<p>The Gujarat High Court judge who stoked a controversy by suggesting a lawyer to read the controversial ancient scripture Manusmriti to understand how women used to get married and have children early, on Thursday asked the lawyer if there was a “chance of compromise” between a minor rape survivor and the accused.</p>.<p>The rape survivor is seven months pregnant and has sought an abortion.</p>.<p>Justice Samir Dave passed an order directing the police to produce the accused before the court on Friday and kept it open for the victim or her parents to be present on the day following the request of the victim’s lawyer.</p>.<p>After the victim’s lawyer Sikander Saiyed briefly argued for abortion on the grounds that it was traumatic for the girl to keep the pregnancy due to her age and mental health, Justice Dave inquired, “Where is the accused? Is there a chance to (sic) compromise?”</p>.<p>Saiyed responded that in the past he had made attempts to convince the accused but he refused.</p>.<p>The lawyer said that both the victim and accused are labourers and he had tried different options to save three lives — the victim, the child and the accused — but to no avail. Justice Dave, then, passed an order asking the police to produce the accused on June 16 stating that he may ask him to ascertain. He added that he wouldn’t disclose what is in his mind as of today.</p>.<p>The moment Justice Dave asked about any chance of compromise and Saiyed started answering, the assistant public prosecutor (APP) stood up and pointed out that the court’s view will be taken differently like the last time — the reference to Manusmriti.</p>.<p>Justice Dave paraphrased the APP’s words to say, “The APP is saying that if something comes from the court then people criticise you. That is what he wants to convey, but one thing I may say is that a judge must be like ‘sthita prajna’. Its definition is given in Bhagwat Gita, chapter-2 Samkhya Yoga, sloka 54 to 72. A judge has to be like that. Praise or criticism one should ignore both...”</p>.<p>Last week, Justice Dave had asked the victim's lawyer, who had requested an abortion due to her tender age, to read Manusmriti, while saying, "We are living in the 21st Century... But ask your mother or great-grandmother, [before] 14-15 was the maximum age... The first child would be born by the age 17... Girls mature faster than boys. Four-five months here and there doesn't make any difference. You will not read it but [I suggest you] do read Manusmriti once."</p>
<p>The Gujarat High Court judge who stoked a controversy by suggesting a lawyer to read the controversial ancient scripture Manusmriti to understand how women used to get married and have children early, on Thursday asked the lawyer if there was a “chance of compromise” between a minor rape survivor and the accused.</p>.<p>The rape survivor is seven months pregnant and has sought an abortion.</p>.<p>Justice Samir Dave passed an order directing the police to produce the accused before the court on Friday and kept it open for the victim or her parents to be present on the day following the request of the victim’s lawyer.</p>.<p>After the victim’s lawyer Sikander Saiyed briefly argued for abortion on the grounds that it was traumatic for the girl to keep the pregnancy due to her age and mental health, Justice Dave inquired, “Where is the accused? Is there a chance to (sic) compromise?”</p>.<p>Saiyed responded that in the past he had made attempts to convince the accused but he refused.</p>.<p>The lawyer said that both the victim and accused are labourers and he had tried different options to save three lives — the victim, the child and the accused — but to no avail. Justice Dave, then, passed an order asking the police to produce the accused on June 16 stating that he may ask him to ascertain. He added that he wouldn’t disclose what is in his mind as of today.</p>.<p>The moment Justice Dave asked about any chance of compromise and Saiyed started answering, the assistant public prosecutor (APP) stood up and pointed out that the court’s view will be taken differently like the last time — the reference to Manusmriti.</p>.<p>Justice Dave paraphrased the APP’s words to say, “The APP is saying that if something comes from the court then people criticise you. That is what he wants to convey, but one thing I may say is that a judge must be like ‘sthita prajna’. Its definition is given in Bhagwat Gita, chapter-2 Samkhya Yoga, sloka 54 to 72. A judge has to be like that. Praise or criticism one should ignore both...”</p>.<p>Last week, Justice Dave had asked the victim's lawyer, who had requested an abortion due to her tender age, to read Manusmriti, while saying, "We are living in the 21st Century... But ask your mother or great-grandmother, [before] 14-15 was the maximum age... The first child would be born by the age 17... Girls mature faster than boys. Four-five months here and there doesn't make any difference. You will not read it but [I suggest you] do read Manusmriti once."</p>
