the Board reads thus :
“Key recommendations of the panel (if any) with justification:
According to current ultrasonography findings, the fetus has multiple
CNS abnormalities which are compatible with life (as per Neurosurgery
reference). However, quality of life may be hampered due to
neurological complications. Thus, fetal prognosis is guarded and hence,
the patient's decision for medical termination of pregnancy can be
supported. This shall require prior foeticide as termination of
pregnancy at such an advanced gestational age may result in the
delivery of a live baby (estimated weight 1997g). Also, cognizance
needs to be taken of the need for delivery of fetus via caesarean section
In view of advanced gestational age [(35+5) week) with estimated fetal
weight of 1997g and history of previous caesarean section in patient.
The due risk involved to the patient of operative intervention and
anesthesia along with their complications have been duly explained to
the patient and relatives.”
3 When we specifically inquired with the learned counsel for
the Petitioner as to whether she has been explained of the risk
and consequences, his answer is in the positive and according to
him the Petitioner is ready to take the risk involved.
4 In light of the report presented to us dated 30/09/2026, by
granting permission to the Petitioner to terminate the pregnancy
of 33 weeks, the Rule is made absolute. We permit the procedure
to be carried out in Sasoon General Hospital, Pune, under the
supervision of Medical Experts.
[ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.]
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