8230;Sparks debate on science, sentiment: 20-week cut-off vs mother146;s right vs foeticide

With the High Court rejecting the Mehtas8217; petition to abort their 26-week foetus, the Federation of Obstetrics and Gynaecology Society of India FOGSI wants to increase the cut-off time for allowing abortion, from the current 20 weeks to at least 24-26 weeks as in most states in the United States and the UK.

This is the second attempt by the group to get the cut-off raised after the 2002 amendment of the Medical Termination of Pregnancy Act.

8220;I am a little disappointed because ultimately it is the woman8217;s right to choose. However, taking this case, the High Court could have given directives to draft fresh guidelines,8221; said Jaydeep Tank, MTP committee chairperson at FOGSI. 8220;This matter was important enough for the judiciary to look beyond legislation.8221;

8220;I believe the apprehension is that if one allows abortion beyond the stipulated time, it will abuse the current law. MTP Act is a terrific act, the best abortion law in the world, but it needs to be updated. The current act is based on the technology used in 1971. With newer techniques, the law should be amended,8221; said Tank.

8220;I honestly feel justice would have only been served if termination was allowed. According to the report submitted by the expert committee, both paediatrics as well as cardiologists, all suggested termination,8221; he added.

Noted Delhi-based pediatrician Dr Sunil Mehra urges caution while coming to conclusions based on one case. 8220;The law that we have is in line with the rights-based approach to human life and probably no court would ever say that you are allowed to abort the child after 20 weeks of pregnancy. If the court had allowed it, the misuse would be very heavy. The worry is foeticide. We are already a country where we are managing strict laws for making sure that such malpractice is removed.8221;

But Tank8217;s view is echoed by experts who say that the child8217;s abnormality should have been the focus instead of the age of the foetus.

8220;A lot of suffering is involved in bringing up an abnormal child. In this case, it is clear that the child will have to be fitted with a pacemaker every few years. Most civilized countries allow abortions when it is established that the child will have a lifelong ailment and the parents8217; plea was completely justified. The law needs to be changed,8221; said Dr I C Verma, Head of Department of Genetic Medicine, Sir Gangaram Hospital, New Delhi.

8220;By keeping the legal limit at 20 weeks, we are forcing parents to rush into a decision. Many times, abnormalities are detected after the 20th week. It is not possible to detect all complications within 20 weeks,8221; said Dr Anita Kaul, Foetal Medicine, Indraprastha Apollo Hospitals. 8220;We need to revise the law and be easy on parents as well,8221; she added.

While most abnormalities can be detected by the 20th week, experts maintain that certain conditions are not clear till the later stages of pregnancy. 8220;Abnormalities of the heart as in the case of the Mehtas, kidney and spine are usually not clear till last stages of pregnancy. In such cases, abortions should be allowed,8221; said Dr Kaul.

8220;The MTP act in India is very clear. If it8217;s an unwanted pregnancy till 12 weeks, only one registered MTP provider can certify that the pregnancy can be terminated, between 12-20 weeks the termination of pregnancy has to be certified by two providers registered under MTP Act,8221; said Dr Suneeta Mittal, head of obstetrics and gynaecology at the All India Institute of Medical Sciences AIIMS.

In most cases, when doctors diagnose abnormalities after 20 weeks, a committee is constituted and it takes the final decision. 8220;We cannot go against the law of the land. But when we come across a case when the child is not capable of surviving, the usual policy is to constitute an expert committee. Besides the child8217;s chances of survival, doctors consider the parents situation before decision on the likelihood of abortion,8221; said Dr Mittal.

National experts, the World Health Organization and Indian Council for Medical Research will soon submit recommendations on safe second-trimester abortions to the government. 8220;We had a meeting last month in which we discussed the need for a provision to abort the foetus, once it is established the child8217;s condition is incompatible with life,8217; said Dr Mittal.