Apex Court Overrules Bombay High Court, Directs Immediate Action at JJ Group of Hospitals
In a significant and urgent decision, the Supreme Court of India has allowed the medical termination of pregnancy for the daughter of the appellant in the case titled "A (Mother of X) v. State of Maharashtra and Others." The judgment, delivered by a bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan, emphasized the grave urgency in the matter, necessitating immediate action.
The appellant, represented by a team of advocates including Mr. Shantanu M. Adkar and Mr. Ashley Cusher, approached the Supreme Court after the Bombay High Court had previously denied the request for medical termination of pregnancy through its order dated January 27, 2026. The appellant’s counsel argued the necessity of the procedure due to pressing medical reasons and the potential risk to the health of the appellant’s daughter.
Acknowledging the urgency, the Supreme Court set aside the Bombay High Court's order and granted permission for the medical procedure. The Court directed the appellant to provide a written undertaking consenting to the procedure, ensuring all legal formalities were adhered to.
The procedure is to be conducted at JJ Group of Hospitals, Mumbai, where the appellant's daughter is currently admitted. The Supreme Court has instructed the hospital to carry out the termination with all necessary medical safeguards, ensuring the health and safety of the patient are prioritized.
The Court's decision underscores the importance of timely medical intervention in cases involving grave urgency, particularly in matters concerning women's health and reproductive rights. The Court also ordered the Registry to release the operative portion of the order on the same day, highlighting the immediate need for action.
This case brings to light the critical role of the judiciary in balancing legal frameworks with urgent medical needs, particularly under the Medical Termination of Pregnancy Act, 1971, which governs such decisions in India.
Bottom Line:
Direction issued to permit medical termination of pregnancy for appellant's daughter, considering grave urgency in the matter.
Statutory provision(s): Medical Termination of Pregnancy Act, 1971
A (Mother of X) v. State of Maharashtra, (SC) : Law Finder Doc id # 2850097
