Medical Dialogues
  • Dermatology
Login Register
This site is intended for healthcare professionals only
Login Register
  • MD Brand Connect
  • Vaccine Hub
  • MDTV
    • Breaking News
    • Medical News Today
    • Health News Today
    • Latest
    • Journal Club
    • Medico Legal Update
    • Latest Webinars
    • MD Shorts
    • Health Dialogues
  • Fact Check
  • Health Dialogues
Medical Dialogues
  • Medical News & Guidelines
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • Health news
      • Doctor News
      • Government Policies
      • Hospital & Diagnostics
      • International Health News
      • Medical Organization News
      • Medico Legal News
      • NBE News
      • NMC News
  • Fact Check
      • Bone Health Fact Check
      • Brain Health Fact Check
      • Cancer Related Fact Check
      • Child Care Fact Check
      • Dental and oral health fact check
      • Diabetes and metabolic health fact check
      • Diet and Nutrition Fact Check
      • Eye and ENT Care Fact Check
      • Fitness fact check
      • Gut health fact check
      • Heart health fact check
      • Kidney health fact check
      • Medical education fact check
      • Men's health fact check
      • Respiratory fact check
      • Skin and hair care fact check
      • Vaccine and Immunization fact check
      • Women's health fact check
  • AYUSH
    • Ayurveda
    • Homeopathy
    • Siddha
    • Unani
    • Yoga
  • State News
      • Andaman and Nicobar Islands
      • Andhra Pradesh
      • Arunachal Pradesh
      • Assam
      • Bihar
      • Chandigarh
      • Chattisgarh
      • Dadra and Nagar Haveli
      • Daman and Diu
      • Delhi
      • Goa
      • Gujarat
      • Haryana
      • Himachal Pradesh
      • Jammu & Kashmir
      • Jharkhand
      • Karnataka
      • Kerala
      • Ladakh
      • Lakshadweep
      • Madhya Pradesh
      • Maharashtra
      • Manipur
      • Meghalaya
      • Mizoram
      • Nagaland
      • Odisha
      • Puducherry
      • Punjab
      • Rajasthan
      • Sikkim
      • Tamil Nadu
      • Telangana
      • Tripura
      • Uttar Pradesh
      • Uttrakhand
      • West Bengal
  • Medical Education
      • Ayush Education News
      • Dentistry Education News
      • Medical Admission News
      • Medical Colleges News
      • Medical Courses News
      • Medical Universities News
      • Nursing education News
      • Paramedical Education News
      • Study Abroad
  • Industry
      • Health Investment News
      • Health Startup News
      • Medical Devices News
      • Pharma News
      • Pharmacy Education News
      • Industry Perspective
  • MDTV
      • Health Dialogues MDTV
      • Health News today MDTV
      • Latest Videos MDTV
      • Latest Webinars MDTV
      • MD shorts MDTV
      • Medical News Today MDTV
      • Medico Legal Update MDTV
      • Top Videos MDTV
      • Health Perspectives MDTV
      • Journal Club MDTV
      • Medical Dialogues Show
This site is intended for healthcare professionals only
LoginRegister
Medical Dialogues
LoginRegister
  • Home
  • Medical news & Guidelines
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Health news
    • Doctor News
    • Government Policies
    • Hospital & Diagnostics
    • International Health News
    • Medical Organization News
    • Medico Legal News
    • NBE News
    • NMC News
  • Fact Check
    • Bone Health Fact Check
    • Brain Health Fact Check
    • Cancer Related Fact Check
    • Child Care Fact Check
    • Dental and oral health fact check
    • Diabetes and metabolic health fact check
    • Diet and Nutrition Fact Check
    • Eye and ENT Care Fact Check
    • Fitness fact check
    • Gut health fact check
    • Heart health fact check
    • Kidney health fact check
    • Medical education fact check
    • Men's health fact check
    • Respiratory fact check
    • Skin and hair care fact check
    • Vaccine and Immunization fact check
    • Women's health fact check
  • AYUSH
    • Ayurveda
      • Ayurveda Giuidelines
      • Ayurveda News
    • Homeopathy
      • Homeopathy Guidelines
      • Homeopathy News
    • Siddha
      • Siddha Guidelines
      • Siddha News
    • Unani
      • Unani Guidelines
      • Unani News
    • Yoga
      • Yoga Guidelines
      • Yoga News
  • State News
    • Andaman and Nicobar Islands
    • Andhra Pradesh
    • Arunachal Pradesh
    • Assam
    • Bihar
    • Chandigarh
    • Chattisgarh
    • Dadra and Nagar Haveli
    • Daman and Diu
    • Delhi
    • Goa
    • Gujarat
    • Haryana
    • Himachal Pradesh
    • Jammu & Kashmir
    • Jharkhand
    • Karnataka
    • Kerala
    • Ladakh
    • Lakshadweep
    • Madhya Pradesh
    • Maharashtra
    • Manipur
    • Meghalaya
    • Mizoram
    • Nagaland
    • Odisha
    • Puducherry
    • Punjab
    • Rajasthan
    • Sikkim
    • Tamil Nadu
    • Telangana
    • Tripura
    • Uttar Pradesh
    • Uttrakhand
    • West Bengal
  • Medical Education
    • Ayush Education News
    • Dentistry Education News
    • Medical Admission News
    • Medical Colleges News
    • Medical Courses News
    • Medical Universities News
    • Nursing education News
    • Paramedical Education News
    • Study Abroad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
      • CDSCO (Central Drugs Standard Control Organisation) News
    • Pharmacy Education News
    • Industry Perspective
  • Home
  • News
  • Health news
  • Formulate SOP for...

