Nithyakalyani Narayanan. V
The Gujarat High Court remarked that it was normal for girls of 14-15 years to get married and have children at 17 years in the past while dealing with a petition to terminate a 7-month-old foetus of a minor rape survivor.
The father of the rape survivor approached the Court with the request to terminate the foetus on the grounds of the tender age of the girl. “Because we are living in the 21st century, ask your mother or great-grandmother, 14-15 was the maximum age (for getting married). The child used to take birth before the age of 17. Girls get matured before boys. 4-5 months here and there doesn’t make a difference. You will not read it, but do read Manusmriti once for this, the Court held.
The Court directed the Medical Superintendent of Civil Hospital, Rajkot, to carry out the Ossification Test along with the Psychiatric examination of the rape survivor and submit the report to the court urgently. When the petitioner requested an early hearing of the case since the expected delivery date is August 16th, Justice Samir J. Dave said that “If any serious ailment is there in the mother or the foetus, the Court can certainly consider, if both are normal, it would be very difficult for the court to pass an order (for termination), take it from me”.
The single-judge bench remarked that the possibility of the child being born alive during termination should be considered. The court advised the father of the girl to start looking for adoption procedures and options.
According to Section 3 of the Medical Termination Act, of 1971, the upper limit of abortions for special categories of women (like rape or incest survivors) is 24 weeks, with the approval of registered doctors. The doctors must opine that the continuance of the pregnancy would risk the life or cause mental or physical injury to the pregnant woman, or the unborn child would suffer from any physical or mental abnormality.
Name of the Case: XXX v. Gujarat
Bench: Justice Samir J. Dave