Chandigarh: It was at a Nari Niketan run by the Chandigarh administration that a mentally challenged, 20-year-old girl was raped.
The crime came to light when it was discovered she was pregnant. While two institute employees have been arrested for the rape, the girl wants to give birth to the baby. She is 18 weeks pregnant.
But opposition has come from the Chandigarh administration, which is her guardian since she is an orphan. It moved the Punjab and Haryana High Court seeking termination of the girl's pregnancy.
This week the court agreed with the administration that the pregnancy should be terminated.
"We find that the victim is neither intellectually nor on social, personal, financial or family fronts able to raise a child. We are satisfied with the reports that the victim is incapable of understanding the concept of motherhood or of pregnancy or pre and post-delivery implications. Asking her to continue with the pregnancy and, thereafter, raise the child would be a travesty of justice and a permanent addition to her miseries," the court said.
"Reports of the most of the doctors and psychologists read together does give an impression that though she is not giving her consent for termination of her pregnancy, yet she doesn't even understand the responsibility of raring a child. And she treats it like a toy," said R S Bains, intervening advocate.
But disability activists say her pregnancy should not be terminated without consent. They also point out that she has only a mild adverse mental condition.
"She is mildly retarded, but has a good IQ. She remembers her past experiences and if she is given that ambience and good environment, may be she can be cured. Pregnancy should not be terminated," said Ekta Thakkur, and advocate at the Guru Asra Trust.
Some NGOs have also offered to take responsibility for both mother and child. A special leave petition has now been filed in the Supreme Court which will be heard on Monday.
Can a mentally challenged woman take care of her child? Can she be allowed to give birth to a child? The apex court may have the final say, but the debate is already on, not just in the court rooms but even outside.
There are people who are both for and against and the topic has become an emotional issue for many.