The Gujarat High Court referenced Manusmriti to highlight that in the past, girls were married off between the ages of 14 and 16 and would have given birth to at least one child by the age of 17. Justice Samir Dave, a single-judge, made this observation during a case involving a plea from a rape survivor’s father seeking medical termination of his daughter’s pregnancy, which was at 7 months. The father’s lawyer, Advocate Sikander Saiyed, argued that the pregnancy would negatively impact the girl’s mental health, considering she was currently 16 years and 11 months old. Justice Dave responded by stating that in the past, it was common for girls to get married between the ages of 14 and 16, and they would have already given birth to a child by the time they turned 17. The court emphasized that terminating the pregnancy would require medical justification and ordered a medical examination of both the girl and the fetus. The next hearing is scheduled for June 15.
Gujarat High Court cites Manusmriti, states girls historically married at 14, gave birth by 17 in pregnancy termination case
