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Notice was given to the National Commission for Women and the Centre regarding the response to a PIL calling for extension of time limit for terminating the pregnancy on a women's own will to 24 or 26 weeks from the present 12 weeks. This was in response to the PIL filed by advocate Amit Sahni. Advocate Sahni had filed the petition to amend the Medical Termination of Pregnancy Act which bars abortion post 20 weeks even if the foetus is found to have genetic abnormalities like Down Syndrome. This rule is not changed even when it is injurious to the health of the mother or if there is substantial risk that the child would suffer severe abnormalities.
It has been contended that the provision is not practical as the tests do not detect the severe genetic abnormalities like Down Syndrome or 21 trisomy, dextroversion, congenital malformation, microcephaly, spina-bifida or other genetic disorders. These tests are conducted only after the completion of 20 weeks, at which time the woman cannot terminate her pregnancy even if she wants to. He also stated there may be instances in which the women has reached the twentieth week of pregnancy but cannot continue the same way of life due to various reasons such as the death of a spouse or the other marital problems. Advocate Sahni also relied on various other precedents in which abortion was not allowed in even exceptional circumstances.
The question of abortion has been a widely discussed one nationally as well as internationally. However, different nations have a different stance to this issue. Only time will tell as to how the Courts will decide on this case.
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