The Madurai bench of the Madras High Court has directed the Centre to respond as to when the Medical Termination of Pregnancy Act, 1971, would be amended as per the proposed Draft amendment to the Medical Termination of Pregnancy Act, 2014, by increasing the upper gestation limit for legal termination of pregnancies to 24 weeks from the existing 20 weeks.
Madurai bench of the Madras High Court
Chennai:
To prevent the birth of stigmatised children of rape victims and sufferance to the mother, the note has sought to direct the Central and State governments to compulsorily terminate the pregnancy of evictions of rape including child victims – except on request.
It has impleaded the Union Ministries of Health and Family Welfare and Law and Justice, Medical Council of India, the National Commission for Women and the State of Tamil Nadu in the case.
The amendment allowing medical termination of pregnancy up 24 weeks in certain problematic cases has become necessary in view of many cases that are dealt with by the Supreme Court and various High Courts, the note pointed out that.
In the absence of statutory sanction, the parties are compelled to approach the courts for permission to abort in cases where the foetus was found with abnormalities beyond 20 weeks of pregnancy, the note said.
It is also reported by the Gynecologists that there are many cases with requests for abortion beyond the window period of 20 weeks as the foetus is found to be diagnosed with abnormalities which have been found lately. Initially, the parents try to correct the abnormalities before seeking abortions. By the time, the window period would have ended.
Apart from congenital abnormalities, rape victims, including children, who carry unwanted foetus is another section of women who require abortion beyond 20 weeks, the noted said.
The division bench comprising Justice Kirubakaran and SS Sundar, before which the suo motu PIL came up for hearing, directed the Centre and Tamil Nadu government to file their counter in this regard.
The plea, which was taken up as suo motu public interest litigation on a note prepared by Justice N Kirubakaran, also directed the Central Government to amend the 1971 Act to remove the upper gestation limit without any time limit for abortion for cases involving rape victims.
To prevent the birth of stigmatised children of rape victims and sufferance to the mother, the note has sought to direct the Central and State governments to compulsorily terminate the pregnancy of evictions of rape including child victims – except on request.
It has impleaded the Union Ministries of Health and Family Welfare and Law and Justice, Medical Council of India, the National Commission for Women and the State of Tamil Nadu in the case.
The amendment allowing medical termination of pregnancy up 24 weeks in certain problematic cases has become necessary in view of many cases that are dealt with by the Supreme Court and various High Courts, the note pointed out that.
In the absence of statutory sanction, the parties are compelled to approach the courts for permission to abort in cases where the foetus was found with abnormalities beyond 20 weeks of pregnancy, the note said.
It is also reported by the Gynecologists that there are many cases with requests for abortion beyond the window period of 20 weeks as the foetus is found to be diagnosed with abnormalities which have been found lately. Initially, the parents try to correct the abnormalities before seeking abortions. By the time, the window period would have ended.
Apart from congenital abnormalities, rape victims, including children, who carry unwanted foetus is another section of women who require abortion beyond 20 weeks, the noted said.
The division bench comprising Justice Kirubakaran and SS Sundar, before which the suo motu PIL came up for hearing, directed the Centre and Tamil Nadu government to file their counter in this regard.