Currently, the upper limit for legal termination of pregnancy is 24 weeks.
Recently, the Bombay High Court allowed a married woman to terminate her 33-week pregnancy after the baby in the womb was detected with severe abnormalities. In its ruling, the Court reportedly noted that the length of the pregnancy did not matter in such cases of severe foetal abnormality. The Court also noted the petitioner has taken an "informed decision" and only she had the right to choose whether to continue with the pregnancy or not.
A Medical Board directed by the court to look into the matter had confirmed serious foetal abnormalities, including microcephaly and lissencephaly. While microcephaly is a birth defect where a baby's head is much smaller than expected as the brain has not developed properly. Lissencephaly is a rare gene-linked brain malformation and children with such abnormality usually die before the age of 10. Despite these serious abnormalities, the Medical Board recommended that the pregnancy should not be terminated as it was in an advanced stage.
But the court said the medical board's recommendation "did not appeal it" and passed a verdict in favor of the woman seeking to terminate her pregnancy.
Further, it said that refusing termination of pregnancy only on grounds of delay "would be a denial of her right to dignity, and her reproductive and decisional autonomy."
Currently, under the amended Medical Termination of Pregnancy Act, 2020, the upper limit for legal termination of pregnancy is 24 weeks against the earlier 20 weeks before 2020. While the advancement in medical science makes it possible to terminate pregnancy beyond 24 weeks, it is critical that the abortion should not endanger the life of the woman.
Some congenital abnormalities in the foetus cannot be detected early. Moreover, women from poor and rural communities often do not get the medical facilities which are needed to detect abnormalities in their foetuses. However, once the abnormalities are found, and if it is safe for the woman to undergo abortion should she choose to do so, the medico-legal system should support this decision.
Population Foundation of India's Executive Director Poonam Muttreja said that India has been quite progressive in granting women access to abortion services. But she stressed that it is also essential that abortion is carried out without endangering the life of a woman.
Commenting on the Bombay HC's verdict allowing termination of 33-week pregnancy, she said, "The judiciary in its decision has taken a stand that places women at the centre. The judgment is sensitive and pro-women. It is the right of a woman to access safe abortion services. The Mumbai High Court has permitted the woman to undergo abortion in the 33rd week, while ensuring the highest standards of medical care and upholding the right to her bodily autonomy."
At the same time, it is also essential that abortion is carried out without endangering the life of a woman, Poonam Muttreja added.
