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Abortion has emerged as a very controversial topic of discussion at almost every court of law in India and across the world. The Calcutta High Court, the Supreme Court both have rejected applications for abortions above the 20 week mark in spite of cases with exceptional circumstances. There have been instances in which rape victims too are not allowed to terminate their pregnancy. Advocate Amit Sahni moved the Delhi High Court time limit for terminating the pregnancy of her own accord should be extended to 24 or 26 weeks, which gives sufficient time to check for any abnormalities or health defects.
The Medical Termination of Pregnancy (MTP) Act is the most important legislation in this regard and which prohibits termination of pregnancy in case foetus is suffering from severe abnormality after a period of 20 weeks.Section 3 provides that a registered medical practitioner can terminate pregnancy of 12 weeks, while a pregnancy between 12 weeks and 20 weeks can be terminated if not less than two registered medical practitioner state that it has substantial risk to the health of the mother or the child. Advocate Sahni has sought the extension for the teriminatio of pregnancy by 4-6 weeks , bringing suitable amendment to Section 3(2)(b).
In 2014, the National Commission for Women had recommended to the government the extension of the time from 20-24 weeks. This was however, never tabled in the Parliament. He brought to light the fact that illegality prohibition on abortion after 20 weeks forces women to terminate pregnancy in an unsafe manner. The Advocate stated that out of the 2 crore children born in India 17 Lakhs are born with birth defects i.e. such children are suffering from foetal abnormalities, which are detected in foetus itself. These tests to check the abnormalities are done in the 20th week itself. If that this some abnormalities are discovered the woman is still forced to carry pregnancy due to bar provided in section 3 (2) of MTP Act. Several countries such as France, the UK and Italy, and even Nepal allow abortion after 20 weeks if foetal abnormalities are discovered.Also countries such as Canada, Germany and Vietnam, allow abortion at any time if the request is based on social or medical reasons.
If this request for the extension of the limit for abortion is passed it will be a huge step towards the development of women and their rights.
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