Delhi High Court allows a distressed widow to terminate her pregnancy.

In a recent ruling, the Delhi High Court granted permission for the medically induced termination of a widow’s 27-week pregnancy, considering her mental health and altered circumstances following her husband’s demise. Justice Subramanian Prasad, after reviewing the petitioner’s plea and a psychiatric examination report from AIIMS, emphasized the significant emotional distress experienced by the widow due to the loss.

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Justice Prasad highlighted the AIIMS psychiatric report indicating the petitioner’s stress and potential threat to her mental equilibrium, suggesting a risk of inadvertent self-harm. The court expressed belief that allowing the continuation of the pregnancy might lead to suicidal thoughts for the petitioner. Consequently, the court sanctioned the petitioner’s access to the AIIMS pregnancy termination treatment.

Despite the petitioner surpassing the 24-week gestation period, the court mandated AIIMS to proceed with the surgery. The ruling referenced the precedent in X v., affirming a woman’s right to decide her life’s course, especially considering changing circumstances and the encompassing right not to procreate.

However, the court explicitly stated that this decision should not be construed as a precedent, emphasizing its context-specific nature. The court had delayed the ruling to conduct a thorough mental evaluation of the petitioner, responding to objections raised by her attorney. Dr. Amit Mishra, representing the petitioner, argued in court against compelling her to carry the pregnancy, citing it as an invasion of privacy.

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The court acknowledged that termination was allowed even at this stage by a prior Supreme Court ruling but noted the evolving situation due to the petitioner’s deteriorating mental health. The vacation bench of the Delhi High Court questioned the AIIMS Hospital’s Department of Psychiatry, ordering an additional psychiatric evaluation report in light of the petitioner’s severe depression and suicidal thoughts. The petitioner’s mental assessment on December 28, 2023, revealed a diagnosis of serious depression and suicidal thoughts, leading to the court’s decision to grant permission for the medically induced termination.

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