During a hearing on a minor rape survivor's plea to terminate her pregnancy, a judge of the Gujarat High Court made a remark about the historical practice of young girls getting married and giving birth before the age of 17.
Justice Samir Dave, while considering the case on Wednesday (07), mentioned that he might not grant permission for the abortion if both the girl and the fetus were in good health. He also made reference to the Manusmriti, an ancient Hindu text.
The rape survivor, who is currently 16 years and 11 months old, is carrying a seven-month-old feotus.
Her father filed a petition with the high court, seeking permission for the abortion as the pregnancy had exceeded the 24-week limit within which abortions can be performed without court approval. During the hearing, the family's lawyer requested an expedited hearing, expressing concerns due to the girl's young age.
Justice Dave said there was anxiety because "we are living in the 21st century".
"Ask your mother or great-grandmother. Fourteen-fifteen was the maximum age (for marriage), and girls used to give birth to their first child before turning 17. And girls get mature before boys....Though you may not read, but you should read Manusmriti once," he added.
As the expected date of delivery is August 16, he consulted expert doctors in his chamber, the judge informed the lawyer. "The court can consider (allowing abortion) if any serious ailments are found in the foetus or the girl. But if both are normal, it will be very difficult for the court to pass such an order," the judge said.
At the conclusion of the hearing, the Gujarat High Court instructed the Medical Superintendent of Rajkot Civil Hospital to arrange for a panel of doctors to examine the girl and determine the advisability of a medical termination of pregnancy.
Additionally, the court ordered the doctors to conduct an ossification test on the girl to determine her age and requested a psychiatrist to assess her mental condition.
Justice Dave specified that the hospital should submit the reports by June 15, which would be the next date of hearing in the case.
During the proceedings, the judge advised the girl's lawyer to begin exploring alternative options in case the medical opinion did not support the termination of the pregnancy.
"I will not give permission if both are found healthy. The weight of the foetus is also good...What will you do if the girl gives birth and the child lives? Who will take care of that child? I will also inquire if there are government schemes for such children. You should also check if someone can adopt that child," the judge said.
(PTI)
