Whether Girl Wants To Terminate Pregnancy Or Give Birth Is 'Purely Her Wish': Says Gujarat High Court, Permits Father To Withdraw Plea

While hearing a man's plea seeking termination of his minor daughter's 25 week pregnancy, the Gujarat High Court orally said on Wednesday that the girl's consent was required before termination and her parents cannot force her to terminate the pregnancy. 

The court thereafter permitted the father to withdraw the petition and disposed of the matter. The petition was filed seeking termination of pregnancy on the ground that the 16 year old girl was a rape victim coming from the very lower strata of the society.

On Monday (September 23) the court had directed the medical superintendent of the concerned hospital to conduct a medical examination of the girl by Tuesday and submit a report about the possibility of safely terminating the pregnancy at an advanced stage and whether the girl is "mentally and physically" fit  undergo such a procedure.

Thereafter when the matter was listed on Wednesday (September 25), a single judge bench of Justice Nirzar S Desai orally asked the petitioner's counsel, "Yes, what do you want? I am directing registration of FIR against parents...When the girl doesn't want to terminate the proceedings why the parents are forcing?”

The counsel for petitioner father submitted that the victim is only 16 years-old. To this the high court orally said, “She may be…she understands the consequences, right? Her consent is required before termination? Her consent is required". The counsel thereafter submitted that since the girl is a minor, the parents' consent is also required.

The court however orally said, “Suppose if the parents are forcing...consent and force are two different things". The father's counsel however said that the accused is the "cousin" and marriage between them is neither permissible nor possible.

At this stage the court orally said, “Permissible, possible all are different. Can anyone be forced to terminate the pregnancy? Therefore, you take instructions, I am directing registration of FIR against them (parents)". The petitioner's counsel however requested for the counselling of the girl arguing that she is 16 years old and "not aware about the consequences of the pregnancy and birth of the baby". 

The court however said, “Sorry, I will not say anything. Your petition is for termination, why should I say she may be counselled and all this? No, she is aware about everything. If she is not willing, you cannot force her to terminate. I am not going to say anything,… if you want withdraw this petition withdraw or I am passing appropriate orders”. At this stage the counsel said that the marriage is within the "prohibited degree". 

The court however orally remarked that it was not saying that the girl must marry the person who is accused but whether she wants to "terminate the pregnancy or give birth to the child is purely her wish". 

At this stage the counsel sought instructions from the petitioner father who was present in court, and prayed that "on instructions he may be permitted to withdraw" the plea. 

"The Petition stands disposed of as withdrawn," the high court directed. 

Case Title: X vs State of Gujarat 

LL Citation: 2024 LiveLaw (Guj) 141