Hon’ble Supreme Court has agreed to examine the constitutional validity
of the law that bans abortions after 20 weeks of pregnancy unless
there’s an immediate threat to the would-be mother’s life. The Supreme
Court on 5-8-2014 has decided to hear arguments on a plea seeking to
extend the 20-week legal limit for abortion under the Medical
Termination of Pregnancy (MTP) Act, 1971.
The
Medical Termination of Pregnancy Act, 1971, allows abortions only till
the 20th week of pregnancy for reasons such as severe foetal
abnormalities or a grave risk to the pregnant woman’s health.
A
bench headed by Justice Ranjan Gogoi posted the matter challenging the
legal provision. Medical experts and women’s activists have for years
been recommending that abortions be allowed beyond 20 weeks in case of a
risk to the pregnant woman’s mental or physical health — even if it is
not life-threatening — or severe foetal abnormalities. This is in line
with the law in most countries where abortions are legal.
Senior
advocate, appearing for petitioners Mrs X and Mrs Y (who suffered due
to such provision), argued that the existing 20-week limit under the MTP
Act violated women’s rights to bodily integrity as even in the case of
severe foetal abnormalities, it forced women to carry pregnancies. He
argued that with the advancement in technology, the restriction did not
hold good as the abnormalities in the foetus could be detected earlier.
Three
people have approached the Supreme Court, seeking an extension of the
limit on abortion from 20 to 28 weeks. Patient Mrs. Niketa Mehta in year
2008 approached Hon’ble Bombay High Court for allowing her to undergo
abortion after a cardiac defect was detected in the foetus in the 24th
week of gestation. However, at that time her petition was rejected by
the Hon’ble Bombay High Court stating that provisions allowing MTP up to
20 weeks are constitutional, valid and legal.
However,
in present petition before Hon’ble Supreme Court, it is argued that,
the legislation was made on the basis of a study carried out in 1971.
The Medical Termination of Pregnancy (MTP) Act also came into force in
1971. Now, with advanced technology, there is no harm in women going for
abortion at any stage. Even a committee of experts has suggested that
extension will cause no mental or physical harm.
The
National Commission for Women, the Federation of Obstetricians and
Gynecologists of India (FOGSI), the international community and women's
groups agree that the 20-week limit imposed by the MTP Act is
irrational, outdated and unconstitutional. Out of the 26 million births
that occur in India every year, approximately 2-3 per cent foetuses have
a severe congenital or chromosomal abnormality, the petition said.
Most
countries, which have legalised abortion, allow termination after 20
weeks in case of severe foetal abnormalities or to protect the mental or
physical health of a pregnant woman.
However,
it is pertinent to note that the period between 16 and 20 weeks is the
ideal time to check for anomalies in foetuses through Sonography.
Doctors generally ask a patient to undergo tests around the 18th week to find abnormalities.
It
is true that some anomalies are picked only at a later stage of
pregnancy but don't know whether raising MTP to the 28th week will be a
good decision.
Mumbai (Bombay) Time
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