SC hints at extension of permissible 20 weeks for Abortion of Terminally ill Foetus in MTP

24 Jun 2017

Categories: Latest News

June 24,2017:

Nearly 2 to 3% of all births of 2.6 Crore in India have severe congenital or chromosomal abnormality.

On Friday, Supreme Court expounded that the legally permissible period of 20 weeks for allowing a pregnant lady to abort must be stretched to allow women to abort terminally ill foetuses beyond that period prescribed under the Medical Termination of Pregnancy (MTP) Act.

Apex Court Vacation Bench comprising of Justice D Y Chadrachud and Justice Sanjay Kishan Kaul agreed to hear the plea of a Kolkata based lady seeking its permission to abort her 25-week foetus which has a congenital defect and has directed a medical board constituted by the West Bengal Government to file the report on medical condition of lady and her foetus.

Apex Court further added that quality of the life of a woman after the pregnancy should also be considered while deciding her plea of the abortion.

Supreme Court Bench has asked Medical Board to file its report by June 29,2017 when it would take a call on whether lady should be allowed to undergo the abortion.

The Delay in amending MTP Act to provide women a wider window to abort terminally ill foetuses is forcing many to move Supreme Court for the permission to end their pregnancies that are beyond legally permissible termination period of the 20 weeks.

Taking note of distress plea of Petitioner, Sarmishtha Chakraborty, Apex Court bench had sought response from West Bengal Government.

Petitioner stated that the congenital illness was detected on May 25,2017 when foetus was more than 20 weeks old. The illness was confirmed a week later.

A bill of 2014, pending in the Parliament, proposes to extend legally permissible period for the termination of the pregnancy to time period of 24 weeks.

SC in past years has permitted most of the women with the abnormalities in their over 20-week pregnancies to terminate.

Link of India’s Abortion Law