'You Shouldn't Pressurise Her To Terminate Pregnancy': Gujarat High Court Tells Minor Girl's Father While Allowing Abortion Plea

The Gujarat High Court today allowed a 17-year-old girl to terminate her pregnancy of around 17 weeks. The Court, however, in an oral remark said that the father of the girl should not pressurise her daughter to terminate her pregnancy. 

The bench of Justice Samir J. Dave made this remark as it took note of the medical report of the girl and her statements recorded before the police and the magistrate.

"You are pressurising your daughter? I have gone through her statement recorded under Section 164 CrPC. The mother of the victim knew about the pregnancy, and the parents of the boy/accused were also aware of the pregnancy of the girl...After getting to know about the pregnancy you (father of the girl) went to the police station," the bench remarked while speaking to the counsel for the girl's father.

To this, the counsel for the father of the girl, while pressing for termination, submitted that the victim is below the age of 18 and the boy is aged around 22 years, who was very much more mature than the girl and that he kept the relationship despite knowing that she was pregnant.

"You are not aware about the statements made by the girl before the police and the magistrate, that is why you are advancing such arguments. At present I can't show you those statements," the bench further remarked.

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. 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.

In response to this, the bench asked the counsel as to what would the father do, if the girl, after turning 18, decided to marry the accused as she would then have the right to make decisions related to her life. 

"They (parents) should not pressurise the girl (to terminate pregnancy), it transpires from the police papers, I feel...," the Court remarked.

In response to this, the counsel submitted that since the girl was below the age of 18, her lawful guardians were her parents and they could make decisions regarding the termination of her pregnancy.

Further, when the Court asked the counsel for the accused as to what he wished to submit, the counsel argued that both the girl and the boy were about the pregnancy and that the girl was not willing to terminate the pregnancy and the accused, currently in judicial custody, was willing to marry her. He also suggested that the girl should be sent to Nari Niketan to ascertain her willingness.

However, the Court said that it was not willing to exercise the habeas corpus jurisdiction. Further, looking at the content, facts and circumstances of the case, the Court ultimately allowed the plea and gave its nod for the medical termination of the pregnancy.

Case title - XYZ vs. STATE OF GUJARAT

Case Citation: 2023 Livelaw (Guj) 150

Click Here To Read/Download Order