Does woman with below average intelligence have no right to be a mother? Bombay High Court asks

The Bombay High Court on Wednesday criticized a 66-year-old man for seeking termination of pregnancy of his 27-year-old adoptive daughter with below-average intelligence. .The woman, who is over 20 weeks pregnant, has refused to consent to the abortion. A medical board has found the foetus to be normal.The Bench of Justice Ravindra V Ghuge and Justice Rajesh S Patil today observed that the expecting mother has not been legally declared as mentally ill or mentally retarded and it was only a borderline case of intellectual functioning."Observation is she has below average intelligence. Nobody can be super intelligent.. we are human beings, everybody has different level of intelligence. Because she has below average intelligence, she has no right to be a mother?" the Court asked..The petitioner, who adopted the woman in 1998 when she was just six months old, moved the court claiming that she has several other mental disorders including borderline personality disorders and depression.She is not only violent but is also in need of constant medication, the Court was told. The father also claimed that she had been sexually active since the age of 13 or 14 and often ventures out at night without informing him.As per the plea, he learned of his daughter’s pregnancy only on November 26 when she was taken to a hospital for a routine check-up. He has cited financial situation and old age to be unable to support the child..During the last hearing, the Court had referred the matter to medical board for the woman's examination. The Court was today informed that both the woman and the foetus are physically normal and pregnancy termination if ordered, can be carried out. It was also submitted that the woman has disclosed her partner's name and wants to marry him. The Court asked the woman's parents to see if the marriage is possible."Can parents take initiative and talk to this man.. What you have said is that that she wants to marry the man. It is is not an offence. She is 27 year old. She should feel comfortable, not terrorised," it remarked.On the childbirth, the Court said just because the woman's father is getting old, he cannot refuse to take care of the child."Parents must do their duty. You adopted her [pregnant woman] when the baby [she] was five months.. Now you know that the child has grown with you," it added..The Court granted time to ascertain whether the woman's partner would be willing to marry her.The case will be heard again on January 13.