Court Directs Health Authorities to Implement Guidelines in Compliance with Medical Termination of Pregnancy Act, 1971
In a significant ruling, the Madhya Pradesh High Court, presided over by Justice Sandeep N. Bhatt, clarified that judicial intervention is not required for terminating pregnancies exceeding 24 weeks if they fall under the permissible grounds as per the Medical Termination of Pregnancy Act, 1971. This decision was rendered in the case of X Minor v. State of Madhya Pradesh and Others, addressing the petition filed under Writ Petition No. 32921 of 2026.
The court, referencing an earlier decision by a Division Bench in Reference (suo-moto) v. State of Madhya Pradesh, Writ Petition no. 5184 of 2025, emphasized that sections 3(2)(a) and 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, allow for pregnancy terminations beyond 24 weeks without necessitating judicial proceedings, provided the case meets the criteria outlined in the Act.
Justice Bhatt's order mandates the Health Department's Commissioner to ensure that this interpretation is communicated to all hospitals, particularly government hospitals, to prevent unnecessary legal hurdles in similar future cases. The court's directive aims to facilitate smoother access to medical termination of pregnancy services while ensuring compliance with legal requirements.
The petitioner, represented by advocates Ms. Shraddha Garg and Shri Ashish Choubey, sought clarity on the necessity of judicial proceedings for pregnancy termination in cases exceeding 24 weeks. The State was represented by GA Sjro Vijay Nagpal.
The ruling underscores the judiciary's role in interpreting legislative provisions to uphold the rights and welfare of individuals while streamlining processes within healthcare systems.
Bottom Line:
Medical Termination of Pregnancy Act, 1971 - Judicial proceedings are not required for termination of pregnancy exceeding 24 weeks if it falls under the permissible grounds as per the Act.
Statutory provision(s): Medical Termination of Pregnancy Act, 1971 Sections 3(2)(a), 3(2)(b)
X Minor v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2960420
