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Synopsis

The Delhi High Court on Thursday allowed a widow to terminate her 29-week pregnancy, citing "immense trauma" and "suicidal tendencies" following the death of her husband.

The bench of Justice Subramonium Prasad has directed the All India Institute of Medical Sciences (AIIMS) to conduct the procedure, despite the woman exceeding the usual 24-week limit set for termination of pregnancy.

The rules in India specify a maximum of 24 weeks of gestation for pregnancy termination, particularly for special categories of women, including survivors of rape or incest, women with disabilities, minors, and other vulnerable individuals.

Court relied on a 2022 Supreme Court judgment emphasizing a woman's prerogative to evaluate her life and make decisions based on changes in her material circumstances.

Highlighting the "right not to procreate," court emphasized that the right to reproductive choice includes the option to refrain from having children, thus leading to the conclusion that the widow should be permitted to terminate her pregnancy.

According to the woman's plea, she got married in February 2023, and her husband passed away on October 19, 2023. Returning to her parents' house, she underwent an ultrasound on October 31, 2023, revealing a 20-week pregnancy.

In December 2023, the woman decided against continuing the pregnancy and sought medical termination. However, due to her gestation period exceeding 24 weeks, she was denied permission; therefore, she approached the high court.

Court, on December 22, directed AIIMS to form a medical board to assess her condition and submit a report on her eligibility for the termination procedure. Despite the AIIMS Medical Board's recommendation against termination, court considered the woman's extreme trauma and suicidal tendencies, leading to permission for termination.

"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 court said in its order. 

The court clarified that this ruling applies to the unique circumstances of this case and should not be considered a precedent.

Case Title: R v. Union of India & Ors.