No Court Permission Needed For 24-Week Pregnancy Termination Under MTP Act : MP HC

Indore: The Madhya Pradesh High Court, Indore Bench, has dismissed a writ petition filed by a minor seeking directions for termination of her pregnancy, holding that no judicial proceedings were required for the termination in view of Sections 3(2)(a) and 3(2)(b) of the Medical Termination of Pregnancy Act, 1971. 

Justice Sandeep N. Bhatt directed the concerned authorities to take note of the position and asked the Health Department to sensitise government hospitals accordingly.

The petitioner, described in the proceedings as X Minor, had approached the High Court against the State of Madhya Pradesh and others, with her pregnancy at the relevant time being about 24 weeks.

The Court referred to the observations of a Division Bench of the same High Court in In Reference (Suo Motu) v. State of Madhya Pradesh and Others, decided on 20th February, 2025 and reported at (2025) ILR (MP) 1226, specifically paragraphs 4, 5(b), 8, 9, 11 and 13(a) thereof. Applying that ruling, the Court held:

"...where the pregnancy of the victim is about 24 weeks, in view of section 3(2)(a) and 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, the judicial proceedings are not required."

The Court directed that the concerned respondent authority take note of this position, and further directed the Commissioner, Health Department, to communicate the Division Bench's order to all concerned hospitals, particularly government hospitals, so that the situation could be appropriately handled in future without requiring judicial intervention.

Holding that no intervention was called for in the matter in light of these directions, the High Court dismissed the writ petition.

Appearances

For the Petitioner: Ms. Shraddha Garg and Shri Ashish Choubey, Advocates

For the State: Shri Vijay Nagpal, Government Advocate

Case Title : X Minor v. State of Madhya Pradesh and Others, Writ Petition No. 32921 of 2026, 2026:MPHC-IND:22410