A single bench of Justice Samir Dave of Gujarat High Court by invoking Manusmriti said that how in past girls were married by the age of 14 to 16 year and by the time they attend 17 years, they would deliver at least one child.
Justice was hearing the plea filed by a rape victim’s father who sought for termination of his daughter 7-month pregnancy.
Advocate appearing for the father submitted that the girl was 16 years old and thus this pregnancy would make an adverse impact on her health.
In response justice said that “Because we are living in 21st century… Go and ask your mother or great grandmother. They will tell you that in the past, 14 to 16 years was the normal age for girls to get married. By the time they (girls) attain 17 years, they would deliver at least one child”.
“See the point is girls get matured even before boys do. Four to five months here or there wouldn’t make much difference. It is there in Manusmriti, I know you won’t read that but still read it for this once”.
The bench further added that in the present case, which shows that the child and mother (rape victim) both are healthy.
“You must understand that no one, even the court, cannot permit you to kill the baby unless there are some symptoms or adverse circumstances”.