Gujarat HC directs Rajkot Civil Hospital to examine minor rape survivor seeking termination of seven-month-old fetus

Ahmedabad: In response to a plea of a minor rape survivor seeking permission to terminate her pregnancy, the Gujarat High Court sought the opinion of the Rajkot Civil Hospital on whether it is advisable to abort a seven-month foetus on June 7, Wednesday.

Justice Samir Dave, however, passed a remark stating that it was once normal for girls to marry at a young age and deliver a child before they turned 17 while referring to the casteist and controversial Hindu text Manusmriti. The judge said that they would not allow the termination if the condition of both the mother and the foetus is good.

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The rape survivor is 16 years and 11 months old and is carrying a seven-month-old foetus. Her father had moved the HC seeking permission for abortion as the pregnancy had crossed the 24-week threshold up to which abortion cannot be performed without a court's leave. On Wednesday, his lawyer, Sikander Saiyed sought an early hearing, saying the family was concerned because of the girl's age.

The court directed the Medical Superintendent of Rajkot Civil Hospital to get the girl examined by a panel of doctors to find out if the medical termination of pregnancy was advisable.

The doctors should also carry out ossification test on the girl and a psychiatrist should ascertain her mental condition, Justice Dave said, asking the hospital to submit reports by June 15, the next date of hearing.

Responding to the family's concern related to the girl's age, Justice Dave said there was anxiety because "we are living in the 21st century". "Ask your mother or great-grandmother. Fourteen-fifteen was the maximum age (for marriage), and girls used to give birth to their first child before turning 17. And girls get mature before boys...Though you may not read, but you should read Manusmriti once," he added.

As the expected date of delivery is August 16, he consulted expert doctors in his chamber, the judge informed the lawyer. "The court can consider (allowing abortion) if any serious ailments are found in the foetus or the girl. But if both are normal, it will be very difficult for the court to pass such an order," the judge said.

The judge also advised the girl's lawyer to start looking for options in case the medical opinion went against the termination of the pregnancy.

"I will not give permission if both are found healthy. The weight of the foetus is also good...What will you do if the girl gives birth and the child lives? Who will take care of that child? I will also inquire if there are government schemes for such children. You should also check if someone can adopt that child," said the judge, while expressing his concern over the possibility of the live birth of the child during child birth.

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