Abortion till 24 weeks may become legal soon

Consistent efforts of the National Commission of Women (NCW) and the doctor fraternity to make changes in India's abortion law have finally borne fruit. The ministry of health and family welfare's maternal health division has proposed to amend the existing Medical Termination of Pregnancy Act, 1971, to allow abortion until the 24th week of pregnancy.

The proposed Act, which will be called the Medical Termination of Pregnancy (Amendment) Bill, 2014, has been put up on the website of the health ministry for people to review till November 10, after which the draft will be finalised.

As reported by dna in February 2013, the NCW, after reviewing the Medical Termination of Pregnancy (MTP) Act, 1971, recommended to the union health ministry that abortions till the 24 week of pregnancy may be allowed.

What does the amendment say?
Dr Nikhil Datar, a gynaecologist and health rights activist who has been actively fighting for the cause said, "The proposed amendment is a welcome move as the new Act's section 4, 2 (b)(ii) talks about MTP after twenty weeks and not exceeding 24 weeks of pregnancy in case the pregnancy is risking the woman's life physically or mentally, or poses a substantial risk to the unborn child."

Further, the amended Act talks about the 24-week MTP on the grounds that a pregnancy which is the result of rape or due to the failure of contraceptive methods will be considered a grave injury to the mental health of the pregnant woman. It states that diagnosis of any substantial foetal abnormalities after 20 weeks till 24 weeks will be considered for MTP.

The case that triggered debate on abortion law
According to gynaecologists, the move has come late, but is a beacon of hope for several women like Niketa Mehta. In August 2008, Bhayander resident Niketa and her husband Haresh had approached the Bombay high court in the 24th week of her pregnancy seeking permission to abort her foetus, which had developed a congenital heart defect. The plea was refused, but she later suffered a miscarriage. The case triggered a national debate on the abortion law.

"Most cardiac anomalies can only be detected after 22 weeks of pregnancy. Thereafter, the parents need time to talk it out with family and friends. This will ensure quality life to the unborn child," said Dr Datar, who was Mehta's doctor and had supported her decision to move court for abortion after the cardiac defect was detected.

Boon for women, say doctors
The old Act allows MTP till the 20th week of pregnancy. Medical experts in India have been demanding that a few abnormalities should be included as a valid reason for MTP after 20 weeks and therefore empower the woman to take the decision.

Dr Rishma Dhillon-Pai, consultant gynaecologist at Jaslok Hospital, says the period between 20 weeks and 22 weeks offers good opportunities to check for anomalies in foetuses through a sonography. "We generally ask a patient to undergo tests around the 18th week to find abnormalities. Some reports take three weeks and we lose out on the MTP cut-off time. A little extension will be a boon to a lot of women," said Dr Pai.

With the amended law, doctors also feel that it should be used judicially and ethically. Dr Ashwini Bhalerao, gynaecologist at PD Hinduja Hospital said, "It is true that some anomalies are picked only at later stage of pregnancy. MTP should be allowed in certain conditions. Our law is very liberal and in good faith. MTP has been a disputed issue worldwide. Doctors and patients should use the law ethically and judicially."