A Difficult Choice: Delhi High Court Grants Woman Permission for Abortion
A 27-year-old woman in Delhi was recently granted permission by the Delhi High Court to
terminate her 22-week pregnancy. The court’s decision came after considering the woman’s
mental well-being and the challenging circumstances she faced.
Unforeseen Pregnancy and Financial Strain
The woman, a single mother raising a seven-year-old daughter, became pregnant in a short-lived
live-in relationship. She had previously been married, but her husband abandoned her and their
daughter. Financial hardship and the responsibility of raising a child alone led her to seek
termination of the unwanted pregnancy.
Legal Limits and Delays
However, due to the advanced stage of the pregnancy (22 weeks), doctors were unable to
perform the abortion under the Medical Termination of Pregnancy (MTP) Act guidelines. The
MTP Act generally allows abortions up to 20 weeks with a doctor’s consent, with exceptions for
up to 24 weeks in specific cases. The woman’s situation, arising from an unstable relationship
and financial constraints, did not qualify under the existing exceptions.
Mental Health Concerns and Right to Choice
The woman argued that the unplanned pregnancy caused significant mental distress. Justice
Sanjeev Narula acknowledged the social stigma surrounding unwed mothers and the woman’s
struggles as a single parent. He emphasized that the court must consider the “reasonably
foreseeable environment” for both the woman and the unborn child. This includes the woman’s
mental well-being and ability to care for another child.
The court highlight a woman’s right to bodily autonomy and reproductive choices, enshrined
under Article 21 of the Indian Constitution. This right, the court noted, encompasses the ability to
terminate a pregnancy that poses a risk to the woman’s health, including mental health.
Incomplete Medical Assessment
The All India Institute of Medical Sciences (AIIMS) initially assessed the woman’s health but
did not consider the impact of her social and economic situation on her mental well-being. The
court found this assessment incomplete and emphasized the need to consider the woman’s
specific circumstances.
Court’s Ruling and Importance of Comprehensive Evaluation
The Delhi High Court ultimately ruled in favor of the woman, allowing her to terminate the
pregnancy at a medical facility of her choice. This case highlights the importance of a
comprehensive evaluation of a woman’s health when considering abortion requests. It goes
beyond just physical health to encompass the woman’s mental well-being and the social and
economic context in which she lives.
