Reproductive autonomy includes the right to terminate a pregnancy when facing material changes in circumstances, balanced against mental health considerations.

JUDGMENT (ORAL)

1. Petitioner has approached this Court for a direction to the Respondents to permit medical termination of the ongoing pregnancy of the Petitioner under the Medical Termination of Pregnancy Act, 1971 and the Medical Termination of Pregnancy Rules, 2003 .

2. The facts of the case reveal that the Petitioner got married on 26.02.2023. It is stated that the husband of the Petitioner passed away on 19.10.2023. It is stated that the Petitioner came back to her parents’ house and when the Petitioner went for an ultrasound on 31.10.2023 it was found that the Petitioner is 20 weeks pregnant. It is stated that in December, the Petitioner decided not to continue the ongoing pregnancy and approached the doctors for medical termination of her pregnancy. Since the gestation period of the Petitioner was over 24 weeks, the Petitioner was not allowed to medically terminate her pregnancy. The Petitioner has, thereafter, approached this Court by filing the present Writ Petition.

3. This Court on 22.12.2023 directed the All India Institute of Medical Sciences to constitute a medical board to examine the condition of the Petitioner and to give a report as to whether the Petitioner is in a condition to undergo the procedure for termination of pregnancy. Pursuant to the directions of this Court, a Medical Board was constituted and the Petitioner was examined by the Board. A report dated 23.12.2023 of the Medical Board from AIIMS Hospital has been received. As per the Report of the Medical Board, the fetus is 29 weeks by date. The Medical Board has opined against the termination of the pregnancy of the Petitioner on the ground that Clause 3B(c) of the MTP Rules, 2003 permits medical termination of pregnancy only up to 24 weeks of gestation.

4. When the matter came up for hearing on 27.12.2023, it was submitted to this Court that the Petitioner is suffering from extreme trauma due to unfortunate demise of her husband and Psychiatric evaluation of the Petitioner should be conducted at the AIIMS. Accordingly, the Medical Superintendent, AIIMS Hospital was requested to get the Psychiatric evaluation of the petitioner done and file a report.

5. A Psychiatric evaluation report has been filed by the Medical Superintendent. 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. However, she may be advised to undergo treatment for her mental condition tor avoiding detrimental condition to her health.” (emphasis supplied)

6. The short question which, therefore, arises for consideration is as to whether this Court should permit the Petitioner to undergo termination of her pregnancy or not