The right to reproductive autonomy requires respect for a woman's decision to terminate an unwanted pregnancy, free from external coercion, highlighting the connection between reproductive rights and bodily autonomy.

ORDER :

NAGARATHNA, J.

Having heard my learned sister, Hima Kohli, J., I respectfully disagree with her opinion.

This matter was disposed of by a detailed order on 09th October, 2023. Even before the detailed order had been uploaded, a mention was made for seeking recall of the said order before Hon’ble the Chief Justice of India. This is in the absence of any pleading being made by respondent No.1- Union of India. Thereafter this Bench was constituted by Hon’ble the Chief Justice of India. As a result, the directions issued by this Court to the doctors at All India Institute of Medical Sciences (AIIMS) have not been implemented.

2. In the morning session today, after hearing Ms. Aishwarya Bhati, learned Additional Solicitor General and learned counsel for the petitioner, and the party, namely, the petitioner herein, and her husband, through video conference facility, a direction was issued to her to file an affidavit to the effect that she was steadfast in her determination to seek termination of her pregnancy. This was in spite of the petitioner categorically stating that she does not intend to continue her pregnancy. The petitioner has remained determined about her decision not only on 09th October, 2023 but also in the morning session today. Despite that, in view of our direction, the petitioner has filed her affidavit, which reads as follows:

“AFFIDAVIT

I. Mrs. X, Age 27 years, w/o Mr. Sanjay Sharma, R/o R235, Mohan Garden, Uttam Nagar, West Delhi, Delhi 110059 do hereby solemnly and sincerely affirm and state on oath as follows:

1. I am the petitioner in the above mentioned Writ Petition and I am well acquainted with the facts of the case, as such I am competent to swear the present affidavit.

2. I have been informed by my counsel in my vernacular language (Hindi) about the first medical report dated 06.10.2023 issued by AIIMS Hospital, New Delhi after my medical examination done on the same day which mentions about the present growth of baby i.e. 886 gm with gestational age of 25 weeks 5 days and the same has viability & a reasonable chance of survival after medical termination of pregnancy.

3. I have also been informed by my counsel in my vernacular language (Hindi) about a clarification sought by Dr. Aparna K. Sharma, Professor, Deptt. Of Obs. & Gynae, AIIMS Hospital regarding the viability of foetus after termination of my pregnancy, as mentioned in the Annexure A-4 on page 16 of the Miscellaneous Application No. 2157/2023 in Writ Petition No. 1137/2023 dated 10.10.2023 from the doctor of AIIMS Hospital.

4. I have been informed by my counsel in my vernacular language (Hindi) that the baby may be born preterm and also of such low weight that it may require intensive care facility and there is high possibility of immediate and long term physical and mental disability which will seriously jeopardise the quality of the child. After being informed about all above stated possibilities, I have made willful and conscious decision to medically terminate my pregnancy and don’t want to keep the baby even if survives. The government can take care of the baby in case it survives & even can give it in adoption or whatever deems suitable to them. I will never raise any objection or made any claim over the baby in the future.

5. That I’ve been taken this decision to terminate my pregnancy out of my free will, choice and without pressure from anyone, after having understood all facts and surrounding circumstances about my case.

6. That the contents mentioned in paragraph from 1 to 5 are true and correct to the best of my knowledge and belief.

DEPONENT”

3. The contents of the affidavit are categorical, clear and express the strong determination of t