Mumbai: The Bombay High Court on Friday has allowed a 33-year-old woman, who is in her 30th week of pregnancy, to undergo an abortion as a medical test had revealed that the foetus has a birth defect. A two-judge division bench 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 JJ Hospital in Mumbai had approved the abortion at such a late stage, said a report in The Times of India.Also Read - Proxy Advisory Firm InGovern Advises Investors To Support Dish TV 30 Dec 2021 AGM Proposals
The government had reportedly opposed the request for abortion at the Nashik clinic. She should be directed to undergo abortion at a government hospital as the Medical Termination of Pregnancy (MTP) Act mandates that the procedure must be performed only at government hospitals or private hospitals recognised for this purpose by the government, it said. The clinic in Nashik is certified to perform legally approved medical termination of pregnancy but the state government is yet to complete the process of registering and approving private clinics for carrying out abortions in cases where the pregnancy has exceeded 20 weeks, the government lawyer said. The woman’s lawyer argued that she be allowed to undergo the procedure at the Nashik clinic as the doctors there knew her case history. Also Read - 2013 Shakti Mills Gangrape Case: Bombay HC Commutes Death Penalty of Three to Life Term
The petition said that the woman has a five-year-old son diagnosed with Down’s Syndrome. The couple approached the high court last week seeking permission for an abortion, pleading that they were caring for a specially-abled child. Having another child with special needs would impose a financial burden on them as the woman was a housewife and the husband ran a small business, the petition said. Also Read - Aryan Khan's Bail Order: Bombay HC Says 'Nothing Objectionable In WhatsApp Chats' | Key Points
On September 11, a scan revealed that the foetus had “Schizencephaly”, a rare developmental birth defect characterised by abnormal slits or clefts in the brain.