Right To Reproductive Choice Encompasses The Right To Decide Not To Procreate

BY: THE LEX TIMES

The Delhi High Court permits a woman to terminate her pregnancy following her husband’s demise, asserting that the right to reproductive choice encompasses the right to decide not to procreate.

The Court granted permission for the termination of the woman’s pregnancy at AIIMS, even though she exceeded the 24-week gestation period. This decision was made in light of her severe emotional distress following her husband’s death. The court specifically requested a psychiatric evaluation, revealing her depressed mood and suicidal thoughts. The provisional diagnosis pointed to depression related to her spouse’s demise.

It’s important to note that the court emphasized that this ruling should not set a precedent for future cases. The woman, who had married in February of the previous year, sought termination upon discovering her pregnancy after her husband’s tragic death on October 19, 2023.

Recognizing the right to reproductive choice, the Delhi High Court justified the termination at 29 weeks. The primary consideration was the potential harm to her mental well-being, as she exhibited suicidal tendencies.

The court, under Justice Subramonium Prasad, asserted that allowing her to continue the pregnancy could impair her mental stability, thus justifying the decision to permit termination in this specific and unique case.

Case Title: R v. THE UNION OF INDIA THROUGH SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS.

Click Here To Download The Judgement