In a recent court hearing at the Gujarat High Court, Justice Samir Dave, a single-judge bench, referred to the ancient Hindu text Manusmriti to highlight historical norms of early marriage and childbirth for girls. The reference was made while addressing a plea filed by the father of a rape survivor, who sought permission for the medical termination of his daughter’s pregnancy, which had reached 7 months.
Advocate Sikander Saiyed, representing the father, argued that the girl was currently 16 years and 11 months old, emphasizing the potential adverse impact of the pregnancy on her mental health. In response, Justice Dave remarked that in the past, it was customary for girls to be married off between the ages of 14 and 16 and to have given birth to at least one child by the age of 17.
The judge suggested that the difference of a few months in the girl’s age would not make a significant impact since girls mature earlier than boys. He encouraged Saiyed to read the Manusmriti, an ancient legal text, stating that it contains relevant information on this matter.
The court also took note of the circumstances surrounding the case, highlighting the health of both the unborn child and the survivor. The bench emphasized that unless there are specific symptoms or adverse circumstances, no one, including the court, can permit the termination of the pregnancy.
Consequently, Justice Dave ordered the Medical Superintendent of Civil Hospital in Rajkot to form a panel to examine the girl and the fetus. The medical board was instructed to provide a report stating clearly whether the medical termination of the fetus is permissible or not. The next hearing for the case is scheduled for June 15.
Advocate Sikander Saiyed represented the petitioner, while Additional Public Prosecutor JK Shah represented the state.
It is important to note that the court’s reference to Manusmriti and the observations made are subject to interpretation and may not reflect contemporary societal norms or legal standards. The court’s decision will be based on a thorough examination of the medical and legal aspects surrounding the case.
