'Right To Reproductive Choice Includes Right Not To Procreate': Delhi High Court Allows Woman To Terminate Pregnancy After Husband's Death

Observing that the right to reproductive choice includes the right not to procreate, the Delhi High Court yesterday allowed a woman to terminate her pregnancy of 29 weeks as she was suffering with extreme trauma after her husband's death.

Justice Subramonium Prasad said that the woman should be permitted to terminate her pregnancy because allowing her to continue with the same can impair her mental stability as she was showing suicidal tendencies.

“In view of the law laid down by the Apex Court in X vs. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and Another (supra) wherein it has held that 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 circumstance… and also in view of the fact that the right to reproductive choice also includes the right not to procreate, this Court is of the opinion that, at this juncture, the Petitioner should be permitted to terminate her pregnancy…,” the court said.

However, it clarified that the order has been passed in the peculiar facts and circumstances of the case and the same shall not be treated as a precedent.

The woman, who got married in February last year, filed the plea seeking medical termination of her pregnancy. Her husband died on October 19, 2023.

It was her case that she found about the pregnancy after she came back to her parents' house and decided to not continue with the same.

She submitted that she was suffering from extreme trauma due to the unfortunate demise of her husband. According, the Medical Superintendent of AIIMS Hospital was requested to get her Psychiatric evaluation done.

As per the medical report, the woman expressed depressed mood, suicidal foeticidal thoughts and was provisionally diagnosed as depression with problems related to death of spouse and a differential diagnosis of adjustment disorder.

Allowing the plea, the court said:

“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. Condition of the Petitioner can result in the Petitioner loosing her mental balance and she can harm herself in the process.”

The court allowed the woman to undergo the procedure for termination of her pregnancy at AIIMS and also requested the hospital to conduct the procedure even though she has crossed her gestation period of 24 weeks.

Title: R v. THE UNION OF INDIA THROUGH SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS.

Citation: 2024 LiveLaw (Del) 14