Mental anguish is real. The right to abortion is tied to dignity, autonomy & reproductive choice under Article 21 of the Constitution

Bombay High Court Upholding Women’s Right to Choose in Late-Term Pregnancy – ABC vs. State of Maharashtra (2025)

When justice meets empathy, courts don’t just interpret the law—they become a voice for the voiceless.

In the recent case of ABC vs. State of Maharashtra (WP No. 7491/2025), the Bombay High Court delivered a compassionate and progressive verdict that reaffirms a woman’s constitutional right to reproductive autonomy even in the complex legal territory of late-term pregnancies.

The Case at a Glance

The petitioner, a 31-year-old woman in her 25th week of pregnancy, approached the Court seeking permission for a medical termination. Her pregnancy was the result of contraceptive failure in a consensual relationship. Now estranged from her partner and lacking familial support, she was unwilling and unable to carry the pregnancy to term due to severe emotional and financial hardship.

Despite being physically fit for termination, the Medical Board noted that there was no medical ground under Section 3(2-B) of the MTP Act, 1971, to justify abortion beyond 24 weeks. Yet the Board acknowledged her distress and confirmed her mental fitness to take an informed decision.

The Court’s Thoughtful Intervention

In chambers, the Court interacted directly with the petitioner and the Medical Board. Disturbed by the petitioner’s precarious situation jobless, unsupported by her partner or parents, and battling psychological stress the Bench of Justices Revati Mohite Dere and Dr. Neela Gokhale recognized that legal technicalities should not override her fundamental right to dignity, autonomy, and mental health.

The judgment leaned heavily on the Supreme Court’s precedent in A (Mother of X) vs. State of Maharashtra, reiterating:

“The right to abortion is a concomitant right of dignity, autonomy and reproductive choice. This right is guaranteed under Article 21 of the Constitution.”

  1. Reaffirms Bodily Autonomy: The judgment puts the woman’s decision front and center, even where medical indications are absent but mental anguish is evident.

  2. Humanizes the Legal Process: Instead of merely relying on paperwork, the Court took the rare step of interacting personally with the woman and doctors to understand the emotional dimensions.

  3. Balances Law and Compassion: Although the gestational age was beyond the statutory limit, the Court relied on constitutional safeguards and allowed the termination in a legally compliant, medically supervised setting.

  4. Pushes for Evolved Medical Reports: The judgment highlighted how mechanical denials from Medical Boards, without assessing mental health risks, defeat the purpose of the MTP Act.

The woman was permitted to undergo the procedure at a licensed facility with fetal medicine expertise. Her former partner, now impleaded as Respondent No. 6, was directed to contribute ₹1,00,000 for medical and legal expenses a rare but welcome instance of the Court holding an irresponsible partner financially accountable.

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