India – Forcing woman to continue with pregnancy violates her autonomy: Delhi HC quashes case against woman for lawful abortion

Here is the decision itself.
Decisions about pregnancy and the control over their body, fertility and motherhood choices should be left to the woman alone.

Prashant Jha
09 Jan 2026

The Delhi High Court recently observed that forcing a woman to continue with the pregnancy violates her bodily autonomy and integrity [Sanya Bhasin v The State & Anr].

Justice Neena Bansal Krishna said that the decisions about pregnancy and the control over their body, fertility and motherhood choices should be left to the woman alone.

Continued: https://www.barandbench.com/news/forcing-woman-to-continue-with-pregnancy-violates-her-autonomy-delhi-hc-quashes-case-against-woman-for-lawful-abortion


Delhi HC seeks clarity in medical reports for abortions beyond 24 weeks

By Shruti Kakkar, New Delhi
Dec 21, 2025

Justice Swarana Kanta Sharma issued directions while hearing a minor rape survivor’s plea, flagging vague medical opinions and procedural lapses by CWC and IOs.

The Delhi High Court has directed medical boards assessing requests for termination of pregnancy beyond 24 weeks to submit clear and specific reports detailing the exact gestational age, the victim’s physical and mental fitness to undergo the procedure, and whether termination would pose any risk to the victim’s life.

continued: https://www.hindustantimes.com/cities/delhi-news/delhi-hc-seeks-clarity-in-medical-reports-for-abortions-beyond-24-weeks-101766253970877.html


Delhi High Court Calls for Law to Balance Maternal Autonomy and Rights of Viable Foetus in Abortion Cases

By Hardik Khandelwal
14 September 2025

New Delhi: The Delhi High Court has recently raised an important legal question while allowing the termination of the pregnancy of a 15-year-old minor girl. The Court has suggested that lawmakers should think about making a clear law on protecting the rights of a viable foetus that may be born alive during an abortion, while also ensuring that a woman’s autonomy and right to health are protected.

The case came before the Court as a Writ Petition filed by the minor through her mother, seeking permission to terminate a pregnancy of 27 weeks.

Continued: https://lawchakra.in/high-court/law-maternal-autonomy-rights-abortion-case/


India – Hospitals to not insist on ID proof of rape survivors seeking abortion, says Delhi HC

Delhi HC added that medical protocols must align not only with statutory obligations, but also with compassion, practicality, and understanding.

Jun 02, 2025

The Delhi High Court has asked hospitals in the national capital to refrain from demanding ID proofs of rape survivors seeking termination of their pregnancy on orders of courts.

Justice Swarana Kanta Sharma also underlined the pressing need for "clear, practical and sensitive" medical protocols for such survivors, particularly minors.

Continued: https://www.hindustantimes.com/india-news/hospitals-shouldn-t-insist-on-id-proof-of-rape-survivors-seeking-abortion-delhi-hc-101748870645674.html


‘Ground situation unchanged’: Delhi HC flags ordeal of survivors seeking abortion

18 Apr 2025

NEW DELHI: The Delhi High Court was recently displeased with its directions not being complied with by the doctors in the national capital for constituting a panel to determine the cases of sexual assault survivors seeking abortion without any delay.

Justice Swarana Kanta Sharma’s verdict on April 17 outlined the “unfortunate” state of affairs over the compliance of its directions passed on January 25, 2023 and November 3, 2023 through which hospitals were ordered to constitute medical boards to examine sexual assault survivors seeking medical termination of their pregnancy.

Continued: https://www.millenniumpost.in/delhi/ground-situation-unchanged-delhi-hc-flags-ordeal-of-survivors-seeking-abortion-607227


India – On abortion, Supreme Court and government have failed women

Coerced pregnancies and forceful state oversight of termination benefit neither the pregnant person nor the child

Written by Rohin Bhatt
February 5, 2024

For a long time, Indians have prided themselves on a “liberal abortion regime”. In 2022, Union Minister for Women and Child Development Smriti Irani wrote in The Indian Express (‘West steps back, India shows way’, June 27), “It is a liberal achievement over countries where abortions are disallowed since conception, even in the most traumatising of circumstances of sexual abuse or incest… Not only is the government making a concerted effort for reproductive choices to be easier on the pockets of women, it is also promoting safe motherhood through institutional deliveries under Janani Suraksha Yojana and quality, respectful care in labour rooms during deliveries under schemes like LaQshya.”

