Bombay High Court
Xyz vs State Of Maharashtra on 21 March, 2026
Author: Bharati Dangre
Bench: Bharati Dangre
2026:BHC-AS:13556-DB
2-WP-5888-2026.odt
rajshree
Digitally
signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJSHREE
RAJSHREE KISHOR
KISHOR
MORE
MORE
Date:
CRIMINAL APPELLATE JURISDICTION
2026.03.21
13:43:11
+0530
WRIT PETITION(ST) NO.5888 OF 2026
XYZ Through Mother, aged 55 years,
Occupation House wife, through
Kharghar Police Station,
Navi Mumbai 410210 ....Petitioner
V/S
1. State of Maharashtra, through
the Secretary, Department of Health
and Family Welfare, Mumbai
2. The Medical Board, Sir J.J. Group
of Hospitals. ....Respondents
Ms.Kunda Gaikwad a/w Mr.Suraj Kunchikorve for the Petitioner.
Mrs.M.P. Thakur, AGP for the State.
CORAM : BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ
DATE : 21st MARCH 2026
(In Chamber)
ORAL JUDGMENT :- (per Bharati Dangre, J)
1 Rule. Rule made returnable forthwith.
2 In continuation of our order dated 18/3/2026, Mrs.M.P.
Thakur, the learned AGP has placed before us the report under
the signature of Medical Superintendent, Sir J.J. Group of
Hospitals and Grant Medical College Mumbai dated 20/03/2026.
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The Report is taken on record and marked as ‘X” for
identification.
3 As per the report presented to us, in terms of the directions
of the Court, the victim girl who had approached this Court
through her mother was examined by the Medical Board
comprising of Associate Professor and Unit In-Charge of
Department of Obstetrics and Gynecology as well as the Professor
and Head of the Department of Pediatrics, Psychiatry, Radiology,
Medicine and Department of Anesthesia. The observations in the
report refer to the examination of the minor girl, aged 12 years,
being accompanied with her mother.
The Ultrasonography/USG Obstetrics done on 19/03/2026
was suggestive of Single Live intrauterine gestation of mean
gestational age 27 weeks and 5 days (+/- 2 weeks) with Cephalic
presentation, Anterior placenta, normal Amniotic Fluid Index,
normal Doppler with two vessel cord single umbilical artery with
no other gross lethal congenital anomalies.
The expected due date according to the ultrasonography is
10/06/2026.
4 On consideration of the overall health and the advancement
of the pregnancy of the girl, it is opined that the pregnancy is
beyond 24 weeks. But since it is beyond the scope of the Board
to allow the termination of pregnancy, in case if the High Court is
inclined, the pregnancy may be terminated, in the interest of the
psychological health of the victim and to prevent any irreparable,
damage to her mental status and also to protect the social
reputation of the family.
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5 The Report categorically has thrown light on the mother’s
health by stating that XYZ alongwith her mother are strongly
desirous of terminating the pregnancy and considering her
tender age and overall biological unpreparedness of her body,
there are chances of requiring a surgical intervention. However,
the report categorically state thus :-
“The procedure of termination of pregnancy entails a very small
theoretical risk to the life of the mother. However, with the medical
expertise and advanced facili8ties available at J.J. Hospital, the
materialization of such a risk is extremely unlikely. It will be our
earnest endeavour to ensure an uneventful course of treatment for the
victim with as minimal negative long term implications on her overall
physical, reproductive and psychological health as is possible.”
6 As far as the fetus is concerned, it is expressed that there is
every probability of it being born alive and may require intensive
neonatal care.
The observations of Professor of different departments
form part of the report and the overall opinion of the committee
under the signature of all its members is expressed in the
following words :-
“The patient and her mother have been thoroughly counselled.
They have expressed a strong desire for termination of pregnancy at
this stage. It is possible that the baby may be born alive and may
survive with appropriate medical care and interventions. As the
pregnancy is beyond 24 weeks and the foetus is not anomalous, this
medical board is not empowered to grant the termination of pregnancy
under the existing legal provisions.
However, if so directed by the Hon’ble Court, termination may be
considered in the interest of the mother’s psychological health and to
prevent grave, irreparable harm to her mental well-being as also to the
social reputation of the family if she is compelled to continue the
pregnancy against her wishes.
Patient is not suffering from any psychiatric illness. Patient can be
taken for MTP with due risk as per medicine, psychiatric and
anaesthesia opinions.”
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7 Since the Petitioner has approached this Court through her
mother for terminating unwarranted pregnancy, in the light of
the report presented before us, which is given after thoroughly
examining the patient and having assessed the risk posed to her
life, she being a minor, we deem it appropriate to allow the Writ
Petition by permitting the pregnancy to be terminated.
We are informed by the learned counsel for the Petitioner
that the girl is already admitted in J.J. Hospital.
8 In light of the aforesaid , since the girl is already in
advance stage of pregnancy we permit the pregnancy to be
terminated and we direct the the Dean of Sir. J.J. Hospital to
start the procedure forthwith.
It is also clarified that if the child is born alive, appropriate
care shall be offered to the child and if required the child shall be
admitted in NICU and after following due procedure, can be
given in adoption.
9 With this direction, Writ Petition is made absolute.
[MANJUSHA DESHPANDE, J.] [BHARATI DANGRE, J.]
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