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august 2009

Supreme Court of India · 2009-08-28

BHUPINDER KUMAR vs ANGREJ SINGH

Citation / case number
SC 2007/21040
Court
Supreme Court of India
Petitioner
BHUPINDER KUMAR
Respondent
ANGREJ SINGH

Judgment text excerpt

The Supreme Court ruled that the High Court's order for the termination of a mentally retarded woman's pregnancy, without her consent, was not in accordance with the Medical Termination of Pregnancy Act, 1971. The Court emphasized that consent is a prerequisite for abortion under the Act, and distinguished between 'mental illness' and 'mental retardation'. The Court stayed the High Court's orders, holding that the decision did not align with the best interests of the woman, who had expressed a willingness to bear the child.

BHUPINDER KUMAR vs ANGREJ SINGH · Niyam