Aborting 24-week foetus to be legal

Abortion till 24 weeks may soon become legal in India, but only under special circumstances. This is four weeks more than the 20 weeks now permitted. The government, in newly-proposed amendments to the Medical Termination of Pregnancy Act, has suggested enhancing the period of abortion for the “vulnerable”, including the physically challenged, rape victims, mentally challenged and cases where there is a threat to the child or the mother. The draft law, which is likely to come before the Cabinet soon, will also permit homeopaths and midwives to carry out “non-invasive” termination of pregnancy.

“After taking into consideration all the comments and suggestions by other stakeholders, we are ready with the final draft and will soon approach the Cabinet. The amendments will extend the cap of abortion from 20 to 24 weeks, but for vulnerable categories only. The additional providers have also been added in the bill,” sources in the ministry said.

On Monday, the Supreme Court, in a landmark verdict, gave permission to a 24-week pregnant woman and rape survivor to have an abortion. The order questioned the constitutional validity of the MTP Act that now allows abortion only up to the 20th week. Eight years ago, a raging debate started after Mumbai-based couple Haresh and Niketa Mehta made headlines with their plea to abort their 26-week foetus diagnosed with a congenital defect. While the Bombay high court did not grant permission to the couple, the case triggered a debate on the archaic law.

Government figures show that of the six million abortions conducted every year in India, 55-60 per cent are unsafe, with younger people becoming prey to the complications. Unsafe abortions contribute to 8.8 per cent of the total maternal deaths.

The MTP Act in India came into existence in 1971 and was amended in 2003 to facilitate better access to women.

After much dilly-dallying, the government is now ready with a new set of amendments. Significantly, the women and child development ministry, the National Commission for Women and other women’s groups have so far backed the draft bill.

“Approximately 64 per cent of the responses received by the ministry, including the ministry of women and child development and the National Commission for Women, are in favour of the draft. Women’s organisations too have supported it,” a source said.