The Delhi High Court, on Tuesday, reversed its earlier decision permitting a widow to undergo a medical termination of her 29-week pregnancy. This reconsideration followed the central government’s application, asserting the right to life for the unborn fetus.
The woman, grappling with mental trauma after her husband’s death in October 2023, had initially been granted permission on January 4 this year. Justice Subramonium Prasad recalled the order after reviewing the government’s plea.
The AIIMS, however, had not recommended pregnancy termination due to the advanced stage. The central government requested a review, citing the unborn child’s right to life.
Justice Prasad had earlier emphasized the petitioner’s change in marital status and the extreme trauma she was experiencing. The psychiatric evaluation from AIIMS indicated her susceptibility to losing mental balance and causing harm to herself.
Despite the AIIMS recommendation against termination, the court, in its initial decision, concluded that continuing the pregnancy could impair the petitioner’s mental stability, given her suicidal tendencies.
In the revised decision, the court reaffirmed the petitioner’s right to undergo the termination procedure at AIIMS, even though she had surpassed the gestation period of 24 weeks. The judgment referred to legal precedent, highlighting a woman’s prerogative to assess her life and make reproductive choices.
The court clarified that this decision pertains to the unique circumstances of the case and should not be considered a precedent.
The petitioner’s counsel, Dr. Amit Mishra, argued that the petitioner left the hospital due to pressure from doctors to continue the pregnancy, considering it an intrusion on her privacy.
The court acknowledged the Supreme Court’s stance allowing termination at this stage, emphasizing the altered circumstances of the petitioner’s mental state. Earlier, a vacation bench had sought a psychiatric evaluation from AIIMS, revealing severe depression and suicidal ideation. The subsequent report recommended admission for the petitioner, considering the risks to herself and the fetus. The high court, on Saturday, had called for AIIMS’ opinion on the potential harm to the petitioner’s health if the pregnancy continued.
The Department of Psychiatry filed a report, confirming severe depression and suicidal thoughts, leading to the petitioner’s admission to the AIIMS Hospital’s psychiatry ward.
Previously, the court had directed AIIMS to assess the petitioner’s condition, considering her mental trauma and pregnancy-related challenges. The medical board’s recommendation did not support termination, prompting the central government’s plea for reconsideration.