9 in 10 abortion petitions succeed in Bombay HC. A rare bright spot in Indian judiciary

When it comes to medical termination of pregnancy, the Bombay High Court almost always provides timely relief to the litigant.

Srikanth Rajkumar and Gokul Sunoj
09 March, 2026

She is a 14-year-old girl from a remote village in Maharashtra. A POCSO survivor, she had stayed silent about the repeated assaults against her. It was barely a month ago that a medical examination confirmed her pregnancy. Already past the 24-week statutory window for a legal termination, she found every door shut. The medical board didn’t allow it, citing a lack of authority. The Maharashtra government opposed termination outright, pushing instead for delivery and adoption. With nowhere left to turn, she walked to the doors of the Bombay High Court.

The judge wasted no time. He listed her matter as “First on Board,” held hearings on consecutive days, and met with her in private. In unequivocal recognition of her pain, the court allowed her to terminate her pregnancy. The court also ordered that if the procedure failed and a child was born, neonatal care would be provided at the government’s expense, with the state government stepping in for adoption.

Continued: https://theprint.in/opinion/counting-on-law/abortion-petitions-bombay-hc-indian-judiciary/2873486/

09.03.2026

Commentary

Bombay High Court

Medical Termination of Pregnancy Act

POSCO Act

Suchita Srivastava v. Chandigarh AdministrationX v. State of Maharashtra

India’s abortion law and the Chandrachud conundrum

Two conflicting decisions authored by former Chief Justice D.Y. Chandrachud have created a doctrinal puzzle over whether foetal viability or reproductive autonomy should prevail in late-term abortion cases.

Feb 18, 2026
V.Venkatesan

On February 6, 2026, a two-judge bench of the Supreme Court comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan permitted medical termination of a 30-week pregnancy, overturning a Bombay High Court order that had relied on a 2023 Supreme Court precedent to deny permission. The High Court had invoked X v. Union of India (2023 INSC 919), a three-judge bench decision authored by then Chief Justice D.Y. Chandrachud, which had refused termination of a 26-week pregnancy of a married woman. Justice Nagarathna relied instead on a different 2024 three-judge bench decision, also authored by then Chief Justice Chandrachud, which had initially permitted termination, before the parents withdrew their consent, thus leading to recall of the earlier order.

Continued: https://frontline.thehindu.com/the-nation/supreme-court-chandrachud-bvnagarathna-abortion-ruling-2026/article70647595.ece

India – HC pulls up state for delay on minors’ abortion privacy rules

Malathy Iyer
Sep 12, 2025

The state has missed two deadlines set by the Bombay High Court to present guidelines that would balance the requirements of the Medical Termination of Pregnancy (MTP) Act, 1971 and Protection of Children from Sexual Offences (Pocso) Act, 2012 in a manner that the privacy of minors in a consensual relationship seeking abortion is protected.

The amended MPT Act guarantees women the right to privacy and has a provision to fine doctors who reveal their name or other details. The Pocso Act protects children under 18 years from sexual assault/harassment and child pornography.

Continued: https://timesofindia.indiatimes.com/city/mumbai/hc-pulls-up-state-for-delay-on-minors-abortion-privacy-rules/articleshow/123836789.cms

12.09.2025

Bombay High Court

Dr Nikhil Datar

Medical Termination of Pregnancy Act

MTP Act

POCSO Act

privacy of minors

Protection Of Children Against Sexual Offences

India – Cannot force sexual assault victim to continue unwanted pregnancy: Bombay HC

If forced to give birth to a child against her wish, the court would be depriving her of the right to decide the "path of her life", it said.

21 June 2025

Mumbai: A victim of sexual assault cannot be compelled to continue her unwanted pregnancy, the Bombay High Court has said while allowing a 12-year-old girl to abort her 28-week pregnancy despite an adverse report from medical experts.

If forced to give birth to a child against her wish, the court would be depriving her of the right to decide the "path of her life", it said. A medical board, after examining the girl, had opined that the process of termination of pregnancy would be highly risky, considering the girl's age and the stage of the growth of the fetus.

Continued: https://www.deccanherald.com/india/maharashtra/can-not-force-sexual-assault-victim-to-continue-unwanted-pregnancy-bombay-hc-3596723#google_vignette

21.06.2025

News

Bombay High Court

Medical Termination of Pregnancy Act

Nitin Sambre

Sachin Deshmukh

sexual assault and abortion

India – “Just Because Woman Below Average Intelligence…”: Court Questions Abortion Request

The bench had last week directed that the woman be examined by a medical board at the state-run JJ Hospital in Mumbai.

Press Trust of India
Jan 08, 2025

Mumbai: The Bombay High Court on Wednesday questioned whether a woman with intellectual disability has no right to become a mother.

