Guwahati: The Gauhati High Court has ordered the immediate medical termination of pregnancy for a 15-year-old gang rape survivor from Doomdooma town in Tinsukia, Assam.
The court’s directive comes despite the Medical Termination of Pregnancy (MTP) Act, 1971, which generally prohibits termination beyond 24 weeks, as the minor is now over 26 weeks pregnant.
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The court invoked its powers under Article 226 of the Constitution of India to issue the directive, taking up the case suo motu based on a news report published on November 29, 2024.
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The report highlighted the minor’s plight, who became pregnant after allegedly being gang-raped by seven individuals, including four minors.
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The victim’s family consented to the termination after being approached by the District Legal Services Authority (DLSA) of Tinsukia.
A medical board constituted under the MTP Act found the victim fit to undergo a medical termination procedure, despite potential complications such as hemorrhage and future infertility.
The court determined that the danger to the victim’s physical and mental well-being outweighed the challenges of the procedure.
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Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund also noted that the risks involved in terminating the pregnancy were comparable to those of carrying it to full term.
The High Court ordered the Medical Board and the Child Welfare Committee in Tinsukia to arrange for the termination at a suitable medical facility.
The Assam government has been instructed to cover all medical and transportation costs, as well as provide psychological counseling for the minor to assist with pre- and post-procedure recovery.
The court said the case would be reviewed again on December 19.