The Bombay High Court Today (Jan 8) criticized a 66-year-old man for seeking to terminate the pregnancy of his 27-year-old adoptive daughter, citing her below-average intelligence. The Court emphasized that varying levels of intelligence do not strip an individual of the right to motherhood, as the woman and her foetus were found physically normal. Encouraging dialogue about her desire to marry the father of the child, the Court stressed the importance of parental responsibility, setting a significant precedent in a complex legal and ethical case.
Thank you for reading this post, don't forget to subscribe!
MUMBAI: The Bombay High Court criticized a 66-year-old man who sought the termination of pregnancy for his 27-year-old adoptive daughter, who has below-average intelligence.
The woman, who is over 20 weeks pregnant, refused to consent to the abortion. A medical board confirmed that the foetus is normal.
The Bench, comprising Justice Ravindra V. Ghuge and Justice Rajesh S. Patil, observed that the woman is not legally declared mentally ill or retarded. Instead, her case is classified as borderline intellectual functioning.
“Observation is she has below average intelligence. Nobody can be super intelligent.. we are human beings, everybody has different level of intelligence. Because she has below average intelligence, she has no right to be a mother?”
-the Court asked.
The petitioner, who adopted the woman when she was six months old in 1998, claimed she suffers from mental disorders, including borderline personality disorders and depression. He alleged that she is violent and requires constant medication.
He also stated that she has been sexually active since she was 13 or 14 and often goes out at night without informing him. According to the petition, the father learned about her pregnancy on November 26 during a routine hospital check-up. He also cited his financial constraints and old age as reasons for being unable to support the child.
In a prior hearing, the Court had referred the matter to a medical board for examination. The Court was informed that both the woman and the foetus are physically normal, and termination could be carried out if ordered.
The woman reportedly disclosed her partner’s name and expressed a desire to marry him. The Court encouraged the woman’s parents to explore the possibility of the marriage.
“Can parents take initiative and talk to this man.. What you have said is that that she wants to marry the man. It is not an offence. She is 27 year old. She should feel comfortable, not terrorised,”
-the Court remarked.
Addressing the childbirth, the Court emphasized that the father’s old age cannot be a reason to refuse responsibility for the child.
“Parents must do their duty. You adopted her [pregnant woman] when the baby [she] was five months.. Now you know that the child has grown with you,”
-the Court stated.
The Court granted time to confirm whether the woman’s partner is willing to marry her.
The next hearing is scheduled for January 13.
Click Here to Read Previous Reports on Pregnancy
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
