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Assam: Pregnancy Terminated; Gauhati High Court Orders Counselling of Parents

The Gauhati High Court on Thursday directed the Secretary, District Legal Services Authority (DLSA), to undertake counselling of the parents of the minor gang-rape victim

Sentinel Digital Desk

Staff Reporter

Guwahati: The Gauhati High Court on Thursday directed the Secretary, District Legal Services Authority (DLSA), to undertake counselling of the parents of the minor gang-rape victim, who was allowed to terminate her 26-week-old pregnancy, so that they do not contemplate abandoning her.

A division bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund, while conducting a hearing in the Suo Moto case (WP(C)(Suo Moto)/1/2024), further directed the Joint Director of Health Services, Tinsukia, and the Child Protection Committee, Tinsukia, to do necessary follow-up of the girl to continue to provide her with all the medical and counselling facilities in a manner they may deem appropriate.

The Amicus Curiae referred to the statements of the father and mother during the inquiry made by the Secretary, DLSA, and it was submitted that the parents had "expressed their disinclination" to bring back the girl to their home on the ground that it may affect her negatively. The victim referred to by the HC as 'X' is presently lodged in a shelter home.

The HC suggested counselling of the parents to deter them from abandoning the victim, as institutionalization might not be in her best interest, directing the Secretary, DLSA, through a learned paralegal volunteer, to undertake counselling of the parents.

Earlier, on December 9, the Court passed an order permitting the minor girl to get her pregnancy terminated, noting that it would be in her best interest. The victim 'X' is presently aged around 15 years and would not be able to look after a child on her own. Moreover, the victim was allegedly gang-raped, and she was disinclined to continue her 'unwanted' pregnancy.

Pursuant to the said order, the District Child Protection Officer (DCPO) submitted a status report before the HC, wherein it was stated that the medical termination of pregnancy (MTP) was conducted on December 14, and prior to that, the survivor was given prior counselling. Moreover, post MTP, the Counsellor of the District Child Protection Unit, the Supervisor of Child Helpline under the District Child Protection Unit, had visited the Assam Medical College and Hospital, Dibrugarh, for monitoring the girl at the direction of the DCPO. The girl was discharged after a few days with minimum medication and advised to attend the General OPD after six weeks.

The HC noted that, as per the discharge certificate, the 'abortos' or aborted foetus was handed over to the police party on December 14 for forensic examination.

Also, it was reported that the mother of the girl is bedridden and not physically fit to take care of the girl. Due to such reasons, the girl had been placed at an appropriate shelter home in Tinsukia for proper care, it was stated.

The HC, while expressing its appreciation for the timely steps and action taken by the various authorities concerned, further directed that the status of the health of the minor girl victim shall be reported on the next date of listing. The matter is listed for hearing next on January 29, 2025.

The court further directed the Secretary, DLSA, to also send its counselling report regarding the parents prior to the next date of listing.

 Also Read: Assam: Minor gang-rape victim case: HC orders termination of pregnancy by expert doctors

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