Extend Time Limit For Abortion: Advocate Moves Delhi HC, Says 20-Week Limit Not In Favour Of Woman, Child

In January this year, the Calcutta High Court rejected a woman's petition to terminate her 26-week-old foetus that would be born with Down's Syndrome as it felt that the right to life of a 26-week-old foetus outweighed the mental trauma of the mother.

In April 2017, the Supreme Court refused to allow a woman to abort her 27-week foetus diagnosed with polyhydramnios with Arnold Chiari malformation Type 2 severe hydrocephalus with lumbosacral meningo myelocele and spinabifida with tethered cord.

In many cases, rape victims are not allowed to terminate the pregnancy if it is over 20 weeks and does not pose any risk to the life of the woman.

Moved by these cases, advocate and activist Amit Sahni moved the Delhi High Court on Monday saying the trend of the State (through its laws) forcing women to continue with the pregnancy and deliver babies with severe health defects should be checked and the time limit for terminating the pregnancy of her own accord should be extended to 24 or 26 weeks.

"How can State force a woman to deliver a child if she does not wish to? How can State force a child to also struggle all along," Sahni questioned in his petition which was mentioned on Monday before a bench headed by Chief Justice Rajendra Menon.

MTP Act hasn't evolved with medical science

Sahni questions the practicality of the Medical Termination of Pregnancy (MTP) Act which prohibits termination of pregnancy in case foetus is suffering from severe abnormality after a period of 20 weeks.

The MTP Act was enacted in the year 1971. Section 3 provides that a registered medical practitioner can terminate pregnancy of 12 weeks, while a pregnancy between 12 weeks and 20 weeks can be terminated if not less than two registered medical practitioner are of the opinion it is injurious to the health of the mother or if there is substantial risk that the child would suffer severe abnormalities.

For any pregnancy after 20 weeks, the woman has to move court as voluntarily causing miscarriage is a penal offence under Section 312 IPC.

Sahni says the laws are not practical as most of the tests/scans to identify any severe abnormality or genetic disorder are conducted after 20 weeks of pregnancy and even as the medical science has developed significantly in these 48 years, the law on termination of pregnancy has not evolved.

He has sought direction to the Centre extend the length of pregnancy from 20 weeks, as provided in the MTP Act, by a further period of 4-6 weeks by bringing suitable amendment to Section 3(2)(b).

Sahni also rues how despite the National Commission for Women recommending extending the time limit for abortion, the government inviting public opinion the Draft MTP (Amendment Bill 2014) way back in year 2014 which extended the time limit from 20 to 24 weeks, the same was never tabled in Parliament.

Stressing on how illegality prohibition on abortion after 20 weeks forces women to terminate pregnancy in an unsafe manner, he says, "As per the research paper published in Lancet Global Health Medical Journal in 2017 about 1.6 Crore abortions are conducted in India and out of which 81% are conducted in unsafe manner at home or by unregistered medical practitioner. It is further worthwhile to mention here that 13 women die every day due to unsafe abortions.

"Out of 2.7 Crore children born in India, 17 Lakhs are born with birth defects i.e. such children are suffering from foetal abnormalities, which are detected in foetus itself. Most of the test/scan are done in 20th week of pregnancy for proper diagnose and results and sometimes treatment is also prescribed to cure the abnormalities but not in all cases the results are positive. Even if the foetus is scanned and found positive with serious abnormalities viz. Down Syndrome or 21 trisomy, dextroversion, congenital malformation, microcephaly, spina-bifida or other genetic disorders etc., the woman is forced to carry pregnancy due to bar provided in section 3 (2) of MTP Act."

It is to be noted that many European countries, including France, the UK and Italy, and even Nepal allow abortion after 20 weeks if foetal abnormalities are discovered. Besides, 23 countries, including Canada, Germany and Vietnam, allow abortion at any time if the request is based on social or medical reasons.