The Reproductive Rights Of Intellectually Disabled Women Under The Medical Termination Of Pregnancy Act
Arshiya Nandal, B.A. LL.B. (Hons.), National Law Institute University, Bhopal
Bhavya Singh, B.A. LL.B. (Hons.), National Law Institute University, Bhopal
Prisha Narayan, B.A. LL.B. (Hons.), National Law Institute University, Bhopal
ABSTRACT
The reproductive autonomy of women with intellectual disabilities occupies a precarious position within Indian law, caught between a paternalistic tradition of substituted guardianship and a constitutional commitment to personal liberty and dignity. The Medical Termination of Pregnancy Act, 1971, as amended in 2002 and 2021, distinguishes a "mentally ill person", whose guardian may consent to termination on her behalf, from a person with "mental retardation", who retains the right to consent independently. This distinction, affirmed by the Supreme Court In Suchita Srivastava v. Chandigarh Administration, marks a departure from the "best Interests" and "substituted judgment" doctrines that had historically governed decisions concerning disabled persons. Yet the framework remains fragmented and often sits in tension with the Rights of Persons with Disabilities Act, 2016 and the Convention on the Rights of Persons with Disabilities, both of which mandate supported rather than substituted decision making. This article traces the legislative and judicial development of these rights, situates the doctrine within the wider disability rights framework and identifies definitional ambiguity, guardianship overreach and the absence of supported decision making as the principal deficiencies of the present regime, before proposing reforms to reconcile protective concern with the constitutional guarantee of reproductive autonomy.
Keywords: reproductive rights, intellectual disability, Medical Termination of Pregnancy Act, guardianship, supported decision making, bodily autonomy.
