“Does a woman with below-average intelligence have no right to be a mother?” the Bombay High Court asked on Wednesday, as it criticized a 66-year-old man for seeking termination of his 27-year-old adoptive daughter’s pregnancy.
The woman, who is over 20 weeks pregnant, has refused to consent to an abortion, and a medical board has confirmed that both she and the fetus are physically normal.
The Bench of Justice Ravindra V Ghuge and Justice Rajesh S Patil observed that the woman has not been declared mentally ill or retarded, stating, “Observation is she has below-average intelligence. Nobody can be super intelligent… we are human beings, everybody has different levels of intelligence. Because she has below-average intelligence, does she have no right to be a mother?”
Father’s Concerns
The petitioner, who adopted the woman in 1998 when she was six months old, claimed she suffers from borderline personality disorder and depression and needs constant medication. He argued that her violent tendencies and history of venturing out at night without informing anyone make her incapable of raising a child.
He also cited his financial constraints and advancing age as reasons for being unable to support the child.
Court’s Response
The Court emphasized that the woman is an adult and capable of making her own decisions. The judges suggested that the father consider discussing a possible marriage with the woman’s partner, whom she has identified and expressed a desire to marry.
“Can parents take initiative and talk to this man? What you have said is that she wants to marry the man. It is not an offense. She is 27 years old. She should feel comfortable, not terrorized,” the Bench remarked.
The Court also rejected the argument that the father’s age absolves him of responsibility. “Parents must do their duty. You adopted her when she was five months old. Now you know that the child has grown with you,” it stated.
Next Steps
The Court granted time to explore the possibility of marriage between the woman and her partner. The case will be heard again on January 13.
