IMPORTANT POINT
The Court balanced the provisions of the MTP Act with medical evidence and the best interests of the mother and fetus in reaching its decision.

JUDGMENT

CM Appls. 1262/2024, 2627/2024 & 3561/2024

1. The Petitioner had approached this Court by filing the present writ petition i.e., W.P.(C) 16751/2023 for a direction to the Respondents to permit medical termination of her ongoing pregnancy under Section 3(2)(b)(i) read with 3 (3) and Section 5 of the MTP Act read with Rule 3B of the MTP Rules, 2003 in AIIMS Hospital, New Delhi immediately without disclosing her identity.

2. The Petitioner herein got married on 26.02.2023. However, unfortunately her husband passed away on 19.10.2023 due to some medical complications. The Petitioner came back her parents house. The Petitioner, thereafter, went for an ultrasound and found that she was pregnant for 20 weeks. Roughly two months, thereafter, in the month of December, the Petitioner decided not to continue with her ongoing pregnancy as the same will cause grave injury to her physical and mental health and due to material changes and circumstances in her marital life. Since the doctors of the AIIMS, New Delhi refused to terminate the pregnancy due to limitations under the MTP Rules, the Petitioner had approached this Court by filing the present writ petition.

3. Notice was issued in the writ petition on 22.11.2023. This Court on 22.11.2023 requested the AIIMS, New Delhi to constitute a medical board urgently to examine the condition of the Petitioner and give a report as to whether the Petitioner is in a condition to undergo the procedure for termination of her pregnancy and the matter was listed on 26.12.2023. On 26.12.2023, since the report from AIIMS, New Delhi was awaited, the matter was listed on 27.12.2023. On 27.12.2023, this Court, after considering the Medical Report and also the submissions of the learned Counsel for the Petitioner that the Petitioner is suffering from extreme trauma on account of the unfortunate demise of her husband, directed the Petitioner to undergo the Psychiatric evaluation at AIIMS, New Delhi on 28.12.2023 and requested the AIIMS, New Delhi to submit the report by 30.12.2023. On 30.12.2023, a report was received from the Department of Psychiatry of the AIIMS, New Delhi wherein it was stated that the Petitioner has been found to be suffering from severe depression with suicidal ideation and in view of the risk to self and foetus, the Petitioner and her family were advised admission in AIIMS, New Delhi. Resultantly, the Petitioner was admitted in psychiatry ward in AIIMS, New Delhi. A further report was also called from the Department of Psychiatry of the AIIMS Hospital, New Delhi as to whether in her state of severe depression with suicidal ideation, it would be detrimental to her health if this pregnancy is permitted to be continued for its full term.

4. A Psychiatric Evaluation Report was received from the Medical Superintendent, AIIMS. Relevant portion of the said report reads as under:

"In this regard it is informed that the Petitioner Ms. R had visited the outpatient department (OPD) of Psychiatry AIIMS on 28.12.2023 and expressed depressed mood and suicidal foeticidal thoughts after which she was admitted with mother as the nominated representative in view of risk of harm to self and others (foetus). On mental status examination, she had depressed affect and ideas of worthlessness, suicidal thoughts secondary to refusal to MTP, foeticidal thoughts with impaired judgement and insight 1/5. She was provisionally diagnosed as depression with problems related to death of spouse and a differential diagnosis of adjustment disorder was made. During admission patient and her mother repeatedly demanded of MTP refusing any treatment for her health. Later, the petitioner Ms. R and her mother took leave against medical advice. She was suggested to undergo treatment for her depressive symptoms and remain under supervision by family members. At this time, it cannot be speculated definitively whether the continuation of pregnancy can be detrimental to the petitioner's health from a psychiatric view point. Howev