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Girls used to give birth at 17, read Manusmriti: Gujarat HC
Manusmriti is an ancient Hindu text, authored by Manu, which codifies laws and rules of societal conduct.
Ahmedabad: Girls would, in the past, get married aged 14 or 15 and become mothers by 17, the Gujarat high court told a minor rape survivor who sought to terminate her seven-month-old foetus, even as the bench asked her to read the Manusmriti to this effect.
Read here: Girls used to get married, deliver child before 17: Gujarat HC on abortion plea
The girl’s advocate sought an early hearing before the court, arguing that she is expected to deliver on August 16. The single-judge bench of justice Samir JJ Dave, however, sought a medical opinion from a hospital in Rajkot and posted the hearing on June 15, according to legal news website LiveLaw.
The girl has been pregnant for roughly 28 weeks.
During the hearing, Dave told the girl, aged 16 years, 11 months, to ask her “mother or great-grandmother” about the age of marriage when they were young and said a gap of “four or five months doesn’t make a difference”.
“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,” he said.
“Four or five months here and there doesn’t make a difference. You will not read it, but do read Manusmruti once for this,” Dave added.
Manusmriti is an ancient Hindu text, authored by Manu, which codifies laws and rules of societal conduct.
The judge also expressed concern about the possibility of the child “being born alive during termination procedure”.
“If this happens, who will look after the child? Can a court permit killing the child, if she is born alive?” the judge questioned, and informed the lawyer that the court intends to consult the social welfare department.
“You also start looking for adoption options,” the judge said.
The Medical Termination of Pregnancy (MTP) Act, as amended in 2021, allows abortions up to 24 weeks for rape survivors. The law sanctions termination beyond 24 weeks only in case of substantial foetal abnormalities.
However, a constitutional court can invoke its extraordinary powers to sanction termination of pregnancy beyond 24 weeks in appropriate cases.
Read here: Assam man arrested for allegedly impregnating minor daughter, aborting child
In July 2022, the Delhi high court allowed a 13-year-old rape survivor to undergo medical termination of pregnancy after 26 weeks, saying her misery and suffering would stand compounded if she was forced to bear the mantle of motherhood at a tender age.
In August 2022, the Kerala high court also permitted the termination of the 28-week pregnancy of a minor rape survivor following the recommendation of a medical board.
