Bombay High Court Slams Parents For Seeking Termination Of Their "Mentally Unstable" Adopted Daughter's 20-Week Pregnancy

The Bombay High Court on Friday (January 3) pulled up a sexagenarian couple, who moved the court seeking permission for aborting the 20-week pregnancy of their adopted daughter, whom they claimed is "mentally unstable."

A division bench of Justice Ravindra Ghuge and Justice Rajesh Patil was irked to note that the senior citizen couple, who adopted the girl in 1998, allowed the girl to be away from house for hours altogether, ever since she attained the age of 13 years.

"When you say that she is mentally ill, how can you let her out of the house at 10 and she returns at 8, the next day? What kind of parents are you? You cannot now claim that she is mentally retarded, because you voluntarily chose to be her parents, she did not. And now you cannot say she is violent and uncontrollable and you can't look after her," Justice Ghuge orally told the counsel representing the parents.

The bench questioned the conduct of the parents, who contended that the girl was 'stubborn' and was not listening to them, right from her teenage years. The judges asked the parents as to why they adopted the girl, who was just six months, and now when she needs their care, they were not ready for it citing her 'mental health.'

"This is unconscionable...Don't you know the responsibility of a parent? One will never leave his or her daughter at her own, especially when they themselves claim she is mentally weak. This is unheard of," the bench orally remarked. 

Additional Government Pleader Prachi Tatake representing the State informed the bench that the girl was not mentally retarded as alleged by her parents. She pointed out from the Clinical Psychologist's report, that the girl was a case of a 'Borderline Personality Disorder' which is an effect of depression. She opposed the plea citing the 'no consent' given by the pregnant woman, to the abortion. 

"If you see the report, it speaks volumes. I do not want to expand the scope of this petition on the responsibilities of the adoptive parents. She is under depression that is what the report says," Tatake submitted.

The bench was informed that the woman did not receive the required love and affection from her adoptive parents, which could be a reason for her present medical condition. 

During the hearing, the bench sought to know why no First Information Report (FIR) is yet lodged by the parents of the woman with regards to their adopted daughter's unwanted pregnancy. To this, the counsel said that the daughter is 'non-cooperative' and thus the parents did not deem it fit to lodge any case.

Irked over this, the court orally said, "What? How can you make such a submission? You yourself said she is not mentally stable so why do you need her consent to lodge any FIR. This is seriously unconscionable..."

It therefore ordered the Mulund Police Station, to act in accordance with law, as and when the parents approach the local police to investigate this case.

"See the contentions, you (parents) seek MTP because the woman (their daughter) is unemployed. Let us be very clear, one being unemployed is not a ground for MTP. Also, please stop using this 'we are in our old-age' line again and again. If everyone thinks of their old-age only then no one will give birth to a child. You will have to look after your daughter," the bench said.

The judges, therefore, ordered the Medical Board in the State-run JJ Hospital to examine the woman and her pregnancy and also to evaluate her psyche.

The matter will be heard on Wednesday (January 8).