HC allows 19-year-old to terminate pregnancy due to mental stress, foetal anomalies

Mumbai: The Bombay High Court on Friday permitted a 19-year-old woman, pregnant for the first time, to undergo a medical termination of pregnancy, citing mental distress and foetal anomalies.

A division bench of Justice Revati Mohite-Dere and Justice Dr Neela Gokhale, hearing the teenager’s plea, noted that a medical board appointed by the court had recommended the termination. The board’s report cited the woman’s severe mental stress and significant foetal abnormalities as key factors in its decision.

The court had earlier directed the Grant Medical College and Sir JJ Group of Hospitals to constitute a medical board to evaluate the teenager, following her petition to terminate her 23-week pregnancy. She approached the court after her partner allegedly reneged on his promise to marry her.

According to the medical report, the woman had critically low levels of amniotic fluid, and the foetus exhibited swelling in the brain, a condition that could lead to developmental delays and congenital syndromes affecting the central nervous system. Based on these findings, the board recommended a medical termination of pregnancy.

The court observed that the continuation of an unwanted pregnancy could cause severe mental distress to the teenager. It further noted that she was mentally and physically fit to undergo the procedure. Consequently, the court granted her permission to proceed with the termination at JJ Hospital after necessary counselling.

Additionally, the court directed that the teenager should not be discharged until she fully recovers. It also instructed the state government to compensate her under an appropriate welfare scheme. In the event that the child is born alive, the hospital must provide immediate medical assistance, and state agencies will assume full responsibility if the teenager or her family is unwilling to care for the child.

The ruling underscores the judiciary’s recognition of mental health as a crucial factor in reproductive rights, ensuring that women facing distressing circumstances receive timely medical intervention and legal support.