A division bench of Justices R V Ghuge and Rajesh Patil was hearing a petition filed by a 27-year-old woman's father, seeking permission for medical termination of her 21-week pregnancy on the ground that she was of a mentally unsound mind and unmarried. The man in his plea submitted that his daughter wanted to continue the pregnancy.

Continued: https://www.ndtv.com/india-news/just-because-woman-below-average-intelligence-court-on-abortion-plea-7427279

08.01.2025

News

abortion coercion

Bombay High Court

Medical Termination of Pregnancy Act

Prachi Tatke

R V Ghuge

Rajesh Patil

reproductive coercion

India – State to form panel to protect minors’ identities in abortion cases: Bombay High Court told

The State Public Health Department also pledged to widely publicize the Supreme Court’s ruling on this subject through the State's website, social media, and workshops for medical practitioners and field officers.

Sahyaja MS
28 Nov 2024

The State of Maharashtra on Thursday assured the Bombay High Court that it will constitute a committee within two weeks to oversee the implementation of a 2022 Supreme Court ruling that allowed the protection of minors' identities in abortion/ medical terminations of pregnancy (MTP) cases.

The Supreme Court's ruling allows registered medical practitioners (RMPs) to withhold the identity of a minor when mandatorily reporting a case under the Protection of Children from Sexual Offences Act (POCSO Act), but only if the minor and their guardian specifically request it.

Continued: https://www.barandbench.com/news/state-panel-minors-identities-abortion-cases-bombay-high-court

28.11.2024

News

Bombay High Court

Dr Rajendra Ratilal Chawhan

protecting minors' identities

Protection of Children from Sexual Offences Act

India: HC permits abortion for 14-year-old rape survivor to protect her physical well-being

The Bombay HC allowed a 14-year-old rape survivor to terminate her pregnancy, prioritizing her safety and wishes despite a contrary medical opinion.

By HT Correspondent
Oct 13, 2024

MUMBAI: Observing that the wishes and safety of the survivor are of utmost importance, the Bombay high court (HC) on Thursday allowed a 14-year-old rape survivor from Thane to get her pregnancy medically terminated, although the medical board had given a contrary opinion.

“In our opinion, the desire and safety of the survivor is of utmost importance than any other consideration,” said the division bench of justice SV Kotwal and justice Neela Gokhale while allowing the 14-year-old to undergo medical termination of her pregnancy (MTP) at JJ Hospital.

Continued: https://www.hindustantimes.com/cities/mumbai-news/hc-permits-abortion-for-14-year-old-rape-survivor-to-protect-her-physical-wellbeing-101728762015761.html

13.10.2024

India – Supreme Court allows abortion of minor rape survivor

By : AgencyFirst
Monday, Apr 22, 2024

New Delhi (ANI): The Supreme Court on Monday allowed medical termination of the pregnancy of a 14-year-old rape survivor while noting that continuing the pregnancy may harm the physical and mental health of the minor.

A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala, allowing the girl to undergo abortion who is over 29 weeks pregnant, held that the urgency of the situation and the welfare of the minor necessitated the medical termination of pregnancy.

Continued: https://www.babushahi.com/full-news.php?id=183104&headline=SC-allows-abortion-of-minor-rape-survivor

22.04.2024

Medical Termination Of Pregnancy (MTP) Act

Meet Mumbai advocates fighting against abortion law to bring women justice

29 October, 2023
Neerja Deodhar

Time is of the essence in these cases,” Anubha Rastogi, an advocate at the Bombay High Court, says at her Fort office. Outside, as the clock strikes two, the bells of the Rajabai Tower toll, underscoring the immediacy she speaks of.

Earlier this week, Rastogi and her associate Rachita Padwal represented a woman who wished to end her 26-week pregnancy. Following a medical board’s assessment about the woman’s mental and physical fitness to undergo the procedure, the HC passed an order allowing the termination. But the lawyers’ work didn’t end there; they made additional suggestions about medical boards themselves—typically comprising a gynaecologist, radiologist, paediatrician, among other experts—and the lack of awareness around them.

Continued: https://www.mid-day.com/sunday-mid-day/article/a-suitable-ruling-23317012

29.10.2023

Commentary

Anubha Rastogi

Bombay High Court

medical boards for abortion

Medical Termination Of Pregnancy (MTP) Act

India – “Baby Will Be Born Alive”: Court Rejects Abortion For Girl, 17, At 24 Weeks

A division bench of Justices Ravindra Ghuge and Y G Khobragade, in its order on July 26, noted the girl would turn 18 this month and that she was in a consensual relationship with the boy since December 2022.

India News Press Trust of India
July 31, 2023

Mumbai: The Aurangabad bench of the Bombay High Court has refused permission to a 17-year-old girl to abort her 24-week pregnancy, saying it was the result of a consensual relationship and the baby would be born alive at this stage.

Continued: https://www.ndtv.com/india-news/baby-will-be-born-alive-bombay-high-court-rejects-abortion-for-girl-17-at-24-weeks-4254783

31.07.2023