In a landmark decision, the Gujarat High Court has granted permission to a 12-year-old girl, who was allegedly raped by her father, to terminate her nearly 27-week pregnancy. The court, presided over by Justice Samir J. Dave, emphasized the sanctity and dignity of women, stating,
“there is no higher insult to a woman than trying to touch her dignity.”
Describing the case as both “shocking” and “painful,” Justice Dave invoked the ancient Hindu scripture ‘Durga Saptashati‘ to underscore the reverence towards women. The scripture, also known as
“Devi Mahatmya,”
is one of the earliest complete manuscripts from Hindu traditions that highlights the worship and reverence of the feminine aspect of God. Quoting from the scripture, Justice Dave observed:
“स्त्रिया: समस्ता: सकला जगत्सु जगत की समस्त स्त्रियां तुम्हारा ही स्वरूप हैं] अर्थात हे देवी जगदम्बे, जगत में जितनी भी स्त्रिया हैं वह सब तुम्हारी ही मुर्तिया हैं।”
English Translation: “O Goddess Jagdambe, all the women in the world are your idols. Therefore, if a woman wants, she can do whatever she wants, this power is only in her who can destroy big problems and can complete even the most difficult tasks. There is a need for the Almighty Woman to recognize herself.”
The court further highlighted that understanding the position and status of women is one of the best ways to gauge the spirit of a civilization. Archaeological findings from ancient India suggest a long-standing tradition of goddess worship, the court noted.
Detailing the case, it was brought to the court’s attention on September 4 that the young girl had been raped by her own father. An FIR was lodged by the mother on September 2. Medical examinations confirmed the victim’s 27/28-week pregnancy, and she expressed her wish to terminate it. The court promptly directed a Vadodara-based hospital to examine the victim under the Medical Termination of Pregnancy Act and submit a report.
On September 6, after reviewing the medical report, which indicated no significant systemic abnormalities or associated pregnancy complications, the court ordered the medical termination of the victim’s pregnancy. The procedure was to be carried out by the Medical Officer and Medical Superintendent, S.S.G. Hospital, Vadodara, with utmost care, sensitivity, and caution, keeping in mind the victim’s age and mental and physical health.
Considering the traumatic experience and the tender age of the victim, the court directed the respondent-State to compensate the victim with an amount of Rs. 2,50,000. Out of this, Rs. 50,000 would be given immediately to the victim or her mother, while the remaining Rs. 2,00,000 would be placed in a Fixed Deposit Receipt in the victim’s name. The annual interest from this deposit will be paid to the victim until she reaches the age of 21.
Justice Dave lamented the tragic circumstances, stating,
“In this case, it is very shocking and painful that the victim, who is an 11 years and 9 months old girl child, has been subjected to a heinous crime by none else but her own father.”
With this decision, the plea was disposed of.