No Court Order Needed For 24-Week Termination, Says Madhya Pradesh High Court

• The Madhya Pradesh High Court has clarified that no court order is needed for termination of pregnancy up to 24 weeks, as per Sections 3(2)(a) and 3(2)(b) of the Medical Termination of Pregnancy Act.
• The ruling relied on an earlier judgment by a Division Bench of the same court, which held that judicial proceedings are not necessary when a pregnancy exceeds 20 weeks but does not exceed 24 weeks.
• Hospitals and medical facilities in Madhya Pradesh must ensure compliance with existing regulations governing MTP.

In view of aforementioned legal provisions, this Court is of the considered opinion that in case of survivors of sexual assault or rape or incest, the pregnancy upto 20 weeks may be terminated by a registered medical practitioner and where the pregnancy exceeds 20 weeks but does not exceed 24 weeks, by two registered medical practitioners in accordance with the provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971 and rules framed thereunder without taking resort to judicial proceedings before the High Court under Article 226 of the Constitution of India.

The Madhya Pradesh High Court has clarified that no court order is required for termination of pregnancy up to 24 weeks, as per Sections 3(2)(a) and 3(2)(b) of the Medical Termination of Pregnancy Act. This ruling may have significant implications for hospitals and medical facilities in the state, which must ensure compliance with existing regulations. The court's decision was based on an earlier judgment by a Division Bench of the same court, which held that judicial proceedings are not necessary when a pregnancy exceeds 20 weeks but does not exceed 24 weeks. In such cases, termination can be carried out by two registered medical practitioners in accordance with the provisions of Section 3 of the MTP Act and rules framed thereunder.

The court's ruling relied on the Medical Termination of Pregnancy Act, 1971, which permits termination without judicial intervention for pregnancies exceeding 20 weeks but not exceeding 24 weeks. Specifically, Sections 3(2)(a) and 3(2)(b) of the MTP Act allow registered medical practitioners to terminate such pregnancies in accordance with the provisions of Section 3 and rules framed thereunder. Additionally, Rule 6(3) of the Protection of Children from Sexual Offences Rules, 2020, requires medical practitioners, hospitals, or other medical facilities to provide emergency care without demanding legal or magisterial requisitions. The court's decision is in line with these provisions and aims to ensure that victims of sexual assault or rape receive timely medical attention.

The Madhya Pradesh High Court's ruling may require hospitals and medical facilities in the state to review their procedures for terminating pregnancies. The court directed the Health Department to inform hospitals about the decision and asked the Commissioner, Health Department, to communicate the order to all concerned hospitals, particularly government hospitals. This move aims to ensure that hospitals are aware of the legal provisions governing MTP and can provide timely medical attention to victims without requiring judicial intervention.

Lawyers should note that the Madhya Pradesh High Court has clarified that no court order is needed for termination of pregnancy up to 24 weeks, as per Sections 3(2)(a) and 3(2)(b) of the MTP Act. This ruling may impact compliance with existing regulations in hospitals and medical facilities.

Source: Original reporting via Madhya Pradesh High Court