The court was clear in saying that this order was made in the particular circumstances of this case and that it shouldn’t be seen as precedent. On Thursday, the Delhi High Court granted a widow permission to end her 27-week pregnancy medically, taking into account her mental health and the change in circumstances. It is said that the loss of her spouse has caused her to experience emotional distress. After reviewing the petitioner’s pleading and psychiatric examination report, Justice Subramanian Prasad granted the petition.
Justice Prasad pointed out that the petitioner is experiencing stress as a result of her husband’s death, according to the AIIMS’s psychiatric examination report. According to him, the petitioner’s condition may cause her to lose her metal equilibrium and inadvertently injure her. As per Justice Prasad’s statement, “This Court believes that the petitioner should be allowed to end her pregnancy at this point because allowing the petitioner to carry on with the pregnancy may have the suicidal thoughts.
As a result, the petitioner is allowed to go through the AIIMS pregnancy termination treatment. The bench stated in the ruling that even though the petitioner’s 24-week gestation period has passed, AIIMS is asked to carry out the surgery. In rendering its decision, the bench cited the ruling in X v. The Supreme Court’s decision held that every woman has the right to access her life and determine the best course of action given the change in circumstances and the fact that the right to reproductive choice encompasses the right not to procreate.
The High Court did, however, make it clear that this order should not be regarded as precedent because it was made in light of the particular facts and circumstances of the case at hand. After hearing the petitioner’s attorney‘s objections and delaying the ruling until Thursday to allow for a thorough mental evaluation of the petitioner, the High Court on Wednesday reserved the order on the plea. Dr. Amit Mishra, her attorney, testified in court that although she was admitted to the hospital, she fled because the physicians were pressuring her to carry out the pregnancy. Her attorney argued that forcing her to carry the pregnancy to them is an invasion of her privacy.
The bench had noted that termination was permitted even at this point by a ruling of the Supreme Court. The situation has now altered due to the petitioner’s mental state. The Delhi High Court’s vacation bench questioned the AIIMS Hospital’s Department of Psychiatry earlier on Saturday, given her severe depression and suicidal thoughts. Vacation judge Neena Krishna Bansal ordered an additional psychiatric evaluation report after reviewing the AIIMS psychiatric evaluation report. The petitioner was assessed on December 28, 2023, according to a report submitted by the AIIMS Hospital’s Department of Psychiatry. According to the article, she was diagnosed with serious depression and suicidal thoughts.
