Taking note of medical reports by AIIMS that a recently widowed, 29-week pregnant woman should not be permitted to terminate the normal foetus, Delhi High Court on Tuesday reversed its earlier decision. The court deferred to the medical advice of a board consisting of AIIMS doctors who stated that feticide in this case is neither justified nor ethical, as the foetus does not show any abnormality. The woman, who lost her husband in October last year, was initially granted permission to terminate the foetus by the court, but this decision has now been recalled.
In view of the reports dated Jan 6, Jan 12 and Jan 13 of AIIMS hospital, which have been brought to the notice of this court subsequent to the order dated Jan 4, the court is inclined to recall the judgment dated Jan 4, HC noted. The court further stated that the woman, who is now 32 weeks into her pregnancy, can go to AIIMS or any other central or state government hospital for delivery. If she decides to give the newborn up for adoption, the Centre will ensure a smooth process.
The court also ruled that the respective government will bear all medical and incidental expenses related to the delivery.
In the earlier order, the high court allowed the 26-year-old widow, who was suffering from depression, to terminate the foetus at 29 weeks due to concerns about her mental health. The court emphasized that the right to reproductive choice includes the right not to procreate.
However, when the woman approached AIIMS for feticide, the hospital disagreed and advised continuing the pregnancy for a few more weeks for the better health of both the mother and the child. AIIMS highlighted that termination of pregnancies beyond 24 weeks is typically reserved for foetuses with significant abnormalities, which is not the case in this situation.
The latest decision by Justice Subramonium Prasad comes after the Centre filed a plea seeking the recall of the Jan 4 order, arguing that the unborn child has a fair chance of survival and the court should protect its right to life. Additional solicitor general Aishwarya Bhati stated that termination of the pregnancy should only occur if the doctors conduct foeticide; otherwise, there could be preterm delivery with significant complications.
In response to the reports filed by AIIMS and the interactions with the medical board, the High Court observed that the petitioner’s lawyer’s argument, which urged AIIMS to proceed with the feticide, cannot be accepted in light of these findings.
The court also considered the psychological assessment report of the petitioner, which indicated that she was suffering from depression associated with stress but did not suggest that continuing the pregnancy or delivering the child would cause grave injury to her mental health.
This decision highlights the complexities surrounding reproductive choices, the delicate balance between medical advice and individual rights, and the importance of considering the well-being of both the mother and the unborn child in such cases. The court’s ruling ensures that the woman will receive necessary medical care and support, with the government covering all related expenses.
