Justice Sameer Dave of the Gujarat High Court ordered the police to produce the accused who raped a minor girl who was seven months pregnant. The court ordered the production of the accused to check the possibility of compromise.
“Where is the opportunity for the accused to compromise,” Justice Dave asked the victim’s lawyer Sikander Syed before passed the order.
The lawyer had earlier argued that forcefully giving birth to a girl could end her life. The girl’s father has filed a petition to terminate the pregnancy which is not medically viable.
The court also wanted to examine the possibility of adoption of the unborn child. The age of the rape victim is 16 years and 11 months. Her father approached the High Court and sought permission for the abortion as the pregnancy had crossed the 24-week threshold at which an abortion can be carried out without the court’s consent. Her lawyer sought an early hearing, saying the family was concerned because of the girl’s age.
Earlier during the hearing, Justice Dave had remarked that it was common for girls to marry young and have children before the age of 17, suggesting that he might not grant the petition if the girl and the fetus were healthy. Justice Dave also referred to the ancient scripture Manusmriti during the hearing.