‘Was once normal for girls to deliver child before turning 17…’: Gujarat HC hears rape survivor's abortion plea
A judge of the Gujarat High Court remarked on Wednesday that it was once normal for girls to marry and have a child before 17. The assertion came while the HC was hearing a minor rape survivor's plea for permission to terminate her pregnancy.
PremiumThe Gujarat High Court on Wednesday asserted that it was once normal for girls to marry at a young age and deliver a child before they turned 17. The remarks came while the court was hearing a minor rape survivor's abortion plea, with the judge also asking the petitioner to ‘read the Manusmriti’. The petitioner is 16 years and 11 months old and carrying a seven-month-old foetus.
Her father had moved the HC seeking permission for abortion as the pregnancy had crossed the 24-week threshold that allows for abortion (without legal hassle). His lawyer had sought an early hearing on Wednesday asserting that the family was concerned because of the girl's age.
“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," Justice Dave said.
The court has directed the Medical Superintendent of Rajkot Civil Hospital to get the girl examined by a panel of doctors to find out if a medical termination of pregnancy was advisable. Justice Dave has also asked the doctors to carry out ossification test on the girl and a psychiatrist should ascertain her mental condition. The girl is due to deliver the child on August 16.
"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.
He also advised the girl's lawyer to start looking for options in case the medical opinion went against the termination of 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," said the judge.
(With inputs from agencies)
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