Bombay HC Permits Abortion To Woman, Says Pregnancy Causing “Grave Injury To Her Mental Health”

The court noted that the woman was abandoned by both her own difficult situation and her partner’s refusal to help, despite his active role in causing the situation, the court said the petitioner was “naturally apprehensive about social stigma and facing her own parents, who may not be supportive in the circumstances”.

On June 19, 2025, a bench of Justices Revati Mohite-Dere and Neela K Gokhale made a decision regarding the woman's request to end her pregnancy, as she no longer wished to continue with it.

Bombay HC Permits Abortion After Woman Cites Mental Trauma

The woman explained that continuing with the pregnancy was causing her significant emotional distress, which was seriously affecting her mental health. She also mentioned that her family wasn’t aware of the pregnancy, and if they found out, they would not accept it, leaving her completely alone to deal with the situation.

The judges stated in the order, “The Petitioner informs us that she quit her job about a few months back and that today, instead of looking for a new job, on learning of her pregnancy, she is now required to run pillar to post to consult doctors from Mumbai and Pune for their opinion to terminate her pregnancy. On interacting with the Petitioner, the Petitioner appears to be extremely disturbed, having to face these challenges. The Petitioner has thus clearly made a conscious decision to terminate the pregnancy. We have ascertained that she has made the choice of her own free will and she is not desirous of continuing the pregnancy.”

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The judges acknowledged the woman’s right to make decisions about her own body and reproductive health. They carefully considered the Medical Board’s opinion on her mental state, as well as the details shared in her petition, before making their decision.

The Bench ordered, “On the basis of our interaction with her, we are satisfied that continuance of the pregnancy shall adversely affect the already disturbed psychological condition of the Petitioner. Hence, in the peculiar facts of this case, we permit the Petitioner to medically terminate the pregnancy.”

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Judges' Statement On Petitioner's Request

The judges added, “The Petitioner is thus permitted to medically terminate her pregnancy. She is directed to present herself at JJ.Hospital at 10:30 a.m. on June 20, 2025. The authorities of JJHospital shall facilitate her transfer to the NM Wadia Hospital, Mumbai at the earliest. Subject to the NM Wadia Hospital having the facility of a fetal medical expert to carry out the procedure of MTP by stopping the fetal heartbeat, the Petitioner is permitted to undergo MTP at NM Wadia Hospital, Mumbai.”

The High Court took into account previous Supreme Court rulings, the woman’s right to make choices about her body and reproductive health, and the medical board’s findings on her mental health before making their decision.

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