By Our legal Correspondent
New Delhi, Jan 24 (IVC) The Honorable High Court of Delhi on January 23 has recalled its January 04 order granting permission to a widow to terminate her 29-week-old pregnancy , as against the statutory limit of 20 weeks for termination of pregnancy.
The permission was granted by the High Court as the woman was going through “immense trauma” and showing “suicidal trendies” after the death of her husband, the court observed. The court said the 26-year-old-woman who is into 32 weeks of gestation can go to either the All India Institute of Medical Sciences (AIIMS) or any Central or State hospital to undergo delivery.
“If the petitioner (woman) is inclined to give the newborn child in adoption, then as suggested by Aishwarya Bhat, Additional Solicitor-General, the Union of India shall ensure that the process of adoption takes place at the earliest and in a smooth fashion”, the court ordered.
Ms Bhatia assured the court that the Centre would give all assistance and pay all medical costs and other incidental charges of delivery. The court rejected the contention of the woman that the AIIMS must be directed to go ahead with the feticide.
The court passed the order on a plea by both the Centre and the AIIMS, urging the court to consider protecting the right to life of the unborn child so that the child has a fair chance of survival.
The AIIMS, where the woman was examined, later submitted a report to the court, saying, “Feticide , in this case, is neither justified nor ethical as the fetus is grossly normal.” The Medical Board at the AIIMS said the Psychological Assessment Report of the woman is suggestive of a normal individual as like others. The report also indicated that the woman is suffering from depression. It further said the psychiatrist who has evaluated the woman has not given any report suggesting that the ongoing pregnancy and delivery will cause a grave injury to her mental health, which is necessary for giving permission for termination of pregnancy exceeding 20 weeks.
