In 2005, when Dr Nikhil Datar’s affected person needed to terminate her being pregnant as her foetus had developed extreme abnormalities, he couldn’t assist her. Consequently, she needed to give start in opposition to her needs.
“We came upon that the kid’s decrease physique was paralysed. The mom and the household underwent lots of hassle elevating the kid as he had no bowel and bladder management. The child was even denied admission into a faculty for disabled kids. I noticed her wrestle for the 9 years that the child lived,” he tells The Higher India.
The rationale Dr Nikhil refused to assist her or couldn’t assist her was due to the 50-year-old Medical Termination of Being pregnant (MTP) Act 1971. It permits termination of being pregnant solely as much as 20 weeks.
“My affected person was 24 weeks pregnant when she got here to me. It’s a prison offence to violate the provisions talked about within the MTP Act. Even the girl you might be treating could be put behind bars, not to mention the physician. However every time I’d meet her, she made me really feel that I used to be liable for her ordeal,” he says.
“Whereas I used to be in a legally sound place, I felt morally mistaken,” he provides.
Dr Nikhil opined it was unfair to punish ladies by forcing them to present start to intellectually or bodily disabled infants when the medical physique may supply them a protected abortion.
To problem this, he filed a petition within the Supreme Court docket and bought policymakers to boost the higher restrict for abortions from 20 weeks to 24 weeks.
In dialog with The Higher India, Dr Nikhil talks about his 14-year-long authorized battle that pushed the judiciary to improve the archaic MTP Act of 1971.
Why is there a cap on abortion limits?
In 1996, after finishing his MD in gynaecology, Dr Nikhil began practising as an obstetrician-gynaecologist in Mumbai-based hospitals. Through the course, he would meet a lot of sufferers with pregnancies past 20 weeks who desired to get it terminated.
“Whereas neurological and cardiac abnormalities are detected a little bit after 20 weeks of the foetus growing, most different abnormalities could be detected earlier than this timeframe if there may be entry to healthcare on the proper time,” he says.
“In rural areas, ladies need to take a bus to succeed in the closest taluk-level authorities hospitals for test ups. Owing to poor companies, it stays unsure whether or not the sonography can be carried out on these sufferers on that given day. By the point it’s completed for any abnormalities to be detected, it’s too late,” he explains.
Dr Nikhil factors out that in such instances, if the girl is compelled to present start, she is made to take the penalty for these delays.
“Moreover, there are instances the place ladies of their late 40s miss out on menstruation, and they’re suggested to not fear as they’re getting nearer to menopause. One wonderful day, they discover out that they’re already 22 weeks pregnant,” he provides.
However why is terminating pregnancies past 20 weeks a prison offence?
“I’ve gone by the MTP Act a number of occasions and totally researched the subject solely to search out out that the set restrict was arbitrary. There was no cause to assist why it was set to twenty weeks,” says Dr Nikhil.
“So, if a girl is nineteen weeks pregnant, then medical doctors won’t even blink earlier than terminating the being pregnant however when she is at 21 weeks, that turns into an issue. The termination of being pregnant is primarily meant for main and substantial abnormalities. You might be refusing it as a result of she has crossed over some arbitrary restrict. As a specialist, I do know that it’s protected to terminate the being pregnant past 20 weeks. We aren’t in 1971 anymore!” he provides.
Dr Nikhil reached out to national-level medical our bodies to attract their consideration to the necessity to amend the MTP Act and prolong the permissible abortion time period. “However that dialogue turned restricted to medical conferences solely. It was excessive time that we satisfied lawmakers, judges, and policymakers,” he says.
Finally, in 2008, Dr Nikhil met Niketa Mehta, who was 24 weeks pregnant with a child with a number of congenital coronary heart abnormalities.
Disheartened by one other such case, Dr Nikhil and the affected person went on to problem the legislation. “This was the primary time within the historical past of the judiciary when a physician and a affected person bought collectively to problem a legislation. Normally, each battle in opposition to one another,” he laughs.
Sadly, their plea was rejected. However this didn’t deter his resolve.
A 14-year-long battle for abortion rights
Once more in 2016, Dr Nikhil was put in the same state of affairs. “A minor rape survivor was delivered to me by a non-profit organisation. She was 24 weeks pregnant and the foetus’ mind was not developed. In such instances, the foetus stays alive until the umbilical wire is unbroken. As quickly because the wire is clamped and minimize, it dies. Given the sensitivity, no person needed to the touch this case,” he says with a sigh.
He reached out to the Supreme Court docket searching for justice for these ladies. He bought his first breakthrough within the apex courtroom when he garnered the assist of 320 ladies who had irregular foetuses, had been minor rape survivors and from low socio-economic backgrounds.
Dr Nikhil, who additionally holds a legislation diploma, burnt the midnight oil within the preparation of this case. From drafting, coordinating with the suitable contacts, creating enough proof, and responding to medical in addition to authorized questions, he meticulously deliberate all of it.
Lastly, the Rajya Sabha handed the Medical Termination of Being pregnant (Modification) Invoice, 2021 to amend the MTP Act 1971. The Invoice was authorised in Lok Sabha in 2020.
The Invoice enhanced the higher gestation restrict from 20 to 24 weeks for particular classes of girls which can be outlined within the amendments of the Act. It will embrace survivors of rape, victims of incest, and different susceptible ladies comparable to disabled ladies and minors.
“Though once more an arbitrary restrict, 24 weeks remains to be a reasonably respectable timeframe to detect abnormalities,” he mentions.
Apart from his sufferers, this judgement has been extraordinarily satisfying for Dr Nikhil personally, who has fought a number of challenges and threats in numerous kinds in his 14-year campaign.
“As a physician, we see households beginning with the start of their kids. We grow to be part of these models as they keep in mind us on a regular basis. I get 30 such instances each month. However when you’ll be able to contribute in direction of a bigger coverage change, you’ll be able to impression lakhs and crores of lives identified and unknown to you. That’s an entire new degree of satisfaction,” he provides.
(Edited by Padmashree Pande; All photographs: Dr Nikhil Datar)
