Bombay High Court
X. Y. Z.versusTHE STATE OF MAHARASHTRA THR. THE PRINCIPAL SECRETARY PUBLIC HEALTH DEPARTMENT
- Decided
- Disposal
- Disposed Off
Holding
The petition is dismissed as the petitioner is free to decide on termination and the court cannot force the procedure.
Summary
The petitioner sought a court order for the medical termination of her pregnancy at approximately 23 weeks, invoking the Medical Termination of Pregnancy Act, 1971. The High Court directed medical examinations, which were conducted by a multidisciplinary board confirming the gestational age and assessing risk. The petitioner, however, left the hospital before the scheduled procedure and later indicated she would seek termination at a private facility, showing no intention to proceed at the government hospital. The court noted that the petitioner exercised her bodily autonomy and was free to decide whether to continue or terminate the pregnancy. Consequently, the court found no basis to compel the petitioner to undergo the procedure at the designated hospital. The petition was therefore dismissed.
Issues considered
- Whether the court can compel a pregnant woman to undergo termination of pregnancy under the Medical Termination of Pregnancy Act, 1971.
- Whether the petitioner’s departure from the hospital and choice to seek termination elsewhere defeats the relief sought in the petition.
Legislation cited
- Medical Termination of Pregnancy Act
Subjects
- Medical Termination of Pregnancy
- bodily autonomy
- court order
- patient consent
- High Court
- pregnancy termination
Judgment
Mamta Kale 907-wp-5683-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5683 OF 2026
XYZ ...Petitioner
Vs.
The State of Maharashtra through
the Principal Secretary Public Health
Department ....Respondent
----
Ms Afreen Khan, for the Petitioner.
Ms M P Thakur, AGP, for the Respondent / State.
----
Digitally
signed by
MAMTA
MAMTA AMAR
AMAR KALE
KALE Date:
CORAM: BHARATI DANGRE &
2026.05.04
16:07:42
+0530
MANJUSHA DESHPANDE, JJ.
DATED : 30th APRIL, 2026
P.C.
1. As directed by us, the report of the Dean, B J Medical
Government College, Sassoon General Hospital is placed before
us. The report is taken on record and marked ‘X’ for
identification.
2. The report submitted under the signature of Professor
and Head of Department Obstetrics and Gynaecology and
Associate Professor and the Head of the unit Obsterics and
Gynaecology of the said hospital, state that pursuant to the
orders passed by this Court, the patient was referred to Medical
Board which was constituted for medical termination of
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pregnancy and for examining the patient. The pregnancy was
allowed to be terminated under the orders of this Court.
The report state that the patient was admitted and
Pathological and Radiological investigations were done. It was
also clearly state that she was given preference than routine
patients in view of urgency of the matter and in light of the High
Court directions.
All routine laboratory investigations were sent and reports
were to be received in the evening for the opinion of the other
board members.
Ultrasonography was carried on at 1:30 p.m. which
confirmed single live intrauterine fetus of 23 weeks and 6 days.
The patient was also referred to Senior Psychiatrist who
counselled her. She was also examined by Senior
Anaesthesiologist and with a remark of high risk consent, he
declared that the patient can be taken for medical termination of
pregnancy with due risk with ASA Grade 2.
3. In the wake of aforesaid preparatory steps being taken, it
was informed that procedure will be carried out on 29 April 2026
early morning. However, on 28 April 2026, at 9:30 p.m., the
patient was found missing from her bed and even her partner was
also not seen around. When attempt was made to contact her
telephonically and search was taken in the hospital premises, she
was not traced. When the telephonic contact was established,
she informed that she had gone to her relative’s place and likely
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to return back next morning. However, she could not offer any
explanation why she left the hospital. The report further state
that the patient did not return to the hospital and the procedure
could not be carried out on 29 April 2026. Even on 29 April
2026, she did not report and this information was taken note by
the Medical Superintendent.
4. From the perusal of the report, it is evident that the
petitioner is not interested in completing the process of
termination of the pregnancy and according to the learned
Counsel representing her, she informed her that she will be
taking recourse to some private hospital and she do not want to
get the procedure carried out through the B J Medical
Government College, Sassoon General Hospital.
5. In the peculiar circumstances, we have left with no
alternative than to dismiss the petition but we must clear that the
petitioner has taken the Court as well as the hospital and even her
Counsel for a ride as in the wake of provisions of Medical
Termination of Pregnancy Act, 1971, since her pregnancy was
about 22 weeks, she was advised to approach the Court.
Accordingly, the petition was filed seeking permission of this
Court for termination of the pregnancy. But ultimately, it is
choice of the petitioner, as while directing her medical
examination, we have clearly expressed a view that she is entitled
to have exercise her body autonomy and whether she
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intend to continue with the pregnancy or terminate the same and
if she has made a choice, we have nothing to say.
6. The petition stands dismissed.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
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