MADURAI: Allowing a plea by a 15-year-old girl's aunt seeking permission to abort after the minor was impregnated by a history-sheeter, the Madurai Bench of Madras High Court observed that if the unborn child is given a choice, it definitely would not wish to be born.
Justice GR Swaminathan made the observation when the girl, who is nearly 11 weeks pregnant, initially expressed unwillingness to abort her child. He noted a division bench judgment in which the court refused to allow abortion of the foetus as the minor girl was unwilling to terminate the pregnancy. But Justice Swaminathan took a different view. He said the issue cannot be decided solely based on the wishes of the victim and ignoring the interests of the unborn child.
"While we do celebrate life, the foremost spiritual prayer is that there should be liberation from the cycle of births and deaths," he said. He quoted a verse from the Thirukkural meaning "If anything is to be desired, it should be freedom from birth" besides some verses from the 'Bhaja Govindam' song of Adi Shankara to drive home his point.
The judge pointed out that the father of the child seems to be involved in many criminal cases including murder and the minor girl is not in a position to maintain herself. Though the girl accompanied the accused on her own volition, it still is technically a POCSO case, he further added. Putting himself (the court) in the shoes of the unborn child, Justice Swaminathan said, "If a choice is given to the foetus now in the womb of the minor, it would definitely proclaim that it would not wish to be born."
But he soon added, "I am however spared of the trouble of taking such a harsh decision, overruling the stand of the victim," as the girl later consented to terminate her pregnancy.
He allowed the plea and issued directions ensuring that the final report in the case is filed as early as possible. He also instructed the Special Court concerned to pass appropriate orders for interim compensation so that the girl is paid Rs 5,000 per month for three years. He further ensured that the girl is taken care of by her paternal uncle as her father had died and her mother is unsound.