Criticised for invoking Manusmriti, Gujarat High Court judge responds by invoking Bhagavad Gita; says judges should ignore praise and criticism

Gujarat High Court judge Justice Samir Dave, who was criticised for invoking Manusmriti while hearing a plea by a rape survivor, said on Thursday that a judge must be like a "Stithaprajna" which as per Bhagavad Gita means one should ignore both criticism as well as appreciation.

Justice Dave had recently made oral observations on how girls in the past used to be married off at the age of 14 to 15 years and would deliver their first child by the age of 17 years.

The oral observations were made while he was hearing a plea filed by the father of a 16-year-old rape survivor, to medically terminate her 7 months pregnancy.

The judge while responding to the father's request to allow termination of the pregnancy considering the girl's tender age, had remarked how in the past girls were married by the time they attained 14 years of age. 

"Because we are living in the 21st century...Go and ask your mother or great grandmother, they will tell you that in the past, 14 to 15 years was the normal age for girls to marry. By the time they (girls) attain 17 years of age, they would deliver at least their first child," the judge had said on June 7. 

"Girls get matured much before than boys. It is mentioned even in Manusmriti. I know you may not but at least for this, you must read it," he had added.

On Thursday, when the matter came up for hearing again, the public prosecutor, representing the State, told the bench that certain observations made on the last date of hearing were taken in a wrong way. 

To this, Justice Dave invoked Bhagavad Gita and said judges should be like Stithaprajna. 

"I can only say judges should be like Stithaprajna, which is defined in the second chapter of Bhagwat Geeta. It means whether it is praise or criticism, one should just ignore it. Therefore, I firmly believe that a judge must be like Stithaprajna," Justice Dave underscored.

During the hearing, the judge sought to know from the survivor's counsel, advocate Sikander Saiyed if a compromise between the rape survivor and the accused would be possible.  

"I tried it earlier but there has been no positive response from him. As an officer of this court, I can say this would save three lives (lives of the child, the survivor and the accused)," the advocate submitted.  

The bench was further informed that the accused is presently lodged in a jail in Morbi district. 

To this, the bench responded, 

"Let me call him and ask. I will ascertain from him (if there are chances of compromise). As of now I am just thinking of possibilities. I am not saying what is going on in my mind but there are several government schemes. Let him come, will speak to him."

The judge even advised Saiyed to bring his client or even the survivor to the court on the next date of hearing. 

The bench accordingly adjourned the hearing till Friday evening.