Context:

The Delhi High Court issued notice to the Centre on a petition seeking to raise the time period for terminating pregnancy in case of health risk to the mother or the foetus from the current cap of 20 weeks to 24-26 weeks.

Medical Termination of Pregnancy Act 1971:

• MTP Act allows women to go through abortions up to 20 weeks. For cases beyond the current time period, permission of a High Court is required.
• However, courts can make exceptions if abnormalities are detected and if there is a substantial risk to the mother’s life and health. A pending bill in Parliament proposes to amend the MTP Act to extend it to 24 weeks.
• MTP Act, 1971 is totally silent about termination of pregnancy of unmarried females and widows but it makes termination of pregnancy as an offence punishable under Indian Penal Code if the same is not done in accordance with the Act.

Issue:

• Medical Termination of Pregnancy (MTP) Act, 1971 completely prohibits termination of pregnancy in case foetus is suffering from severe abnormality even after a period of 20 weeks.
• The foetal abnormalities are detected appropriately between 18 to 20 weeks and the period of one-two weeks is too small for the would-be parents to take the difficult call on whether to keep their baby or to abort the same.
• Even if the foetus is scanned and found positive with serious abnormalities, the woman is forced to carry pregnancy due to bar provided under MTP Act.
• The abortion beyond a period of 20 weeks is permitted only if continuing the pregnancy poses a substantial risk to the woman’s life. But the law does not take care the factum of serious abnormalities suffered by the child in the womb and detected after 20th week.
• The lack of legal approval moves abortion to underground [illegal manner] and they are done in unhygienic conditions by untrained persons, thus putting thousands of women at risk.
• MTP Act, 1971 is totally silent about termination of pregnancy of unmarried females and widows but it makes termination of pregnancy as an offence punishable under Indian Penal Code if the same is not done in accordance with the Act.

Abortion laws in other countries:

• Many European countries, including France, U.K. and Italy and even neighbouring country Nepal allow abortion after 20 weeks if foetal abnormalities are discovered.
• Twenty-three countries, including Canada, Germany and Vietnam, allow abortion at any time if the request is based on social or medical reasons.

Details:

• Responses were sought from the Health and Law Ministries, and the National Commission for Women on the plea.
• The petition filed by social activist and advocate has contended that unmarried females and widows too should be allowed to undergo a legal abortion.
• It has pleaded the court to hold that the right to abort the pregnancy is a fundamental right of the woman’s body sovereignty and each woman has the sole right to make decision about her body in the context of carrying such pregnancy or to terminate the same, subject to checks as provided under the MTP Act or further checks, which may be provided.
• The plea has also sought directions to deal with cases pertaining to termination of pregnancy where anomaly is detected after 16 weeks on fast track basis under MTP Rules to ensure that woman must not suffer due to administrative delay in taking decision or giving consent for termination of pregnancy.
• The Supreme Court, in 2017, had declined to amend the Act which prohibits termination of pregnancy beyond 20 weeks, saying that the issue fell within the legislative realm.