‘Read Manusmriti’, Says Gujarat HC Judge Samir Dave in Plea for Aborting 7-mth Foetus of Minor Rape Survivor

New Delhi: A bench of Justice Samir Dave of the Gujarat High Court, while hearing a father’s plea seeking permission to terminate his minor rape survivor daughter’s 7-month foetus, in his oral observation advised her to “read the Manusmriti”, while citing instances of how it was “normal” for 16-17 year-old girls to deliver. The rape survivor is said to be a little over 16 years of age.“Because we are living in the 21st Century, ask your mother or grandmother, 14-15 was the normal age (for getting married). The child used to take birth before the age of 17. Girls get matured before boys. 4-5 months her and there doesn’t make a difference. You will not read it, but read Manusmriti once for this,” Justice Dave was quoted as saying by LiveLaw.

Read Also: Delhi HC Judge Praise for ‘Manusmriti’ for Giving ‘Respectable Position’ to Women Draws Sharp Criticism

The court, while hearing the petition of the minor’s father, Sikander Saiyed, who had requested an early hearing, as the delivery date was nearing, said it may not allow abortion if the foetus was found to be in “good condition,” said the report.

The Gujarat HC directed a panel of doctors to carry out an ossification test of the minor — meant to determine age — and also asked a psychiatrist to ascertain her mental condition.

Justice Dave asked the hospital to submit its reports by June 15, the next date of hearing.

The medical superintendent of the Civil Hospital in Rajkot was also directed to submit a medical opinion to the panel of doctors as to “whether it is advisable to perform the procedure of medical termination of pregnancy over the applicant....the medical condition of the foetus...”

As per the Medical Termination of Pregnancy Act, the upper limit for abortion is 24 weeks for special category of such women, such as rape or incest survivors. However, constitutional courts can permit termination of pregnancy beyond 24 weeks in inappropriate and deserving cases, after seeking expert medical opinion.

It may be recalled that in an event held last year, Justice Pratibha Singh of the Delhi High Court, had also courted controversy by saying that scriptures like Manusmriti give a very “respectable position” to women.

Read Also: Is Manusmriti Back With a Bang?

Her statement drew a lot of criticism from women’s groups, individuals and activists, who pointed out that Manusmriti has various examples of denigrating women.

“One may give at least ten other quotes from the same text where women are described as untrustworthy and completely driven by sexual passions and to be kept from acting independently, where it is prescribed that they may be superseded if they do not bear male children, where children born of a woman co-habiting with a man from a so-called ‘excluded’ caste are said to be subjected necessarily to ‘even greater exclusion’,” the All India Democratic Women’s Association had said in a statement then.