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.