Final arguments over,case reserved for verdict

Consent of the victim cannot be decisive. The so-called consent of the girl is no assent either in law or fact...

Consent of the victim cannot be decisive. The so-called consent of the girl is no assent either in law or fact, argued senior standing counsel for the UT Administration,advocate Anupam Gupta on the UT Administrations petition seeking termination of pregnancy of the 19-year-old mentally challenged girl who was allegedly raped at Nari Niketan. The case has been reserved for final orders.

Gupta countered the averments of senior advocate R S Cheema,who was appointed amicus curiae in the case. Cheema had stated that since the victim had expressed her willingness to give birth to the child,her pregnancy should not be terminated.

Reacting to Cheemas statement that mild mentally challenged people have the capability to take a decision for themselves,Gupta said: This is a myth,which is completely belied by present scientific knowledge. It is a structural edifice of myth built on a foundation of highly wishful postulates of mental retardation. The argument is underlaid by sincerity and overload of commitment yet it is mere euphoria.

Dismissing the averment of Cheema wherein he had emphasised that the girls desire to give birth was ultimate,Gupta said: If this expression of desire is taken as consent,it will be a complete travesty of consent in moral,philosophical and legal category. How can one question her regarding termination of pregnancy when she does not even understand what pregnancy is? She is blissfully oblivious of her pregnancy and unaware of the sexual act.

Gupta strongly defended the psychiatry report submitted by Dr Ajit Avasthi,Department of Psychiatry,PGI,upon which the amicus curiae had cast a shadow of doubt. It is strange that the amicus earlier objected to the report of the GMCH-32 doctors. It was on his suggestion that a second opinion was taken from the expert panel of PGI doctors. Now that their report has come,the amicus is still objecting.

Reacting to Cheemas argument that children of mentally challenged rape victims can be taken care by institutes like Nari Niketan and Ashreya,Gupta said: Its easier said than done. We seem to be living in a realm of imagination. I am not trying to run down his argument by calling it a fantasy but such change,although welcome,is yet an illusion oin our

society.

Concluding the counter arguments on behalf of the amicus curiae,his assistant advocate Tanu Bedi said consent of the victim matters most. She is not mentally incompetent to give consent. Despite her communication problems,she has expressed her desire to give birth to the child. She has immense strength and resilience.

Story continues below this ad

We dont even know our destiny,how can we be script the future of someone else? concluded Bedi.

Stay updated with the latest - Click here to follow us on Instagram