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2026 Supreme(Online)(SC) 281

SUPREME COURT OF INDIA
B.V. NAGARATHNA, UJJAL BHUYAN, JJ
A (MOTHER OF X) – Appellant
Versus
STATE OF MAHARASHTRA & ORS. – Respondent
CIVIL APPEAL NO . OF 202 6 | SLP (C) NO.4774 OF 2026



Advocates:
For the Appellants/Petitioners: Mr. Shantanu M. Adkar, Adv., Mr. Ashley Cusher, Adv., Mr. Mohit Kumar Singh, Adv., Ms. Shambhavi Kanade, Adv., Ms. Amita Sachdeva, AOR
For the Respondents: Ms. Devanshi Singh, Adv., Mr. Siddharth Dharmadhikari, Adv., Mr. Aaditya Aniruddha Pande, AOR, Mr. Shrirang B. Varma, Adv., Ms. Arunima Das, Adv.

The Supreme Court upheld the right of a minor to undergo medical termination of pregnancy, emphasizing procedural and medical safeguards.

Headnote:In this case, the Supreme Court considered the appeal against the order of the High Court of Judicature at Bombay, which denied permission for medical termination of pregnancy to the appellant's daughter. The Court allowed the appeal, citing the urgency and necessity of the medical procedure while ensuring all medical safeguards are adhered to. The final ruling allows the appellant's daughter to undergo medical termination of pregnancy, with a written undertaking required from the appellant, as per the judgment delivered on February 6, 2026.

OPERATIVE ORDER OF THE JUDGMENT

Leave granted.

We allow this appeal and set aside the order dated 27.01.2026 passed by the High Court of Judicature at Bombay in Writ Petition (L) No.2388 of 2026.

We direct that the appellant’s daughter is permitted to undergo medical termination of pregnancy.

It is needless to observe that the appellant herein shall give a written undertaking consenting to the medical termination of pregnancy of her daughter.

The appellant’s daughter is presently at J.J. Group of Hospitals, Mumbai. We direct the J.J.Group of Hospitals, Mumbai to conduct the procedure of Medical termination of pregnancy of the daughter of the appellant herein by bearing in mind all medical safeguards.

Since there is a grave urgency expressed in the matter, we shall release the operative portion of the order today itself.

We direct the Registry of this Court to release the operative portion of the order during the course of the day.

ORDER

OPERATIVE PORTION OF THE JUDGMENT:

Leave granted.

Appeal is allowed and disposed of in terms of the signed order, which is placed on file.

Pending application(s), if any, shall stand disposed of.

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