The Bombay High Court directed the doctors to examine a 25-week pregnant woman and admit her for abortion. A medical practitioner and a couple from Bhayander had filed a petition in the court against present rule on abortion.

According to the Medical Termination of Pregnancy Act , the abortion can not be done after the 20th week of pregnancy. The couple had found that their unborn child have some congenital heart problems which would make the baby mentally and physically retarded. The doctors declined to carry out abortions invoking laws. The couple, then, moved to the court and seeks relief.

The Medical Termination of Pregnancy Act was framed in 1971 to prevent female feticide. Pregnancy act bans abortion after 20 weeks of pregnancy. It is the time when sex of the foetus can be determined. The act set up provisions of 2 to 7 year punishment in case of dereliction. The court gave the decision on the basis of Article 21 of the Constitution which ensures fundamental right of life. A division bench of justices J N Patel and K K Tate gave this extra judicial decision as the matter was linked with life of mother and baby.