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Does a woman suffering from mental illness have the right to get an abortion?

Last updated on Jun 16, 2022

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.

 

  1. Section 3(4)(a), The Medical Termination Of Pregnancy Act, 1971[↩]
  2. Section 2(b), The Medical Termination Of Pregnancy Act, 1971.[↩]

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Related Resources

Guide to Accessing Safe Abortions

The Nyaaya Guide to Accessing Safe Abortions aims to highlight the rights available to women accessing abortions and the processes to be followed for a safe and legal abortion. 

Who does this law apply to?

A pregnant woman can seek a legal abortion under two circumstances - to safeguard her health and in case of fetal abnormality.

What are the abortion records to be kept by hospitals and doctors?

By way of records of an abortion, hospitals must maintain the doctor's opinion, the consent form of the patient and admission registers

Can a married woman terminate an unwanted pregnancy?

Within 20 weeks of the pregnancy, the doctor can perform the abortion if the married woman desires and is necessary for her mental health.

Who can seek Maternity Benefits?

Maternity benefits can be sought by expectant mothers, adoptive mothers as well as those recovering from an abortion or tubectomy.

Responsibility of Employers

At the time of joining the employment, employers have to inform women about maternity benefit available in the organization.