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HC allows widow to terminate 27-week pregnancy due to mental health concerns

A widow suffering from depression due to the continuation of pregnancy has been allowed to terminate her 27-week foetus by the Delhi High Court on Friday.

Delhi High Court
Delhi High Court

By ETV Bharat English Team

Published : Jan 5, 2024, 10:52 PM IST

New Delhi: The Delhi High Court allowed a woman, suffering from depression, to terminate her 27-week foetus as continuation of pregnancy could affect her mental health and observed that the right to reproductive choice also includes the right not to procreate. The bench of Justice Subramaniam Prasad has given this order keeping in mind the mental condition of the woman. Justice Subramonium Prasad said the woman should be permitted to terminate her pregnancy because allowing her to continue with it can impair her mental stability. Earlier, the court had reserved the decision on January 3.

In the petition, it was stated that the woman was suffering from severe depression. Advocate Amit Mishra said that the petitioner was admitted to the hospital. The doctors told her to continue her pregnancy. It has been said in the petition that continuing the pregnancy is a violation of the woman's right to privacy.

During the hearing, the court had said that the Supreme Court had also permitted abortion in such circumstances. Earlier, on December 30, 2023, the vacation bench of the High Court had ordered the mental health department of AIIMS to conduct a check-up on the woman. AIIMS had said in its report that the woman was going through severe depression. She had symptoms of suicidal thoughts. After examining her mental condition, the woman was admitted to the psychiatry ward at AIIMS.

The woman, who got married in February 2023, lost her husband in October after which she came to her parents' house and got to know that she was 20 weeks pregnant. In December, she decided not to continue with her pregnancy as she was suffering from extreme trauma due to the demise of her husband and approached doctors for termination.

However, since the gestation period was more than 24 weeks, the permissible limit to abort a foetus, she was not granted permission. Thereafter, the woman approached the court seeking permission to medically terminate her pregnancy and a medical board was constituted to assess her health condition.

Rule 3(B) of the Medical Termination of Pregnancy (MTP) Rules permits a woman to terminate her pregnancy up to 24 weeks with certain conditions. (With PTI Inputs)

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