While seeking the opinion of medical experts on whether abortion can be performed on a seven-month pregnant minor rape survivor, Gujarat High Court judge asked the girl's lawyer to read the highly contentious ancient book Manusmriti for better understanding of how women would get married early back in the day.
"You will not read it but do read Manusmriti for once," said Justice Samir J Dave in the open court on Wednesday.
Justice Dave tendered this reasoning when the victim's lawyer cited her age to make a case for abortion and why it was important. He also told the court that situation would have been different had the victim been in her twenties. "Because, we are living in the 21st century. Ask your mother or great grandmother, 14-15 was the maximum age. First child would be born by the age 17. Girls become mature early than the boys. Four-five months here and there don't make any difference."
Where is the complication?
The girl's lawyer sought an early hearing as the girl is expected to deliver on August 16. The girl, aged 16 years 11 months, has been pregnant for roughly 28 weeks. Seeking medical opinion and also expressing his concerns, Justice Dave said that it would be difficult for the court to pass an order for abortion as a six to seven-month old foetus can survive premature delivery in the incubator. "If this happens, who will look after the child? Can a court permit killing of the child, if she is born alive?
The Medical Termination of Pregnancy (Amendment) Bill, 2021 expands access of women to safe and legal abortions and allows abortions up to 24 weeks for rape survivors. However, this gestation limit will not apply in case of substantial foetal abnormalities.
The court added, "If any serious ailment is there in the foetus or the girl, the court can certainly consider. If both are normal, it would be very difficult for the court to pass such type of order, take it from me."
The court further directed the medical superintendent, civil hospital, Rajkot to urgently conduct medical examination and mental condition of the rape survivor, along with an ossification test to ascertain her age. "You also start looking for adoption options," added the judge.
Any precedence?
In May itself of 2023, Gujarat High Court allowed medical termination of a 26-week foetus of a 23-year-old woman, a rape survivor with "sub-normal intelligence" and 70% physical disability.
In July 2022, Delhi High Court allowed a 13-year-old rape survivor to undergo medical termination of a pregnancy after 26 weeks, saying that it would be unjust to both mother and child and the girl's misery would be compounded and future compromised if she was forced to become a mother at such a tender age.
