DELHI HIGH COURT AFFIRMS THAT EVERY WOMAN HAS THE PREROGATIVE TO ASSESS HER LIFE AND DETERMINE THE BEST COURSE OF ACTION BASED ON CHANGES IN HER MATERIAL CIRCUMSTANCES

A single-Judge Bench of the Delhi High Court comprising of Justice Subramonium Prasad passed a Judgment dated 04-12-2024 in the matter of R vs. The Union of India through Secretary Ministry of Health and Family Welfare & Ors., W.P.(C) 16751/2023 and observed that the right to reproductive choice also includes the right not to procreate, this Court believes that the Petitioner should be allowed to terminate her pregnancy. Continuing the pregnancy could impair her mental stability, especially as she exhibits suicidal tendencies.

FACTS:

The Petitioner, married on 26.02.2023, tragically lost her husband on 19.10.2023. Subsequently, she moved to her parents’ home and, during a routine ultrasound on 31.10.2023, discovered she was 20 weeks pregnant. In December 2023, she decided to terminate the pregnancy. However, as her pregnancy had surpassed 24 weeks, medical termination was denied under the Medical Termination of Pregnancy (MTP) Act, 1971, and its Rules, 2003.

She approached the Delhi High Court, requesting permission for medical termination due to severe psychological trauma and suicidal tendencies following her husband’s demise. The Court directed AIIMS to examine the Petitioner and submit a report.

The AIIMS Medical Board reported that the Petitioner’s pregnancy had reached 29 weeks, and under Clause 3B(c) of the MTP Rules[i], termination was not permissible beyond 24 weeks. Despite this, psychiatric evaluation revealed extreme depression and suicidal thoughts, with the Petitioner refusing medical care unless her request for termination was granted.

Issue

Whether the Petitioner, given her advanced pregnancy stage and severe mental health condition, should be allowed to terminate her pregnancy despite exceeding the legal gestation limit of 24 weeks.

High Court Observations

1. The Bench observed that Rule 3B(c) of the MTP Rules allows termination up to 24 weeks in cases of a change in marital status, such as widowhood. The Petitioner’s marital status change qualified her under this category, though the decision to terminate was delayed.
2. The psychiatric report indicated severe depression, suicidal thoughts, and impaired judgment in the Petitioner, exacerbated by the denial of MTP.
3. The High Court relied on the Supreme Court’s judgment in X vs. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and Another 2022 SCC online SC 1321, emphasising a woman’s reproductive autonomy. The ruling underlined that a woman has the right to decide the best course of action considering her material circumstances, including widowhood.
4. The High Court recognised that forcing the Petitioner to continue with her pregnancy could further harm her mental stability and exacerbate suicidal tendencies.
5. It was noted that reproductive autonomy includes the right not to procreate, and compelling the continuation of an unwanted pregnancy infringes on this right.

Conclusion:

The Delhi High Court permitted the Petitioner to undergo medical termination of her pregnancy at AIIMS despite the 29-week gestation. The decision was made considering the Petitioner’s severe mental health condition, her right to reproductive autonomy, and the unique circumstances of her case. The Court clarified that this Order was case-specific and should not be treated as a precedent.

This Judgment highlights the evolving jurisprudence on reproductive rights in India, particularly the balance between statutory limitations and a woman’s autonomy and mental health considerations.

Sakshi Raghuvanshi

Senior Associate

The Indian Lawyer

[i] “3B. Women eligible for termination of pregnancy up to twenty-four weeks. – The following categories of women shall be considered eligible for termination of pregnancy under clause (b) of subsection (2) Section 3 of the Act, for a period of up to twenty-four weeks, namely: –

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(c) change of marital status during the ongoing pregnancy (widowhood and divorce);