Issue of Consent for MTP by Orphan, Major and ‘Mentally Retarded’: A Critical Review

Abstract

An orphan, mentally retarded woman, above 18 years age, when suffered pregnancy as a result of rape posses a serious challenge before the Chandigarh Administration on the issue of MTP. Law on abortion in India as per the MTP Act, 1971, (Amendment 2002) prohibits MTP without consent, if the woman is above 18 years of age. Several subject-experts to contend that with the advancement of Medical Science, universal recognition of the Fundamental Rights of the mentally retarded persons, recent theory of mixing them in the main social stream instead of barricading at a secluded place. The legislative transformation has also taken place whereby purposefully and knowingly, the competence to give consent for MTP in the cases of mentally ill pregnant woman on one hand and mentally retarded pregnant woman on the other hand, has now been distinguished. A critical review of prolife and prochoice support for abortion, statutory provisions in India and abroad, views of Hon'ble Court are discussed in detail. Paper tried to raise the debate for policy makers, higher judiciary and medical fraternity especially dealing with MTP.