Formulate SOP for medical termination of pregnancy beyond 24 weeks: Bombay HC tells Maha Govt

Adity SahaWritten by Adity Saha Published On 2024-04-12T13:45:30+05:30  |  Updated On 12 April 2024 2:07 PM IST
Kerala HC allows termination of womans 32-week pregnancy after medical board opines severe neurological abnormalities
  • facebook
  • twitter
  • linkedin
  • whatsapp
  • Telegram
  • Email

“There is no such requirement of seeking any permission from the Court by any woman who intends to get her pregnancy terminated even if the pregnancy is beyond twenty-four weeks. All what was required to be done, in such a situation, was that the woman ought to have been referred to the Medical Board”, the bench observed.

Mumbai: While hearing a plea of a woman seeking termination of her 32-week pregnancy due to abnormalities in the foetus, the Nagpur bench of the Bombay High Court directed the Maharashtra government to formulate a Standard Operating Procedure (SOP) at all state-run government hospitals and medical colleges within two months for handling cases related to the termination of pregnancy beyond 24 weeks.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Nitin Sambre in its order of April 5 noted that the amended Medical Termination of Pregnancy (MTP) Act permits termination of pregnancy beyond 24 weeks in cases of severe abnormalities in the foetus.

Under the amended provisions of the Act, the state government is required to constitute medical boards in each district which has the power and discretion to allow or deny termination of pregnancy beyond 24 weeks of gestation period.

Also read- Unmarried Women Cannot Be Denied Right To Pregnancy Termination: Punjab And Haryana HC Directs Re-Examining Of Terminating Of 26-Week Pregnancy

“There is no such requirement of seeking any permission from the Court by any woman who intends to get her pregnancy terminated even if the pregnancy is beyond twenty-four weeks. All what was required to be done, in such a situation, was that the woman ought to have been referred to the Medical Board”, the bench observed.

The bench was hearing a petition filed by a woman seeking termination of her 32-week pregnancy due to abnormalities in the foetus. As per the plea, the general hospital in Wardha informed the woman about the fetal abnormalities during her 24th-week scan, reported by PTI.

Given that the pregnancy had exceeded twenty-four weeks, the court on April 3, 2024, directed the Civil Surgeon to conduct a medical examination and submit a report. The Medical Board at the General Hospital, Wardha, comprising nine doctors and one matron, conducted the examination and forwarded its report, confirming the abnormalities in the fetus.

As per the report of the Medical Board, the continuation of the petitioner's pregnancy would involve grave injury not only to her physical but mental health as well and significant morbidity to her child, if born. The Medical Board, thus has recommended that the pregnancy should be terminated.

