The petition said that with the advancement in technology, certain disease markers in the foetus can be detected at an advanced stage of pregnancy extending till the 24th week.
The Supreme Court on Monday agreed to examine the right of a pregnant woman to seek abortion beyond the legally permissible cap of 20 weeks after three women approached the top court claiming that it was a matter of their privacy and reproductive rights.
Issuing notice to the Centre, a bench of Chief Justice of India Ranjan Gogoi and Justice Deepak Gupta felt that the issue required consideration, particularly in the light of the recent SC ruling declaring the right to privacy a fundamental right under the Constitution.
Of the petitioners – Swati Agarwal, Garima Sekseria and Prachi Vats – the first is a teacher, the second is a digital marketer and the other person is a corporate communication specialist. In their public interest litigation, the trio has challenged the validity of the Medical Termination of Pregnancy Act, 1971, which says any abortion done beyond 12 weeks of pregnancy is a crime and makes doctors involved liable for punishment.
However, subsequent decisions by the SC have enabled women to abort till the 20th week of pregnancy – only after a panel of two doctors declaring that the pregnancy, if continued, can affect the mental and physical health of the mother or foetus.
The petition said that with the advancement in technology, certain disease markers in the foetus can be detected at an advanced stage of pregnancy extending till the 24th week.
Realising these developments in science, the Centre had brought out the MTP (Amendment) Bill in 2014 enhancing termination of pregnancy period till the 24th week for survivors of rape. In case of substantial foetal abnormalities, no gestational limit is fixed. But this amendment has not seen the light of the day.
The petition says, "The restriction of 20 weeks is excessive when safe abortions are possible as late as towards 26 weeks."
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