Mumbai: The Bombay High Court on Tuesday permitted a 16-year-old girl to medically terminate her 31-week pregnancy, observing that she was unwilling to carry it to term.
A division bench of justices Bharati Dangre and Manjusha Deshpande passed the order on a petition filed by the minor through her mother. The plea sought the court’s intervention as the pregnancy had crossed the 24-week gestation period prescribed under the Medical Termination of Pregnancy Act, 1971.
Earlier, the court had directed the Medical Board at Thane Civil Hospital to examine the girl and submit a report. The board, after examining her on February 13, informed the court that termination at this stage would not pose any risk to her life or cause adverse health consequences. However, it expressed reservations solely on the ground that the gestational period had exceeded the statutory limit.
Taking note of the minor’s unwillingness to continue the pregnancy and her uncertainty about coping with childbirth and parenthood, the bench allowed the termination. The court also referred to a similar ruling by the Supreme Court permitting a minor to end an unwanted pregnancy on account of her refusal to carry it forward.
The bench directed that the procedure be conducted at Thane Civil Hospital under the supervision of the two gynaecologists who were part of the Medical Board. It declined the request to allow the termination at a private hospital in Ulhasnagar. The minor’s mother has been directed to provide written consent for the procedure.