The Gujarat High Court on Friday sought to know the 17-year-old rape victim’s wish whether she would like to move to Rajkot Civil Hospital for care as experts opined it was risky to terminate the pregnancy.
The victim is pregnant and her father had moved the court seeking permission for medical termination of pregnancy.
Earlier, Justice Samir Dave had sought medical opinion on the mental and physical condition of the girl and the status of the foetus. Medical experts informed court that the pregnancy appears to be of 30 to 32 weeks hence it is risky to terminate the foetus.
Justice talked with the father and the accused in his chamber and it was decided to hold further hearing on Monday. The girl’s father will inform court about her wish during the next hearing.
Justice Dave had earlier explored the possibility of a compromise. The victim’s side had categorically said that they would want to terminate the foetus, and the accused informed the court that a compromise was not possible as he was already married. His wife is also pregnant.
Earlier, civil society groups had said that courts making references to religious scriptures undermine the basis of jurisprudence. In one of his oral observations, Justice had made a mention of Manusmruti and said that earlier, women used to give birth at the age of 17.
The letter written to the President of India and the CJI stated that the practice of making references to scriptures and religious texts would negate the very basis of constitutional jurisprudence.
Hearing the case on Thursday, at one point of time, Justice Dave said that criticism or praise would not budge him. “One thing I may say is that a judge should be shitapragna,” he said. Shitapragna in Sanskrit means one who is contented, calm and firm in judgment and wisdom. This is mentioned in Bhagwat Gita.
The court had also asked the victim’s lawyer to discuss with the social welfare department the options for adoption and various other government schemes, should the child be allowed to be born.
