Madras HC Madurai bench dismisses man's plea to terminate daughter's pregnancy
Furthermore, his daughter was of the opinion that it was a delight for her to carry the foetus, said the Judge.
Madurai: The Madurai Bench of Madras High Court on Tuesday dismissed a petition filed by a father seeking to terminate the pregnancy of his minor daughter. Though the petitioner Marimuthu from Old Ayakudi village in Dindigul district contended that his daughter was made pregnant after she had been 'kidnapped' and raped by 17-year-old man on February 13, Justice S Vimala dismissed his petition stating that under Indian Penal Code abortion of foetus is an offence. Furthermore, his daughter was of the opinion that it was a delight for her to carry the foetus, said the Judge.
"Whether the foetus carried is a pain or pleasure is the subjective opinion of the minor girl and the girl has formed an opinion that it is the total delight. When India has ratified the conventions on the rights of the child and when the consent of the victims' girl can't be dispensed with while aborting pregnancy, this court has no option except to decline permission to terminate pregnancy, veiling it open the question, who is to bear the control," said Justice Vimala.
Though the girl was a minor at the time of incident, both were now married. "She is a major now. When the marriage is not shown to be void, then the request of the petitioner to terminate the pregnancy of the daughter without her consent cannot be permitted" the judge said
On the petitioner's contention that under POCSO act the consent of the victim was immaterial up to her age of 18 for termination of pregnancy, the judge said that these contradictions/ controversies/ conflict which touched upon the constitutional validity of the POCSO act can't be decided by this court sitting single.
Hence the judge observed “…if deemed appropriate, the chief justice could consider posting this matter before the division bench for deciding the constitutional validity of the POCSO Act."
Pointing out that the Child Marriage Act is silent on sexual relations in a child marriage, the judge said it extends legitimacy to children born of child marriage and indirectly acknowledging sexual intercourse within the marriage. In the case of IPC, sexual intercourse with a wife above 15 years of age and below 18 years of age will not amount to rape, said the court.