The Medical Termination of Pregnancy Act, 1971 (for short, the MTP Act, 1971) as amended vide Act 8 of 2021 with effect from 24.09.2021, makes provisions for the termination of pregnancy by a registered medical practitioner. Section 3(2) provides that a pregnancy may be terminated by a registered medical practitioner where the length of pregnancy does not exceed 20 weeks and where the length of pregnancy is between 20 and 24 weeks; by two registered practitioners. The pregnancy can be terminated if, in the opinion of the registered medical practitioners, the continuance of the pregnancy would involve risk to the life of the pregnant woman or grave injury to her physical or mental health; or there is a substantial risk to the child if born.

However, sub-section (2-B) of Section 3 carves out an exception to the provisions of sub-section (2), according to which, sub-section (2) of Section 3 will have no application to termination of pregnancy where such termination is necessitated by the diagnosis of any of the substantial foetal abnormalities diagnosed by the Medical Board.

The court also noted that despite the provision of the Medical Termination of Pregnancy Act, 1971, and the Medical Termination of Pregnancy Rules, 2003, which mandate referral to a Medical Board in such cases, the petitioner was incorrectly directed to seek court permission for termination.

Consequently, the court directed the Department of Public Health and the Department of Medical Education and Drugs of the State of Maharashtra to formulate an SOP, to be prepared by experts in the field at all government hospitals and medical colleges in the state to prevent the need for court intervention in such matters.

"We expect that this Standard Operating Procedure, to be prepared by experts in the field, shall be formulated and notified by the State Government within a period of two months," the court said, posting the matter for further hearing on June 12.

Further, considering the financial condition of the petitioner, the court directed the management of the General Hospital, Wardha to carry the entire expenses of the hospitalization, procedure, medicines, etc of the petitioner.

"The learned Government Pleader is requested to not only apprise the authorities concerned about this order but also to use his good offices to ensure that workable Standard Operating Procedure is put in place and implemented so that no one needs to travel to this Court for seeking any permission for termination of pregnancy, if the woman is entitled to do so under the provisions of the MTP Act, 1971 and MTP Rules, 2003," observed the bench.

Further, the bench adds, "For further continuation of the proceeding of this petition, the office is directed to register this petition as a separate Public Interest Litigation. We further direct the office to implead Additional Chief Secretary/Principal Secretary, Department of Public Health as well as the Medical Education and Drugs Department, State of Maharashtra as party respondents to the said Public Interest Litigation."

Also read- Only Gynaecologists Can Examine Sexual Assault Survivors: Kerala HC Order

Bombay HCBombay High CourtMTPMaharashtra governmenttermination of pregnancy
Adity Saha
Adity Saha

    MA in Journalism and Mass Communication

    Exploring and learning something new has always been her motto. Adity is currently working as a correspondent and joined Medical Dialogues in 2022. She completed her Bachelor’s degree in Journalism and Mass Communication from Calcutta University, West Bengal, in 2021 and her Master's in the same subject in 2025. She mainly covers the latest health news, doctors' news, hospital and medical college news. She can be contacted at editorial@medicaldialogues.in

    Show Full Article
    Next Story

    Editorial

    Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer - Dr Aditya Murali

    Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer...

    Aspirin in Primary Prevention- When to Consider?

    Aspirin in Primary Prevention- When to Consider?

    Featured image representing medico legal

    What's the Role of Expert Opinion in Medical Negligence?

    7- Point Discharge Protocol for AECOPD: Time to Inculcate in Practice

    7- Point Discharge Protocol for AECOPD: Time to Inculcate in Practice

    Aspirin Use in Women Aged 40-50 with Diabetes and Hypertension: Identifying the Ideal Candidates

    Aspirin Use in Women Aged 40-50 with Diabetes and Hypertension: Identifying the Ideal Candidates

    View All

    Journal Club Today

    Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer - Dr Aditya Murali

    Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer...

    View All

    Health News Today

    Health Bulletin 09/ May/ 2025

    Health Bulletin 09/ May/ 2025

    View All
    © 2022 All Rights Reserved.
    Powered By: Hocalwire
    X
    We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok