Bombay HC Seeks Maharashtra's Reply on Court Role in Late-Term Pregnancy Cases

The Bombay High Court on Tuesday sought Maharashtra's response to a public interest litigation challenging a June 2024 government resolution that permits court intervention in pregnancies beyond 24 weeks involving rape survivors, minors and persons with disabilities. A division bench led by Chief Justice MC Tripathi posted the petition for hearing on October 9.

The PIL, filed by the Medico Legal Society of India through paediatrician Dr Rajeev Joshi, argues the provision has prevented state-designated Medical Boards from handling such cases and shifted responsibility to courts, forcing vulnerable women into prolonged litigation. The petition seeks quashing of the court-intervention clause and a clear standard operating procedure.

The plea also raised concerns over NICU capacity and costs for live premature infants born after late-term terminations, and cited legal uncertainty faced by doctors, including an FIR against a gynaecologist for carrying out a court-ordered procedure.