The Bombay High Court has directed the Maharashtra government to widely publicise a landmark Supreme Court judgment confirming that unmarried women have the right to seek medical termination of pregnancy (MTP) up to 24 weeks of gestation under the Medical Termination of Pregnancy Act, 1971 (MTP Act). This direction arose while hearing a petition filed by a 26-year-old unmarried woman seeking permission to terminate her pregnancy at 22 weeks, challenging the legal provisions that appeared to exclude unmarried women from late-term abortion rights.
The petitioner approached the Bombay High Court, seeking a writ petition under Article 226 of the Constitution, challenging Section 3(2)(b) of the MTP Act, 2021, which lists categories of women eligible for termination of pregnancy between 20 and 24 weeks. She contended that the exclusion of unmarried women from that list violated her constitutional rights, including the right to equality (Article 14) and dignity since it restricted her access to legal abortion services despite being in a consensual relationship.
The High Court noted that the issue had already been settled by the Supreme Court in the case of X v. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi, a 2022 decision which held that unmarried women who conceive out of consensual relationships are entitled to obtain abortion up to 24 weeks, and that the exclusion of such women from the MTP rules was unconstitutional.
In X v. Principal Secretary, the Supreme Court ruled on 29 September 2022 that the distinction between married and unmarried women in the MTP Rules was artificial and discriminatory, violating Article 14 of the Constitution. The Court held that an unmarried woman’s right to safe and legal abortion up to 24 weeks of gestation arises from the reproductive autonomy, dignity, and privacy guaranteed under the Constitution, and cannot be conditioned on marital status.
Under the MTP Act and Rules, termination of pregnancy beyond 20 weeks generally requires the approval of a medical board and is permitted in specific circumstances, such as rape survivors, minors, or cases of fetal abnormalities. The Supreme Court’s interpretation clarified that unmarried women are included among those entitled to seek abortion services up to 24 weeks.
During the hearing on 29 January 2026, a division bench of Justices Bharati Dangre and Manjusha Deshpande emphasised that authorities responsible for implementing the MTP Act and Rules must ensure that the Supreme Court’s decision is widely circulated among government health departments, hospitals, and medical practitioners so that women do not have to approach the courts merely to exercise their legal rights. The bench noted that all authorities are duty-bound under Article 144 of the Constitution to act in aid of the Supreme Court and implement its rulings.
The High Court disposed of the petitioner’s writ petition with a reminder that the Supreme Court’s decision already provides the legal basis for unmarried women’s access to abortion up to 24 weeks and that awareness of this ruling must be enhanced among stakeholders involved in administering abortion services.
Under the current legal framework in India:
Abortions are legally permitted up to 20 weeks of gestation based on the recommendation of one Registered Medical Practitioner (RMP).
Termination up to 24 weeks requires the opinion of a medical board in specific categories, which now include unmarried women after the Supreme Court’s ruling.
Beyond 24 weeks, abortion is permitted only in exceptional cases such as fetal anomalies incompatible with life or other serious health risks, following approval by a medical board and judicial review when necessary.
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