HC seeks Centre's reply on PIL for raising 20-week period to terminate pregnancy

The Delhi High Court sought the Centre's response Tuesday on a PIL for raising the time limit for terminating pregnancy in case of health risk to the mother or the foetus to 24-26 weeks, from the current cap of 20 weeks.

A bench of Chief Justice Rajendra Menon and Justice Brijesh Sethi issued notices to the health and law ministries as also the National Commission for Women and sought their stand on the plea which contends that unmarried females and widows too should be allowed to undergo legal abortion.

The court said the issue needed consideration and listed it for further hearing on August 6.

The petition was filed by social activist and advocate Amit Sahni seeking direction to the ministries to apprise the court as to when the Medical Termination of Pregnancy Act, 1971 would be amended in terms of the proposed draft amendment of 2014 by changing the provision that does not allow abortion beyond the 20-week pregnancy.

It has sought that the 20-week pregnancy restriction be replaced with 24-26 weeks by way of bringing an appropriate amendment in the law.

Section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act prohibits abortion of a foetus after 20 weeks of pregnancy.

It has said the existing provision of law deals with situations where pregnancy is caused by rape or due to failure of a contraception method used by married woman or by her husband.

"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," it has said.

The petition has added that unmarried women or widows be also held equally entitled to terminate the pregnancy under the law.

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.