New Delhi: The All India Institute of Medical Sciences (AIIMS) has expressed reservations about a Delhi High Court order permitting abortion to a 31-week pregnant woman.
In an application filed Monday before the high court, the hospital said the “fetus is grossly normal” and, therefore, “feticide” in the case “is neither justified nor ethical”.
The application, asking the court to give appropriate directions in view of the hospital’s latest opinion, refers to 23 December, 2023 report that opined against termination of the pregnancy saying the fetus’s gestational age was 29 weeks at that date.
Yet, the court in its 4 January order permitted the woman to terminate her pregnancy under the Medical of Termination Pregnancy Act (MTP).
The order delivered by a bench of Justice Subramonium Prasad observed that the woman’s marital status changed due to the death of her husband. It also took into account her psychiatric evaluation report which indicated she was suffering from extreme trauma.
“Condition of the petitioner can result in her losing her mental balance and she can harm herself in the process,” said Justice Prasad’s 4 January order.
On Monday, Justice Prasad again heard the hospital’s application and sought yet another report on the woman’s physical and mental well-being. The court said the woman should be given counselling for the next three days and fixed 19 January to hear the matter again.
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Arguments in the case
The HC’s 4 January order came on a petition filed by the woman who lost her husband on 19 October last year— eight months after her marriage. At her parents’ house, she went for an ultrasound on 31 October to find that she was 20-week pregnant.
In December, the woman decided against continuing the pregnancy and approached doctors for a medical termination. Since the gestation period was over 24 weeks by then, the woman was not allowed medical termination under the MTP law.
The woman then approached the high court, which on 22 December directed the AIIMS to constitute a medical board. Submitted a day later, the medical report ruled out termination on the grounds that the law prohibits termination of pregnancy beyond 24 weeks of gestation.
During the hearing on 27 December, the court was informed that the woman suffered from extreme trauma due to the demise of her husband.
This led the court to conduct the woman’s psychiatric evaluation at the AIIMS. When the report indicated that the woman was going through immense trauma and showed suicidal tendencies, the high court on 4 January permitted her to undergo the termination procedure at the AIIMS.
However, on 6 January, the medical board requested the HC for appropriate management of the newborn after delivery. The board conveyed that the period of gestation was over 30 weeks and is a viable one.
On 9 January, the court once again asked the AIIMS to conduct a psychological evaluation of the woman and submit a report.
In its 12 January report, which is mentioned in the hospital’s recall application submitted Monday, the AIIMS said as a care provider, it is committed to providing the best possible care to the mother and the fetus.
“Taking cognisance of the fact that the patient has severe depression with suicidal ideations, it is strongly recommended that she is admitted and treated on priority,” read the application, adding that the outcome of “severe depression with suicidal ideation cannot be predicted at present or post-delivery”.
The report advises against the inducement of labour to the woman for a preterm delivery, saying it has a high chance of failure and may lead to caesarean section. This, it added, may have serious implications for the woman’s future pregnancies.
Another review meeting of the medical board was held on 13 January, in which it was again felt that it was advisable for the woman to continue with the pregnancy for another two-three weeks for the betterment of her health and the fetus.
(Edited by Richa Mishra)
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