Delhi HC allows widow to terminate pregnancy over ‘mental health’ concerns

The Delhi High Court on Friday granted permission to a widow suffering from depression to terminate her 29-week pregnancy, saying that the continuation of the pregnancy could impact her mental health.

Justice Subramonium Prasad noted a change in the woman’s marital status, as she lost her husband and discovered her pregnancy.

The court observed that the right to reproductive choice includes the right not to procreate and acknowledged the woman’s suicidal tendencies.

The order allows her to undergo the termination procedure at AIIMS, despite surpassing the 24-week gestation period. “Accordingly, the petitioner (woman) is permitted to undergo the procedure for termination of her pregnancy at AIIMS. The AIIMS is requested to conduct the procedure even though the petitioner has crossed her gestation period of 24 weeks,” the court said.

The woman got married in February 2023. She lost her husband in October.

Upon returning to her parents’ house, she discovered she was 20 weeks pregnant.

In December, grappling with profound trauma, she opted to terminate the pregnancy.

Despite the gestation period exceeding the permissible 24 weeks, she sought court permission.

A medical board was formed to evaluate her health condition for the requested pregnancy termination.

The court also said that the order was specific to the case, and not a precedent.