PIL before Bombay High Court challenges State rule on abortions beyond 24 weeks

The Bombay High Court has issued notice to Maharashtra government on a public interest litigation (PIL) petition challenging the instructions that require women to seek court order for the medical termination of pregnancy (MTP) beyond 24 weeks [Dr Rajeev Joshi v. State of Maharashtra & Ors.].A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait M Sethna sought the State's response and scheduled the matter for hearing on October 9..The petition filed by the Medico Legal Society of India (MLSI) through pediatrician Dr. Rajeev Joshi challenges a June 2024 Maharashtra Government Resolution (GR). Under the MTP Act, termination of pregnancy is permitted up to 24 weeks subject to prescribed conditions, while terminations beyond 24 weeks are highly restricted.The June 2024 GR mandates direct court intervention for all other late-term cases. MLSI has argued that this requirement imposes financial and emotional burdens on victims by forcing them into prolonged litigation. The plea contends that the government is improperly shifting its administrative and clinical responsibilities to the judiciary. .The PIL also highlighted severe clinical and ethical dilemmas associated with late-term abortions.Medical terminations performed beyond 24 weeks frequently result in live premature births, creating an urgent need for specialised neonatal intensive care. However, India faces a critical shortage of Neonatal Intensive Care Unit (NICU) beds to manage such fragile infants. As per the plea, the legal risks and severe distress faced by medical professionals. The plea refers to an FIR registered against a gynaecologist in Satara for performing a court-ordered abortion. .According to the petition, doctors are currently caught between conflicting judicial mandates, ethical duties, and the threat of criminal prosecution. Hence, the petition has sought quashing the court intervention clause in the 2024 GR for late-term abortions. It has also sought a clear standard operating procedure (SOP) for late-term pregnancies. Further, the State should bear the financial costs of intensive neonatal care for any child born alive during court-authorized procedures, the plea states..Joshi appeared in person.Government pleaders Neha S Bhide, OA Chandurkar and MM Pabale appeared for State.[Read order]