A pregnant widow was allowed to terminate her pregnancy due to emotional anguish after her husband’s death in October 2023, but the Delhi High Court reversed its decision. Despite her 24-week gestation, the court allowed the woman to undergo the AIIMS surgery due to her profound stress and suicidal tendencies.
The Delhi High Court terminated its order allowing a widow to medically terminate her 29-week pregnancy on Tuesday after reviewing the central government’s motion. She is reportedly suffering from mental stress after her husband died in October 2023. February saw her wedding. Justice Subramonium Prasad recalled the abortion order.
The court granted the petition after reviewing the petitioner’s submissions and psychiatric evaluation.
AIIMS did not advise abortion due to the pregnancy’s duration. The federal government requested reconsideration of the order due to the unborn foetus’ right to life.
Justice Prasad previously stated, “Petitioner’s martial status changed. Widower petitioner.”
“The psychiatric evaluation report of the AIIMS indicates that the petitioner is suffering from extreme trauma due to the death of her husband,” Judge Prasad said.
He warned that the petitioner’s condition could cause her to lose her mental balance and harm herself.
Judge Prasad said, “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 petitioner can terminate her pregnancy at AIIMS. AIIMS should do the surgery even if the petitioner is over 24 weeks pregnant “The bench ruled.
The panel cited the Supreme Court’s ruling in X vs. Principal Secretary, Health and Family Welfare Department, Government of the National Capital Territory of Delhi and Another, which held that each party’s prerogative.
Women should examine their lives and decide what to do in light of material changes and the right to reproductive choice, which includes the decision not to procreate.
However, the high court stated that this ruling was made in the unique circumstances of the case and should not be considered a precedent.
Her lawyer, Dr. Amit Mishra, told the court that she was hospitalized but left as the doctors advised her to continue the pregnancy.
Her counsel argued that forcing her to maintain the pregnancy violates her privacy.
The bench noted that the apex court ruling allowed termination at this stage. The petitioner’s mental state changed.
On Saturday, the vacation bench of Delhi High Court asked the AIIMS Hospital Department of Psychiatry if continuing this pregnancy would harm her health due to her severe depression and suicidal ideation.
Vacation judge Neena Krishna Bansal ordered another psychiatric examination report after reviewing AIIMS’s.
The AIIMS Hospital Department of Psychiatry reported that the petitioner was assessed on December 28, 2023.
The report said she had serious depression and suicide thoughts.
After considering the risk to self and fetus, the patient and family agreed to admittance. The bench observed the patient’s AIIMS psychiatry ward admission.
The high court ordered AIIMS to evaluate a 23-year-old widow seeking medical abortion.
Medical abortion was not recommended by the board.
The bench heard petitioner lawyer Dr. Amit Mishra before issuing instruction.
He told the court she’s suffering mental anguish from the pregnancy. Certain cases allow advanced pregnancy termination.
He claimed the petitioner is traumatized mentally and physically. Even eating is impossible for her. The 23-year-old lady reportedly told the court her husband died on October 9, 2023.
On December 22, 2023, the bench instructed AIIMS to form a medical board and examine the petitioner.
The bench ordered a report on whether the petitioner could undergo abortion.
Conclusion
An appeal by the national government prompted the Delhi High Court to recall its ruling allowing a widow to medically terminate her 29-week pregnancy. The February bride is traumatized by her husband’s October 2023 death. The court recalled the ruling after reviewing the petitioner’s statements and psychiatric evaluation. The AIIMS did not advise terminating the pregnancy due to the period. Due to the unborn foetus’ right to life, the central government appealed the order. Justice Subramonium Prasad concluded that the petitioner should be allowed to terminate her pregnancy since it could hurt her mentally. The court cited the Supreme Court’s ruling in X vs. Principal Secretary, Health and Family Welfare Department, Government of the National Capital Territory of Delhi and Another, which states that each woman must assess her life and choose the best course of action based on material circumstances and reproductive choice.
