Court rejects plea seeking abortion: 'Judicial conscience doesn't permit us'

The bench of Justices Ajay Gadkari and Neela Gokhale were hearing the plea filed by a woman

The Bombay High Court refused to allow a woman to undergo medical termination of her pregnancy after 26 weeks, citing "judicial conscience".

The bench of Justices Ajay Gadkari and Neela Gokhale were hearing the plea filed by a woman, seeking permission to terminate her 26-week pregnancy as she was in the midst of a divorce proceeding and had accidentally conceived the child from a married friend she was in love with.

"Our judicial conscience does not permit us to grant permission to the petitioner to medically terminate the pregnancy at this stage. Permission is accordingly denied," the bench said.

However, it said that if the woman wanted to hand over the child for adoption after delivery, the state would assume the responsibility of the child and take necessary steps to rehabilitate the child, including exercising the option of placing the child in foster care or adoption by following the legal process.

"This shall not, however, be construed as a direction of this Court binding the petitioner, and the state shall abide by the wishes as expressed by the petitioner at the appropriate stage," the court said.