Delhi High Court: A petition was filed by the petitioner seeking direction to the respondents to permit medical termination of the ongoing pregnancy of the petitioner under the and the . Subramonium Prasad, J., permitted the petitioner to undergo the procedure for termination of her pregnancy at AIIMS. AIIMS is requested to conduct the procedure even though the petitioner has crossed her gestation period of 24 weeks.
The petitioner, a young woman, married in 2023 and tragically, her husband passed away, altering her material and emotional circumstances. After returning to her parental home, the petitioner underwent an ultrasound which revealed she was 20 weeks pregnant. The petitioner decided to terminate the pregnancy, however, since the gestation period of the petitioner was over 24 weeks, the petitioner was not allowed to medically terminate her pregnancy. Thus, the petitioner filed the present petition.
On 22-12-2023, this Court directed the All India Institute of Medical Sciences (AIIMS) to constitute a medical board to examine the condition of the petitioner and determine her eligibility for a termination of pregnancy. Following these directions, a Medical Board was constituted, and the petitioner was examined, resulting in a report dated 23-12-2023. The report noted that the fetus was at 29 weeks of gestation, and the Board opined against termination, citing Clause 3B(c) of the , which restricts termination to pregnancies up to 24 weeks. When the matter was heard on 27-12-2023, it was submitted that the petitioner was suffering from extreme trauma due to the recent loss of her husband. Consequently, the Court directed the Medical Superintendent at AIIMS to conduct a psychiatric evaluation of the Petitioner and submit a report.
The petitioner’s case was compounded by significant psychological distress, exacerbated by the death of her husband. A psychiatric evaluation at AIIMS confirmed that she was suffering from depression, suicidal ideation, and foeticidal thoughts, stemming from her inability to terminate the pregnancy. The petitioner’s psychiatric condition, coupled with the trauma of widowhood, underscored the critical nature of her plea. Despite this, the Medical Board at AIIMS opined against termination due to the gestational age, as Rule 3B(c) of the MTP Rules permits termination only up to 24 weeks.
The Court noted that the Psychiatric evaluation report of the petitioner given by the AIIMS shows that the petitioner is going through immense trauma and is showing suicidal tendencies. Placing reliance on X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi, , wherein it was held that that it is the prerogative of each women to evaluate her life and arrive at the best course of action in view of the change in material circumstance and also in view of the fact that the right to reproductive choice also includes the right not to procreate, the Court opined that, 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.
[R v UOI, W.P.(C) 16751/2023, decided on 04-01-2024]
Advocates who appeared in this case :
Dr. Amit Mishra, Mr. Amit Rana, Advocates for petitioner;
Mr. Bhagvan Swarup Shukla, CGSC with Mr. Sarvan Kumar, Advocate. Ms. Mehak Nakra, ASC (C) for GNCTD with Mr. Abhishek Khari and Ms. Disha Chaudhry, Advocates for R-2.
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