The Delhi High Court reversed its earlier decision permitting a woman to terminate her 29-week pregnancy, citing severe emotional distress following her husband’s death. Justice Subramonium Prasad, responding to the Central’s request, announced the recall of the order issued on 4th January.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Delhi High Court, led by Justice Subramonium Prasad, has retracted its earlier decision permitting a woman to terminate her 29-week pregnancy. This reversal follows an application by the Central Government, which challenged the initial ruling made on January 4.
The case involved a woman who had been grappling with severe trauma following the death of her husband. She sought the court’s permission for medical termination of her pregnancy, citing mental health concerns, including suicidal tendencies. The court had initially recognized her right to reproductive choice, which includes the decision not to procreate, and had allowed the termination, considering the potential impact on her mental health.
ALSO READ: Kerala Court Convicts 15 Persons in BJP Leader Ranjith Srinivasan Murder Case
The woman, who married in February of the previous year, discovered her pregnancy after returning to her parents’ house. Her husband’s death on October 19, 2023, had left her in a state of profound distress. A medical report from AIIMS indicated that she was experiencing a depressed mood, suicidal and foeticidal thoughts, and was provisionally diagnosed with depression related to the death of her spouse, with a differential diagnosis of adjustment disorder.
However, the Central Government’s application for recall highlighted the viability of the unborn child, arguing for the protection of the infant’s right to life. AIIMS also intervened, suggesting that the health outcomes for both the mother and the child would be more favorable if the pregnancy were extended to at least 34 weeks. They recommended continuing the pregnancy for a few more weeks for the betterment of both parties.
Subsequently, the court directed the woman to undergo further psychiatric evaluation and counseling at AIIMS on January 16, 17, and 18. AIIMS was also asked to submit a report on the physical and mental health of both the woman and the fetus.
ALSO READ: Calcutta High Court Upholds Press Freedom | Grants Anticipatory Bail to Journalist
This case echoes a previous Supreme Court order, where a decision allowing the termination of a 26-week pregnancy was recalled based on the medical board’s opinion. The Delhi High Court’s latest decision to recall its order reflects the complex interplay of legal, ethical, and medical considerations in cases involving late-term pregnancy termination. The case, continues to be a subject of significant legal and public interest, highlighting the challenges in balancing individual rights with broader ethical and medical concerns.
CASE TITLE:
R v. THE UNION OF INDIA THROUGH SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS.
