Read Time: 05 minutes

Synopsis

The Delhi High Court, recently, allowed the termination of a 29-week-old pregnancy noting that the right to reproductive choice also includes the right not to procreate. The court made these submissions in a petition filed by a woman whose husband had recently passed away. 

On December 22, 2023, the court directed AIIMS to establish a medical board to assess the health condition of a woman seeking medical termination of pregnancy. The board was instructed to provide a detailed report on whether the petitioner was physically capable of undergoing the procedure.  

In compliance with the court's order, a medical board at AIIMS examined the woman and submitted a report on December 23, 2023. the report stated that the fetus was 29 weeks by gestational age. The medical board recommended against terminating the pregnancy, citing clause 3b(c) of the Medical Termination of Pregnancy (MTP) rules, 2003, which restricts termination to pregnancies of up to 24 weeks.  

The matter was heard again on December 27, 2023. During the hearing, it was highlighted that the woman has been experiencing severe emotional distress following the recent death of her husband. The court was informed that a psychiatric evaluation of the woman was necessary to assess her mental health. consequently, the medical superintendent of AIIMS was requested to conduct the psychiatric evaluation and submit a report.  

The court considered the psychiatric evaluation report prepared by AIIMS, which revealed that the woman was experiencing immense trauma and exhibiting suicidal tendencies. the report highlighted that the woman was at risk of losing her mental stability and could harm herself due to her condition. the loss of her husband had profoundly impacted her mental well-being, prompting the court to prioritize her mental health and stability.

Referring to the Supreme Court's Decision in X v Principal Secretary, the court emphasized that every woman has the prerogative to assess her circumstances and determine the best course of action for her life. it further underlined that the right to reproductive choice 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 because allowing the Petitioner to continue with the pregnancy can impair the mental stability of the Petitioner as she is showing suicidal tendencies”, the order stated. The court, therefore, allowed the woman to undergo termination of pregnancy. 

For Petitioner: Advocates Amit Mishra and Amit Rana
For Respondent: Standing Counsel Bhagvan Swarup Shukla, Additional Standing Counsel Mehak Nakra with Advocates Sarvan Kumar, Abhishek Khari and Disha Chaudhry
Case Title: R v Union Of India (W.P.(C) 16751/2023)