Document Fragment View

Matching Fragments

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:

W.P.(C) 16751/2023 Page 2 of 10
This is a digitally signed order.
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 04/01/2024 at 23:04:45 "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."

9. The Psychiatric evaluation Report of the Petitioner given by the AIIMS shows that the Petitioner is going through immense trauma and is showing suicidal tendencies.

10. The Apex Court in X vs. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and Another, 2022 SCC OnLine SC 1321, while considering Rule 3B of the MTP Rules and more particularly Rule 3B(c) of the said Rules has observed as under:

11. There is a change in the martial status of the Petitioner. The Petitioner has become a widow. The Psychiatric evaluation Report of the AIIMS indicates that the Petitioner is suffering from extreme trauma due to the death of her husband. Condition of the Petitioner can result in the Petitioner loosing her mental balance and she can harm herself in the process.