Spike in abortion cases hints at need to amend rules: Doctors

Earlier this week, the Apex Court ruled in favour of a woman who wanted to terminate her 24-week pregnancy due to abnormalities in the foetus that could endanger her life. Last year, a rape survivor had approached the court to terminate a 24-week pregnancy. 

Experts say that these cases highlight the need for amended laws. The current law, MTP Act, 1971, with the amendments made in 2002, allows termination only till the 20th week. 

However, there are amendments that have been made to the law, increasing the upper limit of gestation period to 24 weeks for termination on proven grounds. But, the amendment, approved by the Health Ministry, is yet to be passed by Parliament. 

A city-based senior gynaecologist, Dr Nithiya Ramamoorthy, says that giving the mother the choice to terminate, after relevant diagnosis and investigations at government approved centres, was paramount. 

“They might otherwise approach unqualified practitioners who resort to dangerous means for ending the pregnancy. I have come across cases, where sticks were inserted and the uterus was perforated by quacks as abortion methods,” she says. 

She adds that there are advanced tests like BoB test (to identify birth defects) and two check scans done to confirm the anomaly before any decision is taken. “It is a huge mental trauma and no mother wants to continue with it,” she says. D Nagasaila, advocate, added that laws must change with times. 

“The earlier law had a cut off time till 20th week because the existing technology supported safe termination then. But now with advanced technology and tests, we can spot anomalies even later. In any given case, the primacy is the safety of the mother’s life. If used ethically, then why not have the law that helps them rather leave them in despair?” she asked. 

However, another senior doctor, on condition of anonymity, pointed out that the existing MTP laws were liberal. “As such even 22 weeks are being passed as 20 weeks now. When the entire gestation period is 40 weeks, 24 weeks is too risky a call. There is no guarantee that 26 weeks or 28 weeks will not be passed as 24 weeks for the sake of abortion,” she said.