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Delhi High Court recalls order permitting 29 weeks pregnant woman to terminate pregnancy after husband’s death

The Delhi High Court has recalled its recent order where it permitted a woman to terminate her 29 weeks pregnancy as she was suffering with extreme trauma after her husband’s death.

Justice Subramonium Prasad said that the order is recalled while he hearing an application seeking recall of the order passed on January 04 by the Central Government.

On January 4,Justice Prasad had allowed the woman to undergo medical termination of pregnancy findimg that she has right to reproductive choice.

The court had permitted termination, taking in consideration as in the current case continuing with pregnancy could have impaired her mental stability as she was showing suicidal tendencies.

The woman in question was married in February last year, filed the plea seeking medical termination of her pregnancy after her husband died on October 19, 2023.

The AIIMS in its report stated that the woman expressed depressed mood, suicidal foeticidal thoughts and was provisionally diagnosed as depression with problems related to death of spouse and a differential diagnosis of adjustment disorder.

Central Government filed an application seeking recall of the order, saying that the child has a fair chance of survival and the court should consider protecting the right to life of the unborn infant.

AIIMS had also moved court submitting that the outcome will be much better if the child is delivered at 34 weeks of pregnancy or beyond.

It also said that it is advisable that the pregnancy be continued for another two or three weeks for the betterment of the health of the mother and the minor.

Thereafter, the court had directed the woman to undergo further psychiatric evaluation and counselling at AIIMS on January 16, 17 and 18.

It had also and asked AIIMS to place a report indicating the physical and mental health of the woman as well as the foetus.

In its application, the Central Government referred to an order passed by the Supreme Court last year wherein its earlier order allowing termination of 26 weeks pregnancy was recalled in view of the opinion of medical board.

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