Guwahati, Dec 9: In a landmark decision, the Gauhati High Court has directed the medical termination of the pregnancy of a 14-year-old rape survivor from Tinsukia district in Upper Assam. The ruling came in response to a suo motu action triggered by a news report on November 29, which exposed the minor’s harrowing ordeal and her 23-week pregnancy resulting from a gang rape by seven individuals, including four minors.
The minor, identified as ‘X’ to protect her privacy, faced significant health risks due to the unwanted pregnancy. The court, citing Sections 3 and 4 of the Medical Termination of Pregnancy (MTP) Act, 1971, and the Supreme Court’s 2024 decision in A v. State of Maharashtra, ordered the termination to safeguard the victim’s health and fundamental rights.
The High Court directed the District Medical Board of Tinsukia, in coordination with the Child Welfare Committee (CWC), to assemble a team of medical professionals for the procedure. If the necessary facilities were not available in Tinsukia, the state was instructed to arrange for the victim’s transfer to Dibrugarh Medical College and Hospital, with full coverage of transportation and medical expenses.
In addition to the medical procedure, the court-mandated pre- and post-procedure counselling for the victim to support her mental health throughout the process.
The court also ensured swift implementation by sending copies of the order to relevant officials, including the Child Welfare Committee, District Commissioner, and Joint Director of Health Services in Tinsukia.
The victim’s parents and guardians, after outreach by the Tinsukia District Legal Services Authority (DLSA), consented to the procedure. The victim, who is currently in a shelter home, also expressed her willingness to undergo the termination.
Justices Kalyan Rai Surana and Susmita Phukan Khaund emphasized the urgency of the matter, stating that the termination was in the “best interest” of the minor, considering her age, the pregnancy duration, and associated health risks.
The Medical Board’s clinical report, submitted on December 7, will be reviewed at a follow-up hearing on December 19, ensuring continued care for the victim.
This judgment underscores the judiciary’s commitment to protecting the rights and well-being of vulnerable individuals, particularly minors and survivors of sexual violence, ensuring prompt action in such critical cases.
Read: Assam: Ward boy arrested for alleged sexual assault case in hospital; police starts investigation
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