Delhi HC to hear plea on enhancing MTP window to 26 weeks

It sought that the 20-week pregnancy restriction be replaced with 24-26 weeks by way of bringing an appropriate amendment in the law.

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Section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act prohibits the abortion of a foetus after 20 weeks of pregnancy.

It said the existing provision of law deals with situations where pregnancy is caused by rape or due to failure of a method used by a married woman or by her husband.

"MTP Act, 1971 is totally silent about the termination of pregnancy of unmarried females and windows but it makes termination of pregnancy as an offence punishable under Indian Penal Code if the same is not done in accordance with the Act," it said.

The petition added that unmarried women or widows be also held equally entitled to terminate the pregnancy under the law.

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It sought, "To hold that the right to abort the pregnancy is a fundamental right of the woman's body sovereignty and each woman has the sole right to make decision about her body in the context of carrying such pregnancy or to terminate the same, subject to checks as provided under the MTP Act or further checks, which may be provided."

The plea also sought directions to deal with cases pertaining to termination of pregnancy where the anomaly is detected after 16 weeks on fast track basis under MTP Rules to ensure that woman must not suffer due to administrative delay in taking the decision or giving consent for termination of pregnancy.

The Supreme Court, in 2017, had declined to amend the Act which prohibits termination of pregnancy beyond 20 weeks, saying that the issue fell within the legislative realm.