The Delhi High Court, on a recent development, has reversed its previous ruling that permitted a woman, who tragically lost her husband in October last year, to undergo a termination of her 29-week pregnancy.
Justice Subramonium Prasad, who presided over the case, made this decision following a plea filed by the Centre on January 4. The plea sought a recall of the earlier order, emphasizing that the unborn child had a fair chance of survival, and the court should prioritize protecting the right to life of the unborn infant.
The central government argued in its application that terminating the pregnancy would require doctors to perform foeticide, and failing to do so could lead to preterm delivery with significant complications.
The All India Institute of Medical Sciences (AIIMS), where the woman underwent a medical examination, recommended that the pregnancy be continued for an additional two to three weeks for the better health of both the mother and the child.
AIIMS asserted that, according to the Medical Termination of Pregnancy (MTP) Act, terminating pregnancies beyond 24 weeks should only be considered for foetuses with significant abnormalities. In this case, they stated that foeticide was neither justified nor ethical as the foetus exhibited no gross abnormalities.
The initial ruling on January 4 had permitted the widow, who was grappling with depression, to terminate her 29-week pregnancy. The court noted that continuing the pregnancy could adversely affect her mental health and emphasized the right to reproductive choice, including the right not to procreate.
The high court pointed out the change in the woman's marital status, having lost her husband on October 19, 2023, and discovering her pregnancy on October 31, 2023. It acknowledged her precarious mental state, citing suicidal tendencies, and justified the permission for termination.
The woman, married in February 2023, decided to terminate her pregnancy in December due to extreme trauma following her husband's demise. However, her request was denied as it surpassed the 24-week limit for legal abortion. Seeking court intervention, a medical board was formed to evaluate her health condition.
AIIMS, in its report, provisionally diagnosed the woman with depression related to her spouse's death, along with an adjustment disorder. It emphasized that, at present, it couldn't definitively determine whether continuing the pregnancy would be detrimental to her mental health.
Rule 3(B) of the Medical Termination of Pregnancy (MTP) Rules allows a woman to terminate her pregnancy up to 24 weeks under specific conditions. The court's decision highlights the delicate balance between reproductive rights and the protection of the unborn child's life.
(With Agency Inputs)
