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.