If a woman suffering from mental illness wants to undergo an abortion, the law requires that the consent of her guardian (could be a parent or a spouse) should be taken1. This is not the same for a mentally retarded woman2. In cases of mental retardation a pregnant woman’s consent must be taken and no other person, including a guardian, can take the decision of abortion on the woman’s behalf.0
- Section 3(4)(a), The Medical Termination Of Pregnancy Act, 1971.
- Section 2(b), The Medical Termination Of Pregnancy Act, 1971.