A widow has been granted permission by the High Court (HC) to terminate her 29-week pregnancy due to mental health concerns. The court has allowed her to undergo the procedure at the All India Institute of Medical Sciences (AIIMS), even though she has exceeded the allowable gestation period of 24 weeks. However, it highlighted that this decision should not be considered a legal precedent.
The HC cited a Supreme Court judgment that upholds a woman’s right to evaluate her life and make decisions based on changing circumstances. It emphasized that the right to reproductive choice includes the right to not procreate.
The woman, who married in February 2023, tragically lost her husband in October. She returned to her parents’ house and discovered she was 20 weeks pregnant. Overwhelmed by the trauma of her husband’s demise, she decided to terminate the pregnancy in December. Unfortunately, because the gestation period had surpassed the 24-week limit for legal abortion, she was initially denied permission.
Subsequently, the woman approached the court seeking approval for a medical termination of her pregnancy. A medical board was formed to assess her health condition. AIIMS, in its report, provisionally diagnosed her with depression, stemming from the loss of her spouse. They also mentioned a possibility of adjustment disorder. However, they stated that it could not be definitively determined whether continuing the pregnancy would have detrimental psychiatric effects on the petitioner’s health.
Rule 3(B) of the Medical Termination of Pregnancy (MTP) Rules permits women to terminate pregnancies up to 24 weeks under specific conditions.
In conclusion, the High Court’s decision to allow the widow to terminate her 29-week pregnancy due to mental health concerns sets a specific precedent. The ruling reaffirms a woman’s right to reproductive choice and the importance of considering individual circumstances when making such decisions. Ultimately, it emphasizes the significance of prioritizing mental health when evaluating the best course of action.
