Asking the “unborn child’s right to life” and its improved chances of survival, central government has filed an application seeking a re-examination of the case which resulted in Delhi High Court to recall its earlier order that allowed a 29-week pregnant woman to terminate her pregnancy due to mental health concerns.
The woman, who lost her husband in October 2023, had approached the court in December seeking permission to terminate her pregnancy, expressing extreme emotional distress and suicidal tendencies.
In a January 4 order, Justice Subramonium Prasad, acknowledging the woman’s right to reproductive choice and its extension to not procreate, permitted the termination despite exceeding the legal limit of 24 weeks for medical termination of pregnancy.
However, the Centre raised objections to the ruling, arguing that the foetus had a “fair chance of survival” at this gestational age and emphasising the importance of protecting the unborn child’s right to life.
AIIMS, supporting the Centre’s petition, informed the court that continuing the pregnancy for a few more weeks would be preferable for optimal neonatal health, and recommended that the child be delivered after 34 weeks.
Responding to the revised arguments and AIIMS’s medical opinion, the High Court upheld the Centre’s plea and recalled its earlier order.
