Arrange marriage, don’t terminate her pregnancy: HC to father of ‘mentally ill’ daughter

The Bombay high court advised a father to arrange a marriage for his 27-year-old daughter instead of terminating her pregnancy, ruling she has below average intelligence, not mental illness.

MUMBAI: The Bombay high court on Wednesday asked a 66-year-old man who was seeking to terminate his 27-year-old ‘mentally ill’ daughter’s pregnancy, to instead arrange her marriage with her partner, as she wanted.

Arrange marriage, don’t terminate her pregnancy: HC to father of ‘mentally ill’ daughter

Based on a report by JJ Hospital, the court also said that she was not “mentally ill” as the father claimed but just has “below average intelligence”. A bench of justice Ravindra Ghuge and justice Rajesh Patil asked the petitioner, “Just because she has below average intelligence, she has no right to be a mother?”

The senior citizen had approached high court, seeking permission to terminate the advanced pregnancy of his unmarried daughter on the grounds that she would not be able to take care of the child since she was mentally ill. He also said that due to his advanced age, he would not be able to tale care of them either.

The daughter, who did not consent to terminating the pregnancy, had also refused to share the name of her companion. However, S K Dubey, appearing for the father, told the court that she had revealed the name after the father’s petition was lodged.

“This law (Medical Termination of Pregnancy Act, 1971) is mainly meant to take care of victims of sexual offences. And we permit that routinely in case of (rape) victims. The woman has disclosed the name of the companion and says she loves him and wants to get married to the man. The parents should take the initiative (to arrange her marriage) now,” the court said. However, the lawyer for the petitioner told the court that the woman’s companion was not inclined to marry the woman as his parents wanted him to marry someone from his village in Uttar Pradesh.

The court had on an earlier occasion directed JJ Hospital to examine the 27-year-old and her foetus and submit a report. “She is not mentally ill,” the court said after reading the report presented by the psychiatric department of JJ Hospital and medical board appointed for examination of women referred for a medical termination of pregnancy.

The court observed that the medical board and the psychiatric department had agreed that a medical termination of pregnancy was possible. However, the court noted that the psychiatric department mentioned that she has a borderline mental deficit.