#India-Allow abortions up to 24 weeks, national women’s panel says

TNN | Feb 3, 2013, 04.33 AM IST

ORE National Commission For Women|Medical Termination Of Pregnancy Act|Abortion Law|24th Week Pregnancy|Women

NCW says no couple will wait till 20 weeks of pregnancy to abort a foetus on the basis of gender as such offenders wait for barely 12 weeks or so to seek abortion on the grounds that contraception had failed.

MUMBAI: The National Commission forWomen (NCW) has advised the Union health ministry to push the time limit for abortions from 20 weeks of pregnancy to 24.”The ministry had asked us to review the Medical Termination of Pregnancy (MTP) Act, 1971, and send our recommendation if any. We sent them the proposal last month,” NCW member Nirmala Samant Prabhavalkar said.

The recommendation on the NCW website says, “Keeping in view of the present scientific development in medical diagnostic technologies as well as social scenario, laws/statutes need to be revamped”.

While some experts feel extending the abortion time limit will be abused to commit female foeticide, NCW members are sure it will not. “No couple will wait till 20 weeks of pregnancy to abort a foetus on the basis of gender. Such offenders wait for barely 12 weeks or so to seek abortion on the grounds that contraception had failed,” Samant-Prabhavalkar said.

The NCW draft note goes on to say that a new situation demands new laws. “A woman may be raped or a minor may have become pregnant or a woman from a depressed class violated, a woman/girl deserted by partner who had promised to marry her — the present law does not address these special circumstances, hence the NCW feels it necessary to review Section 3- 5 of the MTP Act,1971,” the note adds.

Tweak law

Accordingly, the NCW wants that Section 3(2)(b) of the MTP Act to be tweaked to read, “where the length of the pregnancy exceeds 12 weeks but does not exceed 24 weeks”.

Incidentally, this was the lone recommendation the NCW made to the government.

Experts say the extended time limit will help couples with malformed foetuses to take a call. “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. So a 24-week limit seems fair,” said Dr Nikhil Datar, who had supported his patient Niketa Mehta to move the court in 2008 for abortion after a cardiac defect was detected in the foetus in the 24th week of gestation. The plea was turned down by the court, but she miscarried thereafter. The foetus reportedly had severe heart problems.

In brief:

* On August 4, 2008, the Bombay high court dismissed Niketa Mehta’s plea for abortion as the foetus had a congenital heart problem. The defect was detected in the 24th week

* The bench said the court could just interpret the law and not make the law

* The Centre is reviewing the MTP Act

* The NCW studied MTP laws in the US and the UK and consulted doctors before recommending that 3(2)(b) of the MTP Act should be changed to allow abortions up to 24 weeks

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