Ethical Considerations and Future Care for Mother and Fetus: Delhi High Court Recalls Judgment on Late Pregnancy Termination

In a significant ruling that underscores the complexities of medical termination of pregnancies, the Delhi High Court has recalled its earlier judgment that permitted the termination of a 30-week pregnancy. The court's decision pivoted on "ethical considerations and future care" for both the mother and the fetus, especially given the absence of fetal abnormalities.

The petitioner, who had lost her husband and suffered severe depression, initially sought termination citing grave injury to her mental health. However, detailed psychological assessments and medical reports from AIIMS played a crucial role in the court's reconsideration of the matter.

Justice Subramonium Prasad, while delivering the judgment, emphasized the intricate balance between medical guidelines and ethical considerations in such sensitive cases. "The guidelines dated 14.08.2017 issued by the Ministry of Health and Family Welfare, Government of India, provide for termination of pregnancy beyond 20 weeks in specific cases. However, in the present case, no such circumstances exist, and therefore, the said guidelines cannot be pressed for permitting feticide," the judge observed.

The court highlighted the psychological assessment of the petitioner, pointing out that although she suffered from severe depression, there were no psychotic features that could justify the late termination of pregnancy. The judgment also brought attention to the potential physical and mental deficiencies a preterm baby might suffer and the implications for the child's future.

In a compassionate move, the court assured the petitioner of medical and psychological support. "If the Petitioner is inclined to undergo her delivery at any Central Government Hospital, the Central Government shall bear all the medical expenses and all other incidental charges of the delivery," the judgment read.

Furthermore, addressing the petitioner's future concerns, the court stated, "If the Petitioner is inclined to give the new born child in adoption, then the Union of India shall ensure that the process of adoption takes place at the earliest and in a smooth fashion."

Date of decision: 23 JANUARY, 2024

R VS THE UNION OF INDIA THROUGH SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS.