No Ground Beyond 24 Weeks: Rajasthan High Court Declines Termination of 28-Week Pregnancy, Orders Free Care and Compensation

The petitioner, whose pregnancy is alleged to have resulted from rape (an FIR having been registered under Section 64(1) of the Bharatiya Nyaya Sanhita), sought termination of her pregnancy under the MTP Act (paras 1-3). A Medical Board's report of 18 October 2026 put the pregnancy at about 26 weeks and 5 days, recorded moderate anaemia and said termination could not be undertaken (para 2). On the Court's direction, a Board opinion of 3 November 2026 put it at 28 weeks and 2 days. The Board found the foetus viable, said termination now carried high risk to her, and said continuing the pregnancy would give a better outcome for mother and newborn (paras 4-6).

The Court read Section 3(2) of the MTP Act as allowing termination in two bands, up to 20 weeks and from 20 to 24 weeks; a pregnancy past 24 weeks falls outside it (para 6.1). Section 3(2B) lifts the length limit only where termination is necessitated by substantial foetal abnormalities diagnosed by a Medical Board (para 6.1). Section 5(1) dispenses with the limit where a registered medical practitioner forms the opinion in good faith that termination is immediately necessary to save the woman's life (para 6.2). Rule 3A of the MTP Rules lets the Board allow or deny termination beyond 24 weeks only after ensuring the procedure is safe for the woman and considering the risk of foetal malformation (para 6.3). Reading these together, termination beyond 24 weeks needs either a diagnosed substantial foetal abnormality with a safe procedure, or an immediate necessity to save her life (para 6.4). Here the Board found a viable foetus at 28 weeks and 2 days and a high risk to her from termination, including postpartum haemorrhage linked to anaemia and a higher chance of caesarean delivery. Her case therefore fell under neither exception (para 7).