High Court On Abortion Plea: Girls Used To Get Married, Deliver Child Before 17

Ahmedabad: The Gujarat High Court on Thursday observed that it was normal for girls earlier to get married and deliver a child before 17.

The court was hearing a petition seeking termination of over seven-month-old fetus of a minor rape survivor, LiveLaw reported.

Citing Manusmrity, Justice Samir J Dave said,

“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… Do read Manusmriti once for this,” Justice Samir J Dave said, citing one of the many legal texts and constitution among Dharmaśāstras of Hinduism.

It was an oral remark as the court directed a panel of doctors to carry out ossification test of the rape survivor and submit the report before next hearing (June 15).

The court said an abortion may not be granted if the fetus and the rape survivor are not in good condition.

“If any serious ailment is there in the mother or the fetus, 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,” Justice Dave said.

The delivery is expected on August 16.

The court asked the lawyer appearing for the minor’s father to start looking for adoption options.