Citing The Unborn’s Right To Life, High Court Recalls Its Order Of Terminating A 29 Weeks Pregnancy

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Updated: 04-04-2024

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Recalling its previous judgement passed on 4 January, the Delhi High Court on Tuesday, permitted a widow, who was going through an immense trauma as well as showing suicidal tendencies after her husband’s death, to terminate her then 29 weeks-old pregnancy.

Facts of the case-

On January 4th, the High Court allowed the widow, who was suffering from depression, to terminate her 29-week foetus, at the time as if the pregnancy is continued, it can affect her mental health, also the Court observed that the right to reproductive choice will also include the right not to procreate.
The High Court also took into notice the change in the marital status of the woman has lost her husband on October 19, 2023, and became aware of the pregnancy on October 31, 2023.
It was brought into the Court’s notice that the woman shall be permitted to terminate her pregnancy as allowing her to continue the pregnancy could negatively affect her mental stability as she was showing suicidal tendencies as well.
The woman got married in February 2023 and lost her husband in October, leading to which she came to her parents' house where she got to know about the 20 weeks pregnancy.
In December, she came to the decision to not to continue her pregnancy as she was going through extreme trauma due to the death of her husband and approached doctors for termination of the pregnancy.
But, as the gestation period had crossed the permissible limit of 24 weeks for abortion, she was denied the permission.
After which the woman approached the Court to seek permission for medically terminating her pregnancy, resulting which a medical board was constituted in order to assess her health condition.
As per the Rule 3(B) of the Medical Termination of Pregnancy (MTP) Rules, a woman will be permitted to terminate her pregnancy up to a period of 24 weeks with certain conditions. And the opinion of a state-level medical board would be required for abortions over 24 weeks, in the case of suspected foetal abnormalities.
The AIIMS, where woman was medically examined, later submitted a report to the Court, saying that the, Foeticide in this case will neither be justified nor would it be ethical as the foetus is grossly normal.
The report further said the psychiatrist evaluating the woman has not submitted any report which suggested that the ongoing pregnancy and delivery would cause grave injury to the mental health of the woman, which will be necessary for giving permission for the termination of pregnancy exceeding 20 weeks.

Decision of the Court-

Aishwarya Bhati, Additional Solicitor General, suggested that the in case the petitioner [woman] agrees to give the newborn child in adoption then, the Union of India would ensure that process of adoption would take place at the earliest as well as in a smooth fashion.
Ms. Bhati also assured the Court that the Centre would provide all necessary assistance and pay all related medical costs as well as other incidental charges of delivery.
The Court, thus rejected the contention of the woman to direct AIIMS to go ahead with the foeticide.
Right to life

The order came as a result of the plea submitted by both Centre and the AIIMS which urged the court to consider the protection of the right to life of the unborn child, in order for it to have a fair chance of survival.
In its January 4 judgement this year, the Court had permitted the widow to abort her then 29 weeks-old foetus, due to the “immense trauma” and “suicidal tendencies” she was showing after the death of her husband.

In India, a permissible limit of 24 weeks for termination of pregnancy has been provided for special cases, including the survivors of rape, victims of incest or other vulnerable women (like differently abled women, minors) etc.

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