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super admin
Super admin. | 10 months ago | 274 Views

Citing The Unborn’s Right To Life, High Court Recalls Its Order Of Terminating A 29 Weeks Pregnancy

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super admin Super admin

Updated: 04-04-2024

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Recalling its previous judgement passed on 4 January, the Delhi High Court on Tuesday, permitted a widow,  who was going through an immense trauma as well as showing suicidal tendencies after her husband’s death, to terminate her then 29 weeks-old pregnancy.

Facts of the case-

  • On January 4th, the High Court allowed the widow, who was suffering from depression, to terminate her 29-week foetus, at the time as if the pregnancy is continued, it can affect her mental health, also the Court observed that the right to reproductive choice will also include the right not to procreate.
  • The High Court also took into notice the change in the marital status of the woman has lost her husband on October 19, 2023, and became aware of the pregnancy on October 31, 2023.
  • It was brought into the Court’s notice that the woman shall be permitted to terminate her pregnancy as allowing her to continue the pregnancy could negatively affect her mental stability as she was showing suicidal tendencies as well.
  • The woman got married in February 2023 and lost her husband in October, leading to which she came to her parents' house where she got to know about the 20 weeks pregnancy.
  • In December, she came to the decision to not to continue her pregnancy as she was going through extreme trauma due to the death of her husband and approached doctors for termination of the pregnancy.
  • But, as the gestation period had crossed the permissible limit of 24 weeks for abortion, she was denied the permission.
  • After which the woman approached the Court to seek permission for medically terminating her pregnancy, resulting which a medical board was constituted in order to assess her health condition.
  • As per the Rule 3(B) of the Medical Termination of Pregnancy (MTP) Rules, a woman will be permitted to terminate her pregnancy up to a period of 24 weeks with certain conditions. And the opinion of a state-level medical board would be  required for abortions over 24 weeks, in the case of suspected foetal abnormalities.
  • The AIIMS, where woman was medically examined, later submitted a report to the Court, saying that the, Foeticide in this case will neither be justified nor would it be ethical as the foetus is grossly normal.
  • The report further said the psychiatrist evaluating the woman has not submitted  any report which suggested that the ongoing pregnancy and delivery would cause grave injury to the mental health of the woman, which will be necessary for giving permission for the termination of pregnancy exceeding 20 weeks.

Decision of the Court-

  • Aishwarya Bhati, Additional Solicitor General, suggested that the in case the petitioner [woman] agrees to give the newborn child in adoption then, the Union of India would ensure that process of adoption would take place at the earliest as well as in a smooth fashion.
  • Ms. Bhati also assured the Court that the Centre would provide all necessary assistance and pay all related medical costs as well as other incidental charges of delivery.
  • The Court, thus rejected the contention of the woman to direct AIIMS to go ahead with the foeticide.
  • Right to life
  • The order came as a result of the plea submitted by both Centre and the AIIMS which urged the court to consider the protection of the right to life of the unborn child, in order for it to have a fair chance of survival.
  • In its January 4 judgement this year, the Court had permitted the widow to abort her then 29 weeks-old foetus, due to the “immense trauma” and  “suicidal tendencies” she was showing after the death of her husband.
  • In India, a permissible limit of 24 weeks for termination of pregnancy  has been provided for special cases, including the survivors of rape, victims of incest or other vulnerable women (like differently abled women, minors) etc.

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Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

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How To Apply For A Marriage Certificate ? +91-8877001993

Adv Tanvi Malik • 09/09/2024

How Is Murder Punishable? 8877001993

How Is Murder Punishable? 8877001993

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Cheque Bounce Lawyers In Delhi 91-8877001993

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Dowry Death And Its Punishment 91-8877001993

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How To Escape From Cheque Bounce Cases ?91-8877001993

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Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

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Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Adv Rahul Pandey • 25/09/2024

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

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Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Adv Ankit Kansal • 05/10/2024

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Adv Kanishk Garg • 09/10/2024

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

Maintenance To Woman In Live In Relationship 91-8877001993

Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Adv Anshul Jain • 06/12/2024

What To Do If A Police Officer Is Harassing You? 91-8877001993

What To Do If A Police Officer Is Harassing You? 91-8877001993

Adv Arjun Sharma • 21/12/2024

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