About My Health Careers Internship MedBlogs Contact us
Medindia LOGIN REGISTER
Advertisement

Delhi HC to Hear Plea to Enhance 20-week Period for Termination of Pregnancy

by Colleen Fleiss on May 30, 2019 at 12:12 AM
Font : A-A+

Delhi HC to Hear Plea to Enhance 20-week Period for Termination of Pregnancy

Delhi High Court had agreed to hear plea seeking to increase the prescribed length of a pregnancy from a period of "20 weeks to 24 weeks".

A division bench of Chief Justice Rajendra Menon and Justice Brijesh Sethi said it will hear the plea on Tuesday. The plea filed by social activist and lawyer Amit Sahni was mentioned before the bench on Monday.

Advertisement


In his plea, Sahni has sought direction to the government to replace or suitably extend the length of pregnancy from "20 weeks" by a further period of four to six weeks by bringing suitable amendments in Section 3(2)(b) of Medical Termination of Pregnancy (MTP) Act.

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

"There is substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped," the plea said.
Advertisement

Where pregnancy is caused by rape or due to failure of a device used by a married woman or by her husband, the MTP Act is totally silent on it, the plea said adding that it makes termination of pregnancy as an offence punishable under Indian Penal Code if the same is not done in accordance with the MTP Act.

The plea said that the fetal abnormalities are detected appropriately between 18 to 20 weeks and the period of one-two weeks is too less for the would-be parents to take the difficult call on whether to keep their baby or to abort it.

"...the lack of legal approval moves abortion to the underground (illegal manner) and they are done in unhygienic conditions by untrained persons, thus putting thousands of women at risk," read the plea.

It also demanded empowering of women with sexual rights, legal protection against sex crimes and sex choices both in their own interest and for the sake of reducing the fertility rate as a whole.

It said that 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 consider the factum of serious abnormalities suffered by the child in womb and are detected after the 20th week.

Sahni has cited Supreme Court judgments that a woman's right to privacy, dignity and bodily integrity should be respected. He also mentioned many European countries including France, UK and Italy and even Nepal which allow abortion after 20 weeks if fetal abnormalities are discovered.

He requested 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 a decision about her body in the context of carrying on a pregnancy or to terminate the same, subject to checks as provided under the MTP Act or further checks, which may be provided.

Sahni also pleaded that unmarried women and widows are equally entitled to terminate a pregnancy under the MTP Act.

Source: IANS
Advertisement

Advertisement
News A-Z
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
News Category
What's New on Medindia
Ten Fruits for Diabetics
Natural Supplements Help Reverse Hair Loss during Menopause
Ways to Manage Stress during COVID-19 Pandemic
View all

Medindia Newsletters Subscribe to our Free Newsletters!
Terms & Conditions and Privacy Policy.

More News on:
Trimester of pregnancy Pregnancy and Exercise Home Pregnancy Test Pregnancy Psychological Changes In Pregnancy Drugs in Pregnancy and Lactation Breech Presentation and Delivery Air travel: To fly or not to fly Pregnancy and Antenatal Care AIDS and Pregnancy 

Recommended Reading
Abortion
Abortion is one of the most controversial topics in medicine. Legalization of abortion in several .....
Quiz on Abortion
Statistics say that approximately 42 million abortions are done every year, worldwide. So take this ...
UK Researchers Trace Link Between Intimate Partner Violence and Termination of Pregnancy
Intimate partner violence in women sometimes known as domestic violence which could be physical, ......
Surgical Termination Of Pregnancy More Acceptable For Women In Second Trimester
Women seem to prefer surgical termination of pregnancy to medical termination in the second ......
AIDS and Pregnancy
The Acquired immune deficiency syndrome is brought about by the deadly human immunodeficiency virus....
Air travel: To fly or not to fly
Air travel is for everyone, even those with medical conditions....
Breech Presentation and Delivery
Breech birth or presentation is delivery of the fetus in a bottom or foot-first position. Causes of ...
Drugs in Pregnancy and Lactation
During pregnancy & lactation a nutritious diet, suitable exercise, adequate rest and a tranquil mind...
Home Pregnancy Test
A home pregnancy test is a test done to find out if one is pregnant or not in the relative comforts ...
Pregnancy
Detailed look at Early pregnancy Symptoms and easy health solutions during 1st, 2nd and 3rd trimeste...
Pregnancy and Antenatal Care
What is Antenatal care and its importance during pregnancy for mother and baby, with details on the ...
Psychological Changes In Pregnancy
Pregnancy is an experience of growth, change, enrichment and challenge. During the 40 weeks of pregn...
Trimester of pregnancy
Encyclopedia section of medindia explains in brief about confirmation of pregnancy in first ......

Disclaimer - All information and content on this site are for information and educational purposes only. The information should not be used for either diagnosis or treatment or both for any health related problem or disease. Always seek the advice of a qualified physician for medical diagnosis and treatment. Full Disclaimer

© All Rights Reserved 1997 - 2021

This site uses cookies to deliver our services. By using our site, you acknowledge that you have read and understand our Cookie Policy, Privacy Policy, and our Terms of Use