SUCHITA SRIVASTAVA vs CHANDIGARH ADMINISTRATION

The Supreme Court held that the High Court's orders directing the termination of a mentally retarded woman's pregnancy were not valid as they lacked her consent, which is a prerequisite under the Medical Termination of Pregnancy Act, 1971. The Court emphasized the distinction between 'mental illness' and 'mental retardation', asserting that the latter does not negate the requirement for consent. The Court stayed the High Court's orders, ruling that the termination did not serve the best interests of the woman, who had expressed a willingness to bear the child.