Delhi HC recalls abortion permitted to then 29-week pregnant widow despite noting she's 'severely depressed' [Read Judgment]

NEW DELHI: The Delhi High Court has recalled its previous order permitting a widow to terminate her then 29 week-old pregnancy, despite noting that the woman was diagnosed with severe depression.

The Court was hearing an application in this regard by the Centre.

It had previously allowed the woman to undergo medical termination of pregnancy as the woman claimed to be showing depressive, suicidal tendencies after the passing of her husband. 

However, relying on a recent report, by a doctor at the Department of Psychiatry at All India Institute of Medical Sciences (AIIMS) New Delhi, the Court noted that the woman is suffering from depression associated with stressful life events only, and the same is not suggestive of any psychotic features. 

The psychiatrist who has evaluated the Petitioner has not given any report suggesting that the ongoing pregnancy of the Petitioner and delivery will cause a grave injury to her mental health which is necessary for giving permission for termination of pregnancy exceeding 20 weeks but not beyond 24 weeks under Section 3(2)(b) of the MTP Act, the single-judge bench of Justice Subramonium Prasad wrote.

Further, as the Medical Board is also of the opinion that since the fetus does not show any abnormality, foeticide in this case is neither justified nor ethical, the bench held.

Therefore, the Court held that the woman, who is in the 32nd week of gestation, can go to either AIIMS or any central or state hospital to undergo her delivery.

If the petitioner [woman] is inclined to give the newborn child in adoption then as suggested by Aishwarya Bhati, Additional Solicitor General, the Union of India shall ensure that the process of adoption takes place at the earliest and in a smooth fashion, it added.

The order came on a plea by both the Centre and the AIIMS urging the court to consider protecting the right to life of the unborn child so that the child has a fair chance of survival.

The woman got married in February 2023, and her husband passed away on October 19 the same year. She came back to her parents house and found that she is 20 weeks pregnant in October itself.

Thereafter, she decided not to continue the ongoing pregnancy in December last year, however, as her gestation period was over 24 weeks, she was not allowed to medically terminate her pregnancy, prompting her to approach the Court.

Cause Title: R v Union of India through Secretary Ministry of Health and Family Welfare & Ors.

[Read Judgment]