A few days after the High Court judge referred to Manusmriti regarding the case of a minor girl wanting abortion, the accused was asked to explore if there was any possibility of a 'compromise' with the victim, he informed the court that he had a wife who is expecting at the moment.
The Gujarat High Court asked the man who is accused of raping and impregnating a minor girl if there was a possibility of a 'compromise' with the victim after the victim appealed for abortion in the court. The man told the court that he is married and his wife is pregnant.
Justice Samir Dave asked the authorities to produce the accused to explore the possibility of a 'compromise' between him and the victim after the court heard a plea from the rape survivor seeking permission to abort her seven-month pregnancy.
The 23-year-old accused, currently lodged in a sub-jail in the state’s Morbi town, was produced before the court on Friday evening. He said that he was married for over two years and his wife was also pregnant.
The court has now ruled out the possibility of a compromise, said the advocate for petitioner Sikandar Saiyed.
“Based on the medical report of the minor, the court has said that her medical termination of pregnancy would not be possible. The matter will be further heard on Monday, with the court granting time to father (of the survivor) to get his daughter’s opinion on the issue of bringing up her child,” said Saiyed.
In an observation during an earlier hearing, the court had said that it was once normal for girls to marry at a young age and deliver a child before they turned 17.
Indicating that he might not allow the petition if both the girl and foetus were healthy, Justice Dave had also referred to the Manusmriti, an ancient legal text of Hinduism, during the hearing on Wednesday.
The rape survivor’s father moved the HC seeking permission for termination of the pregnancy had crossed the 24-week threshold up to which abortion can be performed without a court’s intervention.
"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," the judge had told the girl's lawyer.
(With PTI inputs)