The Delhi High Court, having observed the broader scope of reproductive choice encompassing the right to abstain from procreation, granted permission for a woman to terminate her 29-week pregnancy due to severe emotional distress following her husband's passing.
Justice Subramonium Prasad advocated for the termination of the woman's pregnancy, emphasizing that her continued pregnancy could jeopardize her mental well-being, given her exhibited suicidal tendencies.
Yet, it clarified that the decision was made based on the unique details and context of this case, emphasizing that it shouldn't serve as a precedent for future instances.
After marrying in February of the previous year, the woman filed a plea for the medical termination of her pregnancy following her husband's passing on October 19, 2023. She discovered the pregnancy upon returning to her parents' home and made the decision not to proceed with it.
She conveyed experiencing profound distress following her husband's untimely death. Consequently, the medical superintendent of AIIMS Hospital conducted a psychiatric evaluation at her request. The medical report revealed her expression of despondency, contemplation of self-harm toward the fetus, and a provisional diagnosis of depression related to the loss of her spouse. Additionally, a potential differential diagnosis of adjustment disorder was considered.
Allowing the plea, the court said:
The court granted permission for the woman to undergo the termination procedure at AIIMS, even though she had surpassed the 24-week gestation mark. Additionally, the court requested the hospital proceed with the procedure despite the gestational period exceeding the usual limit.
Case Title: R v. THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS.
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