But do the government and courts walk the talk when issues of abortion come up? A recent look at the decisions of the Supreme Court and high courts would suggest — the answer is no.

Continued: https://indianexpress.com/article/opinion/columns/abortion-supreme-court-government-have-failed-women-9145065/


India – ‘24-Week Limit For Abortion Is Obsolete’

The Medical Termination of Pregnancy Act does not permit abortions beyond 24 weeks, but this limit is obsolete, as abortions can now safely be performed right up to full term, senior advocate Colin Gonsalves says

By Menaka Rao
2 Feb, 2024

New Delhi: On January 23, the Delhi High Court recalled its order granting permission for abortion to a 26-year-old woman. Her husband had died two months ago. She was about 30 weeks pregnant when she approached the court. The earlier order was based on the fact that she had suicide ideation due to her bereavement, but the court turned back on its previous order after doctors at the All India Institute of Medical Sciences (AIIMS) raised objections to the late-term abortion saying that the foetus was viable and it could be born alive after the procedure.

This case is similar to the one decided in October 2023 by a three-judge bench of the Supreme Court, which involved a married woman with postpartum psychosis after a recent delivery. There too, AIIMS doctors had sent clarifications that it was a late-term pregnancy as defined by the Medical Termination of Pregnancy Act, 2021 (MTP Act). The Supreme Court not only rejected the abortion plea at the time, but also told the woman to deliver the baby at AIIMS and give it up for adoption if the couple wishes to do so.

Continued: https://www.indiaspend.com/indiaspend-interviews/24-week-limit-for-abortion-is-obsolete-892891


Abortion law in India is changing. Advocate Amit Mishra is at the centre of it all

Debate on woman’s right to terminate pregnancy as against right of unborn child has been gaining steam in India. Dr Mishra says he gets 1-2 cases every month involving these rights.

APOORVA MANDHANI
03 February, 2024

New Delhi: ‘The baby is currently viable — that is he will show signs of life and have a strong possibility of survival — so we would need a directive from the Supreme Court on whether a foeticide can be done before the abortion.’ This is what an AIIMS doctor wrote in an email to the Supreme Court on 10 October last year. The email changed the course of the debate on abortion in India.

The email was written after a two-judge bench of the Supreme Court, on 9 October, allowed a 27-year-old woman, ‘X’, to terminate her 26-week pregnancy.

Continued: https://theprint.in/judiciary/abortion-law-in-india-is-changing-advocate-amit-mishra-is-at-the-centre-of-it-all/1950906/


India – ‘Fetus is normal’ — AIIMS asks HC to reconsider order allowing abortion for 31 weeks pregnant woman

Delhi HC order allowed abortion citing psychiatric report that woman was suffering from extreme trauma. Hospital's application says 'feticide' in this case 'neither justified nor ethical'.

BHADRA SINHA
16 January, 2024

New Delhi: The All India Institute of Medical Sciences (AIIMS) has expressed reservations about a Delhi High Court order permitting abortion to a 31-week pregnant woman.

In an application filed Monday before the high court, the hospital said the “fetus is grossly normal” and, therefore, “feticide” in the case “is neither justified nor ethical”.

Continued: https://theprint.in/judiciary/fetus-is-normal-aiims-asks-hc-to-reconsider-order-allowing-abortion-for-31-weeks-pregnant-woman/1925498/


A disturbing judicial trend to inhibit access to abortion services in India

Two decisions, one of the Kerala High Court and the other of the Supreme Court of India represent a disturbing new trend of courts leaning away from respect for bodily autonomy and the choice of a pregnant person in access to abortion services.

MUSKAN TIBREWALA
JANUARY 7, 2024

IN a short span of four days, from December 18 to December 22, the fate of a 12-year-old girl child who is pregnant due to rape by her minor brother was decided by the Kerala High Court.

The girl child sought termination of the pregnancy on the ground that giving birth would lead to “cataclysmic consequences to her physiological and psychological condition”.

Continued: https://theleaflet.in/a-disturbing-judicial-trend-to-inhibit-access-to-abortion-services-in-india/