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Unintentional touching the most severe insult to Woman’s dignity: Gujarat HC

An 11-year-old girl who was raped by her own father was granted permission by the Gujarat High Court to have her 26-week pregnancy surgically aborted. In order to emphasise respect for women, the court presided over by Justice Samir Dave, a single judge, used the Hindu sacred scripture Durga Saptashati, also known as “Devi Mahatmya.”

The court granted permission for the survivor to have a medical abortion while requiring the State to make a 2.5 lakh compensation payment within two months. The girl is clinically average in IQ, according to the medical board, and is under stress as a result of the unintended pregnancy.

The essay was adopted by the court as a model for later literary and spiritual works that emphasised the supremacy of the feminine. The court further highlighted that the ultimate insult to a woman’s dignity is touching her without her consent.

The court agreed to the request for an abortion, noting the young woman’s age as a potential risk factor for future issues. Judge Dave has previously cited a religious text in response to a rape survivor’s request to terminate her “unwanted” pregnancy.

Case Title: XYZ vs. the State of Gujarat

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