Assam: Gauhati HC Permits Abortion for Minor Rape Victim at 26 Weeks

Guwahati: The Gauhati High Court has mandated that a 15-year-old gang rape survivor from Doomdooma town in Tinsukia, Assam, have her pregnancy medically terminated immediately. Since the minor is now more than 26 weeks pregnant, the court's order is in contravention of the Medical Termination of Pregnancy (MTP) Act, 1971, which normally forbids terminations beyond 24 weeks.

Based on a news article that was published on November 29, 2024, the court took up the case suo motu and used its authority under Article 226 of the Indian Constitution to give the directive. The report brought attention to the predicament of the minor, who allegedly fell pregnant after being gang-raped by seven people, including four minors.

After being contacted by Tinsukia's District Legal Services Authority (DLSA), the victim's family agreed to the termination. Despite possible risks like bleeding and future infertility, a medical board established under the MTP Act