‘No Life Giver In World Like The Mother’: Gujarat HC Cites 'Skand Purana' While Allowing Minor Girl To Abort 17-Week Pregnancy

In its order, Justice Samir J. Dave referred to the following verse from the Hindu religious text Skanda Purana, the largest Mukhyapurana, to emphasise the value that mothers hold in our society:

"नास्ति मातृसमा छाया नास्ति मातृसमा गतिः। नास्ति मातृसमं त्राणं नास्ति मातृसमा प्रपा।।" [माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। माता के समान इस विश्व में कोई जीवनदाता नहीं।] [Translation: there is no shade, shelter and protection like that of a mother, no life giver in this world like the mother]

Importantly, before allowing the plea for abortion, the Court, taking note of the facts of the case, orally remarked that the parents of the minor girl should not pressure her to go for an abortion.

Read more about the case here: 'You Shouldn't Pressurise Her To Terminate Pregnancy': Gujarat High Court Tells Minor Girl's Father While Allowing Abortion Plea

Essentially, in the plea moved by the father of the girl, it was stated that the girl and the accused/boy (aged 22 years old) entered into a physical relationship due to which she got pregnant (now having 16-17 weeks of pregnancy).

Before the Court, the counsel for the girl's father submitted that the accused kept the relationship despite knowing that she was pregnant and the father got to know about the pregnancy when she saw the image of the pregnancy kit in the mobile of the girl.

Further, the counsel also submitted that if the pregnancy is not terminated, the image of the girl's family will be ruined and it will also affect the marriage prospects of other girls in the family. He also apprised the Court that the parents were not willing to get their daughter married to the accused/boy.

On the other hand, the Counsel appearing for respondent No. 6-original accused (booked under the POCSO Act) submitted that the original accused is ready to marry the victim and to accept all responsibilities of the victim as well as of the child to be born.

It was also submitted by him that the dispute between the parties relates to caste and that the victim has never agreed to her medical termination of pregnancy and that the present petition has been filed only on account of the pressure of her parents.

However, considering the statement of the victim recorded under section 164 of CrPC as well as before the Police and medical report of the victim, the Court was of the considered opinion that the victim girl should be permitted to terminate her pregnancy.

The Court also noted that there was not much significance to the objection raised by counsel for the accused in view of the fact that the relationship between the accused and the victim as of today does not have any legal recognition and the victim is minor.

Importantly, the Court also relied upon a ruling of the Kerala High Court wherein it permitted a woman claiming to be separated from her ‘abusive husband’ to terminate her over 20-week pregnancy.

Justice Dave noted that the Kerala HC, in that case, had gone to the extent of saying that the consent of the husband is not required in a case where the wife desires to terminate her pregnancy thereby giving respect to the desire of the woman and significance to her dignity.

Further, stressing that if the victim does not want to continue with her pregnancy, then this Court cannot compel her to continue her pregnancy, the Court gave its nod for the termination.

The Court directed the Chief Medical Officer/ Medical Superintendent, Civil Hospital, Gandhinagar to take necessary steps for undertaking the procedure of medical termination of pregnancy of the applicant/victim girl at the earliest possible time.

Case title - XYZ vs. State of Gujarat and others

Case Citation: 2023 Livelaw (Guj) 150

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