'No Higher Insult To A Woman Than Trying To Touch Her Dignity': Gujarat HC Allows Abortion Plea Of Girl Allegedly Raped By Father

Allowing a plea filed by a 12-year-old, who was allegedly raped by her father, to abort her nearly 27-week pregnancy, the Gujarat High Court today observed that there is no higher insult to a woman than trying to touch her dignity. 

Calling the case as shocking and painful, the bench of Justice Samir J. Dave, quoting from 'Durga Saptashati', observed thus:

"स्त्रिया: समस्ता: सकला जगत्सु [जगत की समस्त स्त्रियां तुम्हारा ही स्वरूप हैं] अर्थात हे देवी जगदम्बे, जगत में जितनी भी स्त्रिया हैं वह सब तुम्हारी ही मुर्तिया हैं । इसलिए अगर स्त्री चाहे तो वह सब कर सकती हैं जो वह करना चाहती हैं, यह ताकत सिर्फ़ उसीमे हैं जो बड़े बड़े संकटों का नाश कर, श्रेष्ट से श्रेष्ट और कठिनतम कार्य भी पूर्ण कर सकती हैं । जरुरत हैं तो सर्वशक्तिमान नारी को स्वयं को पहचानने को ।"

[English Translation: O Goddess Jagdambe, all the women in the world are your idols. Therefore, if a woman wants, she can do whatever she wants, this power is only in her who can destroy big problems and can complete even the most difficult tasks. There is a need for the Almighty Woman to recognize herself]

In its order, the Court also stressed that one of the best ways to understand the spirit of a civilization is to study the history of the position and status of women in it.

The case in brief

The Case was mentioned in Justice Dave's Court on September 4 for an urgent hearing wherein the victim's counsel submitted that the victim girl was raped by her father only and the mother lodged an FIR against him on September 2.

It was further apprised to the bench that the medical examination conducted pursuant to the registration of an FIR revealed that the victim was 27/28 weeks pregnant and that she was willing to terminate her pregnancy.

On that day itself, the Court directed the medical officer and medical superintendent of the Vadodara-based hospital to examine the victim under the Medical Termination of Pregnancy Act and submit a report before the Court.

Court's September 6 order

On Wednesday, the Court perused the medical report which stated that the victim girl is carrying a pregnancy of 26 weeks and 05 days and no significant systemic abnormality has been detected. The report also did not show signs of any associated pregnancy complications.

Hence, without entering into the criminality of the act committed by the accused, the Court deemed it appropriate to order the medical termination of pregnancy of the victim by directing the Medical Officer and Medical Superintendent, S.S.G. Hospital, Vadodara to take necessary steps for undertaking the procedure at the earliest possible time.

"It is expected that the respondent-authorities concerned would take necessary care, sensitivity and caution so that the procedure of medical termination of pregnancy of the victim girl could be undertaken smoothly keeping in mind the age as well as mental and physical health of the victim girl," the Court further observed.

Further, considering the tender age of the victim and the fact that the victim has to undergo strenuous mental/physical agony, the respondent-State was directed to pay an amount of Rs.2,50,000/- by way of compensation to the applicant-victim within a period of Two Months.

Out of the said amount of compensation, the Court directed that the concerned Department of the State Government shall pay Rs.50,000/- to the victim/her mother in the capacity of guardian, at this stage and the remaining amount of Rs.2,00,000/- shall be kept in Fixed Deposit Receipt with any nationalized Bank in the name of the victim.

For this, the Court appointed the concerned District Collector of the District s the guardian of the minor apropos the said FDR until the victim attains the age of 21 years. The annual interest accruing on such FDR shall be paid to the victim on a regular basis until she attains the age of 21 years, the Court's order reads.

With this, the plea was disposed of.

Case Citation:  2023 Livelaw (Guj) 148