Bombay High Court Denies Woman's Request for Pregnancy Termination at 26 Weeks

The Bombay High Court denied a 28-year-old woman's request to terminate her 26-week pregnancy, citing judicial conscience and the absence of mechanisms to ensure the biological father shares social castigation. The court emphasized the lack of effective support for women facing difficult circumstances and the responsibility of the biological father.

The Bombay High Court on Monday denied a 28-year-old woman's request to terminate her 26-week pregnancy, emphasizing the court's 'judicial conscience' and the absence of mechanisms to ensure the biological father shares equal social castigation.

The petitioner, who became pregnant by a friend while undergoing a divorce from her estranged husband, faced rejection from a division bench of Justices A S Gadkari and Neela Gokhale. The court recognized the tough situations women like the petitioner find themselves in, but highlighted that the lack of support from the baby's biological father does not warrant terminating the pregnancy.

The court noted that social stigma and the woman's economic condition were central to her request, but these factors did not justify an exception under the Medical Termination of Pregnancy Act, requiring court approval for terminations beyond 24 weeks. The bench expressed hope for government measures to address such complexities and suggested adoption as a solution if the petitioner does not wish to keep the baby.

(With inputs from agencies.)