'Is There A Chance To Compromise?': Gujarat HC Directs Production Of Rape Accused From Jail In Minor's Pregnancy Termination Plea To Explore 'Possibilities'

While dealing with a plea seeking termination of over 7-month-old fetus of a minor rape survivor (aged 16 years 11 months old), the Gujarat High Court today directed for the production of the Rape Accused from jail to explore 'possibilities'. 'Where is the accused? Is there a chance of compromise?', the bench of Justice Samir J. Dave orally remarked before passing this order. He also added that he has something in his mind that he did not wish to disclose now. 'Is there a chance of compromise?': Gujarat High Court orally remarks in the plea filed by the father of a Rape Survivor Minor seeking termination of her 29-week pregnancy.HC directs for the production of the POCSO accused from the Jail to explore 'possibilities'.#GujaratHC pic.twitter.com/a13dZwJDkB— Live Law (@LiveLawIndia) June 15, 2023In response to this, the counsel for the victim, Sikander Saiyed said that he put in his best endeavours, but the accused was not ready. He added that this would save three lives (the victim, the child and the accused). Interrupting him, when the APP appearing for the State pointed out that the last time something was said by the Court (Manusmriti remark) in good faith, but it was taken otherwise, Justice Dave said thus:"Learned APP is saying that if something is coming from the Court, then people criticise you, but one thing I may say is that a Judge must be like 'sthita prajña' as per Bhagavad Gita's Chapter 2, shloka 54 to 72. A Judge has to be like that. Praise or criticism should be ignored." Further, the Court added thus: "If the accused is behind the bar, let me call and ask him. Let me ascertain from him. As of now, I am not disclosing what is there in my mind. There are many government schemes...I have not disclosed my mind. We are just thinking about possibilities." the Court said.The Court also made it open for the counsel of the victim to call the parents, or the victim herself to the Court. The Court also called upon him to think about what can be done in the case and also explore the possibilities of adoption. The Court also reiterated that it has not disclosed what is there in its mind.Against this backdrop, when the APP for the state again pointed out that he was worried about the misquotation (by the media), the bench said that one has to ignore it.It may be noted that the Accused is presently lodged in a Jail in the Morbi district of the state. The Court has ordered the police to produce him before the Court on Friday, June 16 at 4 pm.It may be recalled that this is the same matter wherein on the last day of the hearing, the bench had orally observed as to how it was normal in the past for 14-15-year-old girls to get married and deliver a child before they turn 17.On June 7, as the Counsel for the father of the rape survivor pressed for medical termination of the fetus in view of the tender age of the girl, the Bench of Justice Samir J. Dave remarked thus:“Because we are living in the 21st century, ask your mother or great-grandmother, 14-15 was the maximum age (for getting married). The child used to take birth before the age of 17. Girls get matured before boys. 4-5 months here and there doesn’t make a difference. You will not read it, but do read Manusmruti once for this.”Read more about the case here: ‘14-15 Year-Old Girls Used To Get Married & Deliver Child Before 17 In Past, Read Manusmriti’: Gujarat HC In Plea For Termination Of Minor’s 7-Month FetusIt may be noted that pursuant to the Court's June 7 order, a medical board of Rajkot Hospital today submitted its report giving its opinion regarding the termination of the fetus and the Court took the report on the record.

'Is There A Chance To Compromise?': Gujarat HC Directs Production Of Rape Accused From Jail In Minor's Pregnancy Termination Plea To Explore 'Possibilities'

Sparsh Upadhyay

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