Bombay HC Seeks Maharashtra Govt Response On Court Intervention In MTP Cases Beyond 24 Weeks

Mumbai, September 15, 2026: The Bombay High Court has requested the Maharashtra government's reaction to a public interest litigation (PIL) contesting a policy allowing court intervention in pregnancies beyond 24 weeks for vulnerable women. These vulnerable groups include survivors of rape, minors, and individuals with disabilities.

Chief Justice MC Tripathi and Justice Advait Sethna issued a notice to the State, rescheduling the petition for hearing on October 9. The petition, submitted by the Medico Legal Society of India (MLSI) through pediatrician Dr Rajeev Joshi, disputes a clause in the June 3, 2024 government resolution (GR) pertaining to such late-term pregnancies.

According to the petition, this provision has deprived state-designated medical boards of handling these cases, transferring the clinical and administrative responsibilities to the judiciary. The petition calls for the annulment of the court-intervention provision and the establishment of a clear standard operating procedure (SOP) for pregnancies over 24 weeks.

It also raises concerns about the medical ramifications of late-term terminations. These complications may result in the birth of a premature infant requiring immediate specialized neonatal intensive care, raising questions about who would cover the associated costs. The petition also highlights the legal uncertainties faced by medical professionals.

For instance, an FIR has been registered against a gynecologist in Satara for conducting a court-ordered termination, alongside contempt proceedings involving doctors at AIIMS. The petition urges the State to establish clear protocols for pregnancies with fetal abnormalities, minor rape survivors, and other cases beyond 24 weeks, including guidelines on medical responsibilities, neonatal care, and financial liabilities to alleviate uncertainty for women, their families, and doctors.