MTP beyond 20 Weeks: Legal V/S Medical Dilemma

Abstract

Under the Medical Termination of Pregnancy Act, 1971, termination of pregnancy on certain grounds is permitted till 20 weeks of gestation. Sometimes, cases are reported for termination of pregnancy beyond this period although falling under the permitted grounds as per the Act, thus putting the medical professionals as well as the law courts in dilemma over the options. In the absence of the required amendments in the Act, it becomes moral, ethical and professional duty for the medical professionals and legal responsibility for the courts to act in the best interest of the pregnant female as well as the child in the womb. Keeping in view the various court judgments and directions, it can be easily concluded that medical professions are required to be proactive toward pregnant female and they have should have judicial protection if decisions are taken in good faith.