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Doctors Move SC: New Pregnancy Termination Laws Focus on Marital Status

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eMediNexus    12 May 2022

In a movement started in 2008 by Dr. Nikhil Datar, a gynecologist moved to the Supreme Court seeking an extension of India’s abortion timeline from 20 as specified in the Medical Termination of Pregnancy Act, 2021 to 24 weeks. The last amended rule enforced in September 2021 sought out the marital status of the women seeking an abortion. Datar stated that the rule seemed illogical and need more clarity regarding the definition of termination, new licensing norms of an abortion clinic, breach of a confidentiality clause, etc. 

He added that the contradicting rule states that spousal consent is not needed, however, section 3B on the other hand requires the marital status of the women seeking termination within 24 weeks of pregnancy. He also pointed out that married woman cannot terminate their pregnancies between 20 to 24 weeks other than the ones that were changed during the pregnancy period (a widow or divorced). 

Dr. Niranjan Chavan, Mumbai Obstetric & Gynaecological Society stated that the Medical Termination of Pregnancy (Amendment) Act directs the medical fraternity and administration to set up state-level medical boards to decide on the termination period after 24 weeks in case of fetal abnormalities. He stated that the new amendments have made life easier for women while pointing out the liberal nature of the medical act.

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