Amend abortion law to alleviate doctors’ fears, suggests the Punjab and Haryana High Court-Pune doctor’s case a related incident
The Punjab and Haryana High Court made the request to AIIMS, New Delhi to reassess the termination of the pregnancy of a rape victim even if the gestation period is over 24 weeks. As per the Medical Termination of Pregnancy Act, 1971 abortion is legal in India only up to 20 weeks of pregnancy.
The Central Government was advised by Justice Paramjeet Singh Dhaliwal to consider assuring doctors that they will not suffer prosecution if they act in good faith and in accordance with the rules. In other words, saving the life of a rape victim or protecting her from physical and /or mental injury should not be reasons for prosecution.
A related case
Dr. Neela Desai is a Pune based gynecologist who performed MTP on a lady who was pregnant for 21 weeks and 4 days. On May 5, 2016 an FIR was filed against Dr. Desai as the patient- not a rape victim was over the 20 week period for abortion that the law permits.
The husband of the accused doctor, Dr. Ashok Desai says that the fetus had both brain and heart defects. Also, the fetus was clinically small. The day the patient and her husband visited the hospital was the day for appointments for Dr. Neela Desai. He adds that the decision for abortion was made based on the sonography report and after consulting a senior gynecologist of the hospital.
Dr. Ashok Desai stresses that the authorities take advantage of the peculiar nature of the law.
The law that still lags
In addition to the 20 week upper-limit, the MTP law also has it that in pregnancies between 12 and 20 weeks, two medical practitioners should agree that continuing the pregnancy could either risk the patient’s life or cause grave physical or mental injury. Abortions between 12 and 20 weeks are also allowed if the child would be born with physical or mental abnormalities.
What makes the 20 week limit problematic is that various congenital anomalies in a fetus become evident only in the 20 to 24 week period. And these anomalies could be on the spine and the brain among other parts of the body. In view of these and other issues, medical practitioners have been asking to raise the legal period for abortion to 24 weeks.
Calls for reassessing the law
The stringent framing of the law has not gone down well with many concerned organizations and professionals.
For instance, the National Commission of Women, in 2014 made recommendations to the Union Health Ministry that abortions be made legal till the 24th week of pregnancy. As a result, the Ministry of Health and Family Welfare Department proposed amending the MTP Act along the same lines.
Two years later, the amendment is yet to be passed in the parliament.
Dr.Neela Desai’s case though shows how significant it is for judicial laws to catch up with medical facts.
With inputs from Pune Mirror
Image Credits: DNA India