In a recent hearing at the Gujarat High Court, Justice Samir Dave, who had previously drawn criticism for citing Manusmriti while considering a plea for the termination of a minor rape survivor's pregnancy, directed that the accused be produced before the court to determine the potential for a compromise.
The judge expressed his willingness to explore various possibilities to save three lives—the child's, the survivor's, and the accused's.
The advocate representing the minor rape survivor informed the court that the family was unwilling to keep the baby if the court did not permit the termination of pregnancy. The advocate expressed concerns about the survivor's age and the potential health of the fetus. The court was also reminded of a Delhi High Court judgment that had allowed the termination of a 27-week pregnancy.
Upon hearing the advocate's submission, Justice Dave inquired about the whereabouts of the accused, to which the advocate responded that he was currently incarcerated. The judge then raised the question of a possible compromise, to which the advocate replied that attempts had been made to reach a settlement, but they had been unsuccessful.
Addressing the courtroom, the additional public prosecutor emphasized that the judge's queries were pragmatic and should not be misconstrued. He highlighted that Justice Dave's earlier reference to the Manusmriti, suggesting that girls in the past would marry at a young age and have their first child by 17, was taken out of context. The prosecutor clarified that the judge had stated that he would not permit the termination if both the minor survivor and the fetus were found to be medically healthy.
In response to the clarification, Justice Dave invoked the concept of "Sthita Pragna" from the Bhagavad Gita, stating that judges should possess the qualities of equanimity and be unaffected by praise or criticism. He expressed his belief that judges should remain focused on their duties despite public opinion.
The judge then shared his thoughts on potential solutions, including the possibility of utilizing government schemes and policies to address the situation. He expressed a desire to speak with the accused and gather more information before making a decision. The hearing was adjourned until the following day.
The case has garnered significant attention due to the judge's previous comments and the sensitivity of the issue.
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