Gujarat HC judge advises minor rape survivor's lawyer to read Manusmriti during abortion deliberations

Justice Dave said that it would be difficult to pass an abortion order because a six-seven-month-old fetus can survive premature delivery in the incubator

A Gujarat High Court judge, while seeking the opinion of medical experts as to whether abortion can be performed on a seven-month-pregnant minor rape survivor, asked her lawyer to read the highly contentious ancient book, Manusmriti, to understand how women used to get married early back in the day.

"Because, we are living in the 21st century. Ask your mother or great-grandmother, 14-15 was the maximum age. First child would be born by the age 17. Girls become mature early than the boys. Four-five months here and there doesn't make any difference. You will not read it but do read Manusmriti for once," justice Samir J Dave said in the open court on Wednesday.

Justice Dave gave this advice when the victim's lawyer, Sikander Saiyed, mentioned her age to argue why abortion was important. Saiyed told the court that had she been in her 20s, it could have been a different scenario.

Read | Women in US turn to cheap abortion pills from India

While seeking the opinion of medical experts, Justice Dave said that it would be difficult for the court to pass an abortion order because a six-seven-month-old fetus can survive premature delivery in the incubator.

"If any serious ailment is there in the fetus or the girl, the court can certainly consider. If both are normal, it would be very difficult for the court to pass such type of order, take it from me," Justice Dave said.

The court passed the order directing the medical superintendent, civil hospital, Rajkot to conduct medical examination of the rape survivor through a panel of doctors on an urgent basis.

The court also directed to carry out ossification test of the applicant survivor to ascertain her age and examination of her mental condition by a psychiatrist of the civil hospital.

The court also sought the opinion of the panel of doctors as to whether it is advisable to terminate the pregnancy and the condition of the fetus.