Delhi HC Recalls Order Allowing Widow To Terminate Her 29-Weeks Pregnancy

The Delhi High Court on Tuesday has recalled it’s order permitting a widow to medically terminate her 29-week pregnancy after considering the application moved by the central government.

The woman is stated to be suffering from mental trauma due to the death of her husband in October 2023. She got married in February.

Justice Subramonium Prasad recalled the January 4 (this year) order that allowed the termination of pregnancy.

The court allowed the petition after considering the submissions and psychiatric evaluation report of the petitioner.

However, the AIIMS had not recommended to terminate the pregnancy in view of the pregnancy period.

An application was moved by the central government for reconsideration of order in view of the right to life to the unborn foetus.

Earlier, Justice Prasad stated, “There is a change in the martial status of the petitioner. The petitioner has become a widow. The psychiatric evaluation report of the AIIMS indicates that the petitioner is suffering from extreme trauma due to the death of her husband.”

He stated that the condition of the petitioner can result in the petitioner losing her mental balance, and she can harm herself in the process.

Justice Prasad stated, “This court is of the opinion that, at this juncture, the petitioner should be permitted to terminate her pregnancy because allowing the petitioner to continue with the pregnancy can impair the mental stability of the petitioner as she is showing suicidal tendencies.”

The bench stated in the judgement, “Accordingly, the petitioner is permitted to undergo the procedure for termination of her pregnancy at AIIMS. AIIMS is requested to conduct the procedure even though the petitioner has crossed her gestation period of 24 weeks.”

While passing the judgement, the bench referred to the law laid down by the top Court in X vs. Principal Secretary, Health and Family Welfare Department, Government of the National Capital Territory of Delhi and Another, wherein it has held that it is the prerogative of each women to evaluate her life and arrive at the best course of action in view of the change in material circumstances and also in view of the fact that the right to reproductive choice also includes the right not to procreate.

However, the high court has made it clear that this order has been passed in the peculiar facts & circumstances of the current case and the same be not treated as a precedent.

Her counsel, Dr. Amit Mishra, submitted before the court that she was admitted to the hospital, but she left as the doctors were persuading her to continue with the pregnancy.

Dr. Mishra submitted that forcing her to continue the pregnancy is an attack on her privacy.

The bench observed that the apex court judgement allowed termination even at this stage. The petitioner’s mental status has now changed the circumstances.

Previously, on Saturday, the vacation bench of Delhi High Court called from the Department of Psychiatry of the AIIMS Hospital as to whether, in her state of severe depression with suicidal ideation, it would be detrimental to her health if this pregnancy is permitted to be continued for its full term.

After considering the psychiatric evaluation report from AIIMS, vacation judge Neena Krishna Bansal ordered a further psychiatric evaluation report.

The Department of Psychiatry of the AIIMS Hospital filed a report stating that the petitioner was evaluated on December 28, 2023.

However, the report stated that she was found to be suffering from severe depression with suicidal ideation.

In view of the risk to self and other (foetus), the patient and family were advised admission, to which they agreed. The bench noted, the patient is admitted in psychiatry ward in AIIMS Hospital.

Earlier, the high court directed AIIMS to conduct a psychiatric evaluation of a 23-year-old widow who sought permission for the medical termination of her pregnancy.

The medical board had not recommended a medical termination of pregnancy.

Before issuing direction, the bench heard the submission of Advocate Dr. Amit Mishra, counsel for the petitioner.
He submitted before the court that she is facing mental trauma due to the pregnancy. There are judgements that allow the termination of a pregnancy at an advanced stage.

He had also submitted that the petitioner is facing mental & physical trauma. She isn’t even able to take a meal. The 23-year-old woman approached the court earlier, and it is stated that her husband died on October 9, 2023.

On December 22, 2023, the bench asked the AIIMS to constitute a medical board and to examine the petitioner. The bench directed to give a report as to whether the petitioner is in a condition to undergo the procedure for termination of pregnancy.