MTP Act's 24-week limit not absolute; High Court allows termination for woman's mental well-being

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Published 26 October 2026

Case: Ms. P v. Union of India & Ors.
Court: High Court of Delhi
Bench: Justice Subramonium Prasad
Citation: 2024 LiveLaw (Del) 710
Decided: 3 June 2024
Statutes: Medical Termination of Pregnancy Act, 1971 — s.3
Medical Termination of Pregnancy Rules, 2003 — s.3B
Constitution of India — s.21
Source: LiveLaw

Bottom Line Up Front (BLUF)

In Ms. P v. Union of India & Ors., 2024 LiveLaw (Del) 710, the Delhi High Court, on June 3, 2024, allowed a woman to terminate her 28-week pregnancy, holding that the Medical Termination of Pregnancy Act's 24-week limit is not absolute and must consider the woman's mental well-being and reproductive autonomy under Article 21.

Ratio Decidendi · Legal Principle Established

The 24-week gestational limit under the Medical Termination of Pregnancy Act, 1971, and the Medical Termination of Pregnancy Rules, 2003, is not an absolute bar to abortion. Courts must consider the woman's physical and mental health, her reproductive autonomy, and her right to make choices about her body, especially when continuing the pregnancy would cause grave injury to her mental well-being, even if the foetus is viable.

Practice & Procedural Impact for Advocates

Advocates should emphasize the woman's mental health and reproductive autonomy when seeking MTP beyond the 24-week limit. Litigants should present medical evidence demonstrating the grave injury to mental well-being if the pregnancy continues. Courts may direct the formation of a medical board to assess the woman's condition and the foetal viability.

Key Legal Takeaways

1The 24-week MTP limit is not absolute and can be overridden by a woman's right to mental well-being.
2Courts must balance foetal viability with the woman's reproductive autonomy and Article 21 rights.
3Medical boards play a crucial role in assessing the risks and making recommendations for late-term abortions.

The Legal Issue The Delhi High Court addressed whether a woman could terminate her pregnancy beyond the 24-week gestational limit prescribed by Section 3 of the Medical Termination of Pregnancy Act, 1971, and Rule 3B of the Medical Termination of Pregnancy Rules, 2003. The petitioner, a 28-year-old married woman, sought to terminate her 28-week pregnancy, citing severe mental distress and the potential for grave injury to her mental health if compelled to continue the pregnancy. The core legal question was the interpretation of the 24-week limit in light of a woman's fundamental right to reproductive autonomy and mental well-being under Article 21 of the Constitution of India.

Court's Reasoning Justice Subramonium Prasad, after considering the report of a medical board constituted by the All India Institute of Medical Sciences (AIIMS), observed that while the foetus was viable, the woman's mental health was significantly impacted. The Court emphasized that the 24-week limit is not an absolute bar and must be read in conjunction with a woman's right to make choices about her body and her mental well-being. The Court referred to previous Supreme Court judgments that underscored the importance of reproductive autonomy. It held that forcing the woman to continue the pregnancy would cause grave injury to her mental health, thereby infringing upon her fundamental rights. The Court balanced the interest of the viable foetus with the woman's right to life and personal liberty, concluding that the latter must prevail in this specific circumstance.

What Follows The Delhi High Court allowed the petitioner to undergo the medical termination of her pregnancy. The Court directed AIIMS to proceed with the termination immediately, ensuring that all necessary medical procedures and precautions are taken. The order also stipulated that if the foetus is born alive, AIIMS must provide all necessary medical assistance to ensure its survival. The Court reiterated that such decisions are to be made on a case-by-case basis, considering the specific facts and medical reports.