Delhi HC allows widow to terminate 29-week pregnancy due to mental health concerns
New Delhi, Jan 5: The Delhi High Court has allowed a widow, suffering from depression, to terminate her 29-week foetus as continuation of pregnancy could affect her mental health and observed that the right to reproductive choice also includes the right not to procreate.
The high court noted that there was a change in the marital status of the woman, who lost her husband on October 19, 2023, and came to know about her pregnancy on October 31, 2023.
Justice Subramonium Prasad said the woman should be permitted to terminate her pregnancy because allowing her to continue with it can impair her mental stability as she was showing suicidal tendencies.
"Accordingly, the petitioner (woman) is permitted to undergo the procedure for termination of her pregnancy at AIIMS. AIIMS is requested to conduct the procedure even though the petitioner has crossed her gestation period of 24 weeks," the high court said.
It, however, made clear that the order has been passed in the peculiar facts and circumstances of the present case and it shall not be treated as a precedent.
The court referred to a Supreme Court judgment in which it held that it is the prerogative of each woman to evaluate her life and arrive at the best course of action in view of the change in material circumstances.
"The right to reproductive choice also includes the right not to procreate," the high court said.
The woman, who got married in February 2023, lost her husband in October after which she came to her parents' house and got to know that she was 20 weeks pregnant.
In December, she decided not to continue with her pregnancy as she was suffering from extreme trauma due to the demise of her husband and approached doctors for termination.
However, since the gestation period was more than 24 weeks, the permissible limit to abort a foetus, she was not granted permission.
Thereafter, the woman approached the court seeking permission to medically terminate her pregnancy and a medical board was constituted to assess her health condition.
AIIMS, in its report, said that the woman was provisionally diagnosed with depression with problems related to the death of a spouse and a differential diagnosis of adjustment disorder and added that at this time, it cannot be speculated definitively whether the continuation of pregnancy can be detrimental to the petitioner's health from a psychiatric viewpoint.
Rule 3(B) of the Medical Termination of Pregnancy (MTP) Rules permits a woman to terminate her pregnancy up to 24 weeks with certain conditions.
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Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
