The Gauhati High Court has granted permission for the abortion of a 15-year-old gangrape victim, who is 26 weeks pregnant, in a case that underscores both legal and humanitarian considerations.
The victim, hailing from Assam’s Tinsukia district, is to undergo the medical procedure in her “best interest,” according to the court’s directive.
Taking suo motu cognizance of a media report, a division bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund directed the Assam government to arrange a “medical termination of pregnancy” for the minor and submit a status report by December 19.
Under the Medical Termination of Pregnancy Act, 1971 (MTPA), abortion beyond 24 weeks is generally prohibited.
However, the court intervened after the case revealed exceptional circumstances.
The victim, aged 14 at the time of the assault, was gangraped by seven individuals, including four minors, according to a news article dated November 29.
Hearing the case (WP(C)(Suo Moto)/1/2024) on December 5, the court formed a medical board and a district-level committee as per MTPA guidelines to assess the victim’s condition.
The board’s report deemed the girl “fit to undergo any obstetrical procedure” but did not explicitly recommend termination, citing the provisions of the Act.
The court acknowledged the risks involved in terminating a pregnancy at 26 weeks but noted that these risks are comparable to those associated with delivering the baby at full term.
Citing a recent Supreme Court judgment in a similar case from Maharashtra, the Gauhati High Court asserted its authority under Article 226 of the Constitution to order a medical termination of pregnancy in exceptional cases.
“The court is of the considered opinion that this is a fit case for ordering MTP, i.e., Medical Termination of Pregnancy, of an unwanted foetus, which would be in the best interest of the victim ‘X’ given her minority,” the court stated.
The bench clarified that since the procedure is being conducted under judicial orders, the penal provisions of the MTPA and related rules would not apply.
The court instructed the formation of a team of expert medical practitioners to carry out the procedure either in Tinsukia or at the Assam Medical College and Hospital in Dibrugarh.
The state government has been directed to bear all expenses.
Additionally, the district authorities have been asked to provide counselling support to the minor to help her mentally prepare for the procedure and offer post-procedure counselling if necessary.
The court also noted that the victim and her parents had given informed consent for the termination, fully aware of the risks involved.
This ruling underscores the court’s effort to balance the legal framework with the urgent need to protect the physical and mental well-being of a minor in a deeply distressing situation.
