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august 2009

Supreme Court of India · 2009-08-28

Suchita Srivastava & Anr vs Chandigarh Administration

Citation / case number
AIR 2010 SUPREME COURT 235
Court
Supreme Court of India
Petitioner
Suchita Srivastava & Anr
Respondent
Chandigarh Administration
Bench
B.S. Chauhan, P. Sathasivam, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court held that the High Court's order to terminate the pregnancy of a mentally retarded woman without her consent violated the provisions of the Medical Termination of Pregnancy Act, 1971, which requires consent from the woman if she is of majority age and does not suffer from mental illness. The Court emphasized the distinction between 'mental illness' and 'mental retardation', asserting that consent is a fundamental requirement for abortion. Consequently, the Supreme Court stayed the High Court's orders, ruling against the termination of the pregnancy.

Suchita Srivastava & Anr vs Chandigarh Administration · Niyam