The Bombay High Court has granted permission to a 40-year-old woman, suffering from Stage 3 breast cancer, to terminate her 24-week and 6-day-old pregnancy. The court observed that continuing the pregnancy could cause the woman severe mental, physical, and emotional distress, which cannot be ignored.
Earlier, the woman had approached the medical board at JJ Hospital seeking approval for a medical termination of pregnancy (MTP). However, the board had denied her request, stating that the fetus had no congenital abnormalities. In response, the woman filed a petition in the Bombay High Court, arguing that her condition—physical, mental, and financial—was not conducive to carrying the pregnancy to term. She also alleged that the medical board failed to adequately consider her mental health and overall condition.
Hospital Board Initially Denied MTP Request
Representing the woman, her lawyer requested the court to constitute an independent medical board to evaluate her current health status. The court accepted the plea and directed the formation of an independent medical board, which later found the woman fit for MTP. The board recommended that she be allowed to undergo the procedure, clearly stating that continuing the pregnancy would only prolong her mental agony.
Based on the report, the vacation bench comprising Justice Kamal Khata and Justice Arif Doctor accepted the woman’s petition. The court directed JJ Hospital to proceed with the MTP at the earliest, unless the woman chooses a different hospital for the procedure.
