The Bombay High Court has directed the Maharashtra government to state its position on a public interest litigation challenging the 2024 decision that makes court permission mandatory for abortions after 24 weeks of pregnancy. The court has scheduled the next hearing for 9 October.
A bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Adwait Sethna recently heard the petition filed by paediatrician Dr Rajiv Joshi on behalf of the Medico Legal Society of India. The bench issued notice to the state government and asked it to clarify its position on the challenge.
The petition primarily contests the requirement that women seeking an abortion beyond 24 weeks must approach the High Court for permission. Under the Medical Termination of Pregnancy Act, abortion is permitted up to 24 weeks subject to specified conditions. The petition concerns the additional requirement for court approval beyond that limit under the state’s 2024 decision.
According to the petition, making women undergo judicial proceedings places an economic and mental burden on them. It argues that the impact is particularly severe for survivors of sexual assault and women facing other serious circumstances, who may have to pursue prolonged legal proceedings before obtaining medical care.
The petitioners have also argued that responsibilities involving the administration and medical system should not be transferred to the judiciary. Their challenge raises questions about how decisions involving advanced pregnancies are processed, which institution should assess medical and personal circumstances, and whether court proceedings can create additional delays for women seeking time-sensitive care.
The court has not issued a final ruling on the validity of the state government’s 2024 decision. Its immediate order is limited to seeking the government’s response and listing the matter for further hearing. The Maharashtra government’s position is expected to be placed before the bench when the petition is heard on 9 October.
