Delhi HC reverses abortion nod after Centre 'right to life' plea

The Delhi High Court has recalled its earlier order that allowed a woman to terminate her 29-week-old foetus.

The recalled order was passed by the High Court on January 4 on the grounds that the woman, whose husband died in October 2023, was suffering from depression and the continuation of the pregnancy could affect her mental health. It observed that the right to reproductive choice also includes the right not to procreate.

Tuesday's order cancelling the abortion permission came after the Centre filed a petition saying that the child has a fair chance of survival and the court should consider protecting the right to life of the unborn child.

Accepting Centre's argument, Justice Subramonium Prasad said the 26-year-old woman, now already at 32 weeks of gestation, can go to AIIMS or any other central or state government hospital for delivery, and if she is subsequently inclined to give the newborn in adoption, the Centre shall ensure that the process takes place smoothly and at the earliest. It added that the respective government would bear all medical and incidental expenses in the process of delivery.

The All India Institute of Medical Sciences (AIIMS), where the woman was medically examined, also claimed that it was advisable that the pregnancy be continued for another two-three weeks for the betterment of the health of the mother and the child.

In its order, the court took note of the reports filed by AIIMS as well as its interaction with the doctors on the medical board and observed that the contention of the petitioner's lawyer that AIIMS must be directed to go ahead with the feticide cannot be accepted.

It stated that the psychological assessment report of the petitioner, a graduate, indicated that she was suffering from depression associated with stress due to life events and not any psychotic features, and that there was no suggestion that the ongoing pregnancy or delivery would cause such a grave injury to her mental health that would necessitate termination of pregnancy.

The medical board, the court added, also opined that since the foetus did not show any abnormality, feticide was neither justified nor ethical and a preterm induction of labor has a high chance of failure, leading to serious implications on her future pregnancies as well as physical and mental deficiencies in the newborn.

Justice Prasad further said that the court tried its best and made its sincere efforts to persuade the petitioner, who was present in the proceedings, to go through the pregnancy keeping in mind the reports received from AIIMS hospital.

The court opined that the Ministry of Health and Family Welfare, in 2017, issued guidelines for termination of pregnancy beyond 20 weeks in certain cases like those of minor rape victims and in the present case there were not such circumstances.