Introduction:

In a complex legal battle, the Delhi High Court recently recalled its earlier order permitting a woman to terminate her pregnancy at 29 weeks, citing extreme trauma after her husband’s death. The Central Government moved an application seeking the recall of the January 4 order, emphasizing the fair chance of the child’s survival and the right to life of the unborn infant. The court had initially granted the termination, considering the woman’s mental health, including suicidal tendencies and the right to reproductive choice.

Arguments of Both Sides:

The woman, facing severe emotional distress after her husband’s death, sought the termination of her pregnancy, asserting her right to reproductive choice. The court, in its initial order, prioritized the woman’s mental well-being. The Central Government, AIIMS, and a medical board intervened, highlighting the child’s fair chance of survival and advocating for protecting the unborn child’s right to life. AIIMS suggested continuing the pregnancy for better health outcomes for both the mother and the minor.

Court’s Judgment:

Responding to the Central Government’s plea, the Delhi High Court recalled its earlier order, emphasizing the need to protect the right to life of the unborn child. The court directed the woman to undergo further psychiatric evaluation and counseling at AIIMS, seeking a comprehensive report on the physical and mental health of both the woman and the fetus.