GUWAHATI: Gauhati High Court has directed the medical termination of the pregnancy of a 14-year-old rape survivor from Tinsukia district of Upper Assam marking it as a landmark judgement.
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The decision was taken as a suo motu response to a news report published on November 29, which highlighted the minor’s ordeal and her 23-week pregnancy resulting from gang rape by seven individuals, including four minors.
The minor, referred to as ‘X’ to protect her identity, faced substantial risks to her health and well-being due to the unwanted pregnancy.
The court acted under Sections 3 and 4 of the Medical Termination of Pregnancy (MTP) Act, 1971, and in light of the Supreme Court’s decision in A v. State of Maharashtra (2024), to safeguard the victim’s health and rights.
The High Court directed the District Medical Board of Tinsukia, in coordination with the Child Welfare Committee (CWC), to form a team of medical experts to perform the procedure.
The Medical Board was tasked to examine whether adequate facilities were available in Tinsukia’s government or private hospitals. If not, the state was ordered to arrange the victim's transfer to Dibrugarh Medical College and Hospital, with transportation and expenses fully covered.
The state will bear all medical and logistical expenses, including post-procedure care and any additional healthcare needs.
The court mandated counselling for the victim, both pre-and post-procedure, to ensure her mental well-being during the process.
A copy of the court order was immediately sent to relevant officials, including the Child Welfare Committee, District Commissioner, and Joint Director of Health Services, Tinsukia, for swift compliance.
The victim's parents and guardians expressed their consent for the procedure after outreach efforts by the Tinsukia District Legal Services Authority (DLSA). The victim, currently housed in a shelter home, also confirmed her willingness to undergo the termination.
The division bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund highlighted the urgency of the situation, stating that the termination was in the “best interest” of the minor, considering her age, the length of the pregnancy, and associated health risks.
The clinical report from the Medical Board, submitted on December 7, will be reviewed further.
The case has been scheduled for a follow-up hearing on December 19 to ensure compliance and continued care for the victim.
This judgment reinforces the judiciary’s commitment to protecting the rights and well-being of vulnerable individuals, ensuring prompt action in critical situations involving minors and sexual violence survivors.
