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Synopsis

The Supreme Court has refused to interfere with the Delhi High Court's order declining a widow's request to terminate her 32-week foetus.

The woman claimed the pregnancy would cause grave injury to her physical and mental health owing to material changes and circumstances in her marital life. 

A bench of Justices Bela M Trivedi and Prasanna B Varale, however, said it was not advisable to accept her prayer, considering the fact that her pregnancy was 32-weeks old now.

"Since the High Court has taken sufficient safeguards in the impugned order, it is expected that the petitioner shall be taken care of by the Central Government Hospital/State Government Hospital as observed," the bench said, dismissing the special leave petition.

A direction was sought to permit medical termination of the widow's ongoing pregnancy under Section 3(2)(b)(i) read with Section (3) and Section 5 of the Medical Termination Act, 1971 read with Rule 3B of the Medical Termination of Pregnancy Rules, 2003.

The High Court had on January 23, 2024 declined her request. It had considered a report from the AIIMS Delhi, which stated at present, the period of gestation is 30 weeks plus 6 days, the foetus is viable and would be alive after delivery and therefore suggested management of new-born after delivery.

"The anticipated requirement for NICU ICU care will range from 30-45 days with reasonable risk of physical mental handicap subsequently. However, if pregnancy is carried on till term (37 week), the anticipated requirement of NICU will be minimal to nil. There will be very high likelihood of morbidity free survival," the report had said.

Additional Solicitor General Aishwarya Bhati, appearing for the Union government, suggested if the petitioner was inclined to give the new-born child in adoption then the government would ensure that the process of adoption takes place at the earliest and in a smooth fashion.

The petitioner woman had gotten married on February 26, 2023. However, unfortunately her husband passed away on October 19, 2023 due to some medical complications. She came back to her parents house. Thereafter, she went for an ultrasound and found that she was pregnant for 20 weeks. Roughly two months, thereafter, in the month of December, she decided not to continue with her ongoing pregnancy.

As the doctors of the AIIMS, New Delhi refused to terminate the pregnancy due to limitations under the MTP Rules, the petitioner had approached the court seeking a direction for it.

Case Title: R vs. Union of India