Delhi High Court Recalls Order Allowing Woman To Terminate 29 Weeks Pregnancy After Husband's Death

The Delhi High Court on Tuesday recalled its recent order allowing a woman to terminate her pregnancy of 29 weeks as she was suffering with extreme trauma after her husband's death.

“The order is recalled,” Justice Subramonium Prasad said while allowing an application moved by the Central Government seeking recall of the order passed on January 04.

Justice Prasad had allowed the woman to undergo medical termination of pregnancy observing that the right to reproductive choice includes the right not to procreate.

The court had 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.

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.

As per the medical report of AIIMS, 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.

After the order was passed, Central Government filed an application seeking recall of the order, saying that the child has a fair chance of survival and the court should consider protecting the right to life of the unborn infant.

AIIMS had also moved court submitting that the outcome will be much better if the child is delivered at 34 weeks of pregnancy or beyond. It also said that it is advisable that the pregnancy be continued for another two or three weeks for the betterment of the health of the mother and the minor.

Thereafter, the court had directed the woman to undergo further psychiatric evaluation and counselling at AIIMS on January 16, 17 and 18.

It had also and asked AIIMS to place a report indicating the physical and mental health of the woman as well as the foetus.

In its application, the Central Government referred to an order passed by the Supreme Court last year wherein its earlier order allowing termination of 26 weeks pregnancy was recalled in view of the opinion of medical board.

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

Citation: 2024 LiveLaw (Del) 83

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