The Bombay High Court has issued notice to the Maharashtra government on a PIL challenging the State’s requirement that women approach courts for permission to medically terminate pregnancies beyond 24 weeks.

A Division Bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait M Sethna sought the State’s response and posted the matter for hearing on October 9 in the case of Dr Rajeev Joshi v. State of Maharashtra & Ors.

The PIL has been filed by the Medico Legal Society of India (MLSI) through paediatrician Dr Rajeev Joshi. It challenges a June 2024 Government Resolution (GR) issued by the Maharashtra government, which requires court intervention in late-term pregnancy termination cases beyond 24 weeks.

Under the Medical Termination of Pregnancy (MTP) Act, termination is permitted up to 24 weeks subject to specified conditions, while termination beyond 24 weeks is allowed only in limited circumstances.

The MLSI has argued that requiring women to approach courts in such cases creates additional financial and emotional hardships, particularly for victims who may already be dealing with serious medical or personal circumstances.

The petition also contends that the State is shifting its administrative and medical responsibilities to the judiciary by making court intervention mandatory.

The PIL further raises concerns about the medical challenges involved in late-term pregnancy termination. According to the petition, procedures conducted beyond 24 weeks can sometimes result in the birth of a live premature child, requiring immediate specialised neonatal intensive care.

The petitioner has pointed to the shortage of Neonatal Intensive Care Unit (NICU) facilities in India and argued that the lack of adequate infrastructure creates further complications for doctors and patients.

The plea also highlights the legal risks faced by medical professionals. It refers to an FIR registered against a gynaecologist in Satara for carrying out an abortion pursuant to a court order.

According to the petition, doctors are being placed in a difficult position between judicial directions, medical ethics and the possibility of criminal prosecution.

The PIL has therefore sought quashing of the provision in the 2024 Government Resolution requiring court intervention in late-term abortion cases. It has also sought a clear standard operating procedure (SOP) for handling such pregnancies.

The petitioner has further sought directions for the Maharashtra government to bear the cost of intensive neonatal care if a child is born alive during a court-authorised termination procedure.

Dr Rajeev Joshi appeared in person. Government pleaders Neha S Bhide, OA Chandurkar and MM Pabale appeared for the State.