R v. The Union Of India & ORS.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2242/2025 and CM APPL.10463/2025 (Stay) R .....Petitioner Through:

Dr. Amit Mishra, Mr. Rishabh Khurana and Mr. Amit Rana, Advs.

Petitioner in person (through v/c) versus THE UNION OF INDIA & ORS.

.....Respondents Through:

Ms. Monika Arora, CGSC, Ms. M. S.

Mahamaya Chatterjee, GP, Mr.

Subhrodeep Saha and Mr. Prabhat Kumar, Mr. Akash Dubey, Advs. for R-1.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 24.02.2025

O R D E R

1.

Pursuant to the order dated 20.02.2025, a report of the Medical Board, AIIMS has been produced. The Medical Board has opined that termination of the pregnancy is not desirable in the present case. The justification for the same is as under:

"The medical board reviewed the case. A review USG was performed which showed no gross congenital malformations. As the pregnancy is currently of 33 weeks and 6 days, the pros and cons of terminating at this stage has been discussed with the petitioner and her daughter. It has been informed that the preterm induction of labour carries a higher chance of caesarean section, which would be harmful for the lady in her future obstetric life. Also, the baby who would be born has a better outcome at terms. In view of the same, the petitioner and her daughter have been counselled that it is better to plan the termination at term gestation. The woman has also been given option of providing antenatal care and delivery."

2.

Learned counsel for the petitioner submits that the petitioner has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:46:54

counselled pursuant to the opinion of the Medical Board and has accepted the same. He only prays that antenatal care be directed to be given to the petitioner and also delivery should be permitted to be carried out in AIIMS hospital.

3.

Given the peculiar circumstances of the case, AIIMS is requested to provide requisite antenatal care and also facilitate / arrange for delivery in AIIMS, as and when the same is due.

4.

Learned counsel for the petitioner submits that the petitioner is desirous of giving up the child for adoption upon birth. The said aspect is beyond the scope of the present petition. However, liberty is granted to the petitioner to file a fresh petition seeking appropriate direction/s in this regard.

5.

No further order is required to be passed in the present petition. The same is accordingly, disposed of. Pending application also stands disposed of.

SACHIN DATTA, J FEBRUARY 24, 2025/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:46:54