In a development that may have far-reaching consequences, the Supreme Court of India may decide whether severe foetal abnormality can be a valid ground for the medical termination of pregnancy, even if the foetus is more than twenty weeks old..A Bench comprising Justices JS Khehar, Arun Misra and Kurian Joseph today issued notice to the Central and Maharashtra governments in a petition challenging the constitutional validity of Section 3(2) of the Medical Termination of Pregnancy Act, 1971.This provision, as it currently stands, does not allow for an abortion after a period of twenty weeks unless there is a threat to the life of the mother.Senior counsel Colin Gonsalves, appearing for the petitioner, submitted that in the instant case, the foetus had no abdominal wall, as a consequence of which the intestines were growing outside the body. Further, the cranium, or the skull, was undeveloped; doctors have opined that the new born child will not survive beyond a few hours.The petition has reached the Supreme Court a time when an amendment to the MTP Act is still pending as a Bill before Parliament. Under the amended Act, “severe foetal abnormality” has been mentioned as a valid ground for terminating a pregnancy.The Court, taking into account the urgency of the matter, has ordered that the Union of India be served through the office of the Attorney General, and the State of Maharashtra through Standing Counsel for the State of Maharashtra.The respondents are likely to be heard tomorrow..Countries like the United Kingdom, Netherlands and Switzerland currently allow termination of pregnancy on the aforesaid grounds. Others are either ambivalent or so not allow it in the first place.
In a development that may have far-reaching consequences, the Supreme Court of India may decide whether severe foetal abnormality can be a valid ground for the medical termination of pregnancy, even if the foetus is more than twenty weeks old..A Bench comprising Justices JS Khehar, Arun Misra and Kurian Joseph today issued notice to the Central and Maharashtra governments in a petition challenging the constitutional validity of Section 3(2) of the Medical Termination of Pregnancy Act, 1971.This provision, as it currently stands, does not allow for an abortion after a period of twenty weeks unless there is a threat to the life of the mother.Senior counsel Colin Gonsalves, appearing for the petitioner, submitted that in the instant case, the foetus had no abdominal wall, as a consequence of which the intestines were growing outside the body. Further, the cranium, or the skull, was undeveloped; doctors have opined that the new born child will not survive beyond a few hours.The petition has reached the Supreme Court a time when an amendment to the MTP Act is still pending as a Bill before Parliament. Under the amended Act, “severe foetal abnormality” has been mentioned as a valid ground for terminating a pregnancy.The Court, taking into account the urgency of the matter, has ordered that the Union of India be served through the office of the Attorney General, and the State of Maharashtra through Standing Counsel for the State of Maharashtra.The respondents are likely to be heard tomorrow..Countries like the United Kingdom, Netherlands and Switzerland currently allow termination of pregnancy on the aforesaid grounds. Others are either ambivalent or so not allow it in the first place.