Keywords – Gujarat High Court, Manusmriti, Minors Rape.
“Earlier, marriage at the age of 14-15 and giving birth before 17 was normal”, this view was given by Gujarat High Court while dealing with the plea regarding the termination of over 7 month old foetus of a minor rape survivor. A bench of Justice Samir J Dave was hearing this plea, during the hearing the rape survivor’s advocate by lure of girls age asked for the termination of her foetus, to which Justice said, “we’re living in the 21st century and to get married during our grandmother’s time, 14-15 years of age was the maximum, a child used to get born before the mother attaining the age of 17 years and girls get mature way before boys”.
The High Court further said that they have also consulted with the doctors regarding this matter as the foetus is over 7 months old. The Court has given directions to get medical tests done of the minor, and the court will arrive to a conclusion only after obtaining the doctor’s recommendation. The next hearing of the matter will take place on 15th of June.
The survivors advocate has said that, as per the Muslim law, the age for marriage is 13 years. Survivor’s father got to know about the foetus after 7 months, and for its termination he had then filed a plea in the High Court.
In India, regarding certain matters the abortion time was open till 20 weeks, but in 2020 after an amendment in this law the time duration was extended up to 24 weeks. However, in certain specific matters the permission of the Court could be taken for termination even after the completion of 24 weeks. In matters like these, the doctors should recommend that if the pregnancy is continued then either it will inflict a danger to the life of the mother or will hamper the mental or physical condition and the same could also happen to the child born.
The survivor’s advocate has also pleaded for speedy trial of this case as the tentative date of delivery is 16th August. The court has responded that if in the report, the condition of the foetus or the survivor is found to be stable, then they can not advance the permission of it’s termination. Lastly, the court has advised the advocate to find options regarding the adoption of that child born also.
My perspective on court’s this approach would be that since adoption is a basic human right, so no amount of religious blather should compromise that.
Written by – Yashashvi Mishra, College – S S Khanna Girls Degree College, University of Allahabad, Year – 2nd year 4th semester, an intern under Legal Vidhiya
0 Comments