LI Network
Published on: January 7, 2024 at 01:20 IST
The Delhi High Court recently allowed a woman to terminate her 29-week pregnancy, emphasizing her right to reproductive choice.
Justice Subramonium Prasad granted the termination after considering the traumatic circumstances following the woman’s husband’s demise, stating that continuing the pregnancy might severely affect her mental well-being and cause suicidal tendencies.
Quoting a prior case, X vs. Principal Secretary, Health and Family Welfare Department, the Court highlighted a woman’s prerogative to decide her course of action considering life changes and the broader right to reproductive choice, including the right not to conceive.
However, the Court specified that this ruling was based on the case’s unique facts and should not serve as a precedent for future cases.
The petitioner, married in February the previous year, sought permission for the medical termination of her pregnancy after her husband’s death in October 2023. She discovered the pregnancy upon returning to her parents’ home and decided against proceeding with it.
Citing severe trauma due to her husband’s demise, the petitioner underwent psychiatric evaluation at AIIMS Hospital. The report revealed signs of depression, suicidal thoughts, and an adjustment disorder related to the spouse’s death.
Considering her altered marital status and the psychiatric evaluation indicating extreme trauma, the Court expressed concerns about the petitioner’s mental well-being and granted permission for the pregnancy termination at AIIMS, despite her exceeding the 24-week gestation period.