Court's decision on the Right To Bodily Autonomy, Woman can abort 26 weeks of pregnancy

Bombay High Court has passed an important order on the petition of a 32-year-old pregnant woman. In this decision, the court has made an important comment on the right of a child's birth. A division bench of Justice Revati Mohit Dere and Justice Neela Gokhale has granted permission for abortion at a hospital of the woman's choice. However, the hospital will be asked to file an affidavit and inform the court that the hospital has the facilities to fulfill all the requirements of the Medical Termination of Pregnancy (MTP) Act. In this order, the High Court has stressed women's reproductive freedom, bodily autonomy, and right to choice.

In the petition heard before a two-judge bench, the woman had sought permission for abortion due to fetal anomalies. After considering the facts, the court said in the order passed on March 28, "Keeping in mind the petitioner's right to reproductive freedom, her autonomy over the body, and her right to choice, abortion is being allowed." The court, while highlighting the physical condition of the petitioner, said that the woman could abort the pregnancy medically.

In her petition, the woman had demanded to ensure that the fetal heart rate is reduced in the process of abortion so that the child is not born alive. On this, the court also directed the medical board of the government hospital - JJ Hospital to give its opinion on the most appropriate method of abortion. Under the provisions of the MTP Act, a pregnancy of more than 24 weeks cannot be aborted in private hospitals without the permission of the court.