A division bench of judge AS Oka and judge AS Gadkari also granted the woman's request to undergo the abortion at a private clinic in Nashik
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The Bombay High Court on Friday allowed a 33-year-old woman, who is in her 30th week of pregnancy, to undergo an abortion, after a medical test revealed that the foetus has a developmental birth defect.
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A division bench of judge AS Oka and judge AS Gadkari also granted the woman's request to undergo the abortion at a private clinic in Nashik. On the high court's direction, doctors at the government-run J J Hospital had examined her and approved the abortion at such a late stage, considering the condition of the foetus. However, the government had opposed her request to undergo the abortion at the Nashik clinic.
It said the woman should be directed to undergo abortion at a government hospital as the Medical Termination of Pregnancy (MTP) Act mandates that the procedure be performed only at government hospitals or private hospitals recognised for this purpose.
In Maharashtra, private clinics and hospitals which perform MTP are required to be certified by civic bodies. The clinic in Nashik is duly certified to perform legally approved medical termination of pregnancy.
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