HC recalls order on ending 29-week pregnancy over mental health concerns

The Delhi High Court (HC) on Tuesday recalled its earlier order that allowed a 29-week pregnant woman to terminate her pregnancy due to mental health concerns.

The decision came after the central government filed an application seeking a re-examination of the case, citing the "unborn child's right to life" and its better chances of surviving at this point.

The woman, who lost her husband in October 2023, had petitioned the court in December seeking permission to terminate her pregnancy, expressing extreme emotional distress and suicidal tendencies.

In a January 4 judgement, Justice Subramonium Prasad acknowledged the woman's right to reproductive choice and its extension not to procreate and allowed the termination despite surpassing the legal limit of 24 weeks for medical termination of pregnancy.

 

However, the Centre objected to the decision, claiming that the foetus had a "fair chance of survival" at this gestational age and underscoring the significance of protecting the unborn child's right to life.

AIIMS, which supported the Centre's appeal, informed the court that extending the pregnancy for a few more weeks would be preferred for optimal neonatal health and recommended that the child be delivered after 34 weeks.

In response to the new arguments and AIIMS's medical opinion, the high court upheld the Centre's plea and recalled its earlier decision.