High court takes suo motu note on ‘flaws’ in pregnancy termination law
CHANDIGARH: The Punjab and Haryana high court on Thursday took suo motu cognizance of ‘flaws’ with the pregnancy termination law of the country and has sought response on the same from the Centre, Punjab, Haryana and Chandigarh.
The Medical Termination of Pregnancy Act, 1971, does not permit termination of pregnancy beyond 20 weeks. The law allows termination of pregnancy by a registered medical practitioner, where the duration of the pregnancy does not exceed 12 weeks. If the duration is up to 20 weeks, the pregnancy can be terminated on doctors’ opinion that continuance of the pregnancy would involve a risk to the life of the pregnant woman or can cause grave injury to her physical or mental health. It can also be terminated, if there is a substantial risk to newborn. However, courts in India have been allowing termination of pregnancy beyond 20 weeks by invoking their powers.
The note was taken by the bench of justice Rajbir Sehrawat while dealing with a plea from a mother, who had sought termination of pregnancy due to deformity in stillborn. The court observed that repeatedly the petitions are being filed seeking directions for termination of pregnancy; despite the fact that the medical opinion in such cases have already highlighted the risk to the life of the would-bemother/woman, as well as to the still born child in case he/she comes in this world.
The court pointed out that medical professional does not undertake termination of pregnancy as it is barred by the law. “Some educated and well-off couples might have been successful in saving the life of the would-bemothers/women. However, there would be thousands of couples who are either not able to avail the legal assistance and legal remedies by approaching this court in time or who might be living in abject poverty and therefore, are not able to avail the legal remedy at all,” it said adding that in such a situation many mothers would lose their own lives.
The bench also noted that the issue of legality of the provisions has not been adverted to in the judgments or the judgments have held the continuation of such a pregnancy; against the medical advice; as violative of fundamental rights of the would-bemother/woman.
“If the provision happens to be in violation of the fundamental rights .... then such a provision cannot exist on the statute book,” the bench said adding that the law does not also provide any remedy for termination of pregnancy beyond 20 weeks even as science and technology has not been so advance as to prevent the development of any deformity in the fetus after 20 weeks. “In view of the above legal, factual gamut, prima facie, it’d be appropriate to consider the vires of the provisions of this Act,” the bench said seeking response by August 10.