Delhi HC reverses decision allowing widow to end 29-week pregnancy

New Delhi: The Delhi High Court has reversed its earlier decision allowing a widow to medically terminate her 29-week pregnancy.

The court reconsidered the matter after the central government moved an application, asserting the right to life of the unborn foetus.

The woman, reportedly suffering from mental trauma due to her husband's death in October 2023, was initially granted permission for termination on January 4, based on psychiatric evaluations.

However, the All India Institute of Management Science (AIIMS) did not recommend termination, considering the advanced stage of pregnancy. The central government's application prompted the court to reassess its decision, acknowledging the right to life of the unborn child.

The court had initially emphasised the petitioner's change in marital status and extreme trauma due to her husband's death, expressing concern about potential harm to her mental well-being if the pregnancy continued. The judgement allowed termination despite the gestation period exceeding 24 weeks.

Following the central government's plea, the court recalled its earlier order, highlighting the right to reproductive choice and the prerogative of each woman to evaluate her life. The court clarified that its decision was based on the unique circumstances of the case and should not be treated as a precedent.

The petitioner's counsel argued that forcing her to continue the pregnancy amounted to an invasion of her privacy. The court had previously sought a psychiatric evaluation from AIIMS, which revealed severe depression with suicidal ideation, leading to the recommendation for admission.

The case sparked discussions about the right to terminate pregnancies at advanced stages, considering the mental and physical health of the woman.