SUCHITA SRIVASTAVA & ANR. versus CHANDIGARH ADMINISTRATION

SUCHITA SRIVASTAVA & ANR. versus CHANDIGARH ADMINISTRATION

The Supreme Court held that under the Medical Termination of Pregnancy Act, 1971, consent of the pregnant woman is paramount, even when she is mentally retarded but above the age of majority. Since the victim expressed willingness to carry the pregnancy and the expert body found no grave risk to her health or prospective child's health, the High Court order directing termination violated her personal liberty and was not in her best interests. The distinction between 'mentally ill' and 'mentally retarded' is crucial, and guardians cannot consent for mentally retarded adult women. The State must respect the personal autonomy of such women regarding reproductive choices.

Parties
Appellant: Suchita Srivastava; Appellant: Tanu Bedi; Respondent: Chandigarh Administration; Intervenor: Intervenor (unnamed)
Jurisdiction
India
Judgment Date
28 August 2009
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court; Appeal From High Court Order
Outcome
Appeal allowed; High Court order set aside; victim's pregnancy not terminated.
Legal Topics
Termination of Pregnancy, Reproductive Rights, Consent, Autonomy of Mentally Retarded Persons, State Duty to Welfare, Parens Patriae Doctrine
Constitutional Law Medical Law Disability Law Termination of Pregnancy Reproductive Rights Consent Autonomy of Mentally Retarded Persons State Duty to Welfare +1 more

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Parties

Suchita Srivastava

Appellant

Tanu Bedi

Appellant

Chandigarh Administration

Respondent

Intervenor (unnamed)

Intervenor

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court; Appeal From High Court Order

Legal Issues

  1. 1 Whether a pregnancy of a mentally retarded adult orphan can be terminated without her consent
  2. 2 Distinction between 'mentally ill' and 'mentally retarded' under Medical Termination of Pregnancy Act
  3. 3 State's obligation to respect reproductive autonomy under Article 21

Ratio Decidendi

The Supreme Court held that under the Medical Termination of Pregnancy Act, 1971, consent of the pregnant woman is paramount, even when she is mentally retarded but above the age of majority. Since the victim expressed willingness to carry the pregnancy and the expert body found no grave risk to her health or prospective child's health, the High Court order directing termination violated her personal liberty and was not in her best interests. The distinction between 'mentally ill' and 'mentally retarded' is crucial, and guardians cannot consent for mentally retarded adult women. The State must respect the personal autonomy of such women regarding reproductive choices.

Court Disposition

Appeal allowed; High Court order set aside; victim's pregnancy not terminated.

Orders

  • Best medical facilities must be provided to the victim for care and supervision during pregnancy and post-natal period.
  • National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities to coordinate with Chandigarh Administration and medical experts to assure proper care and assistance with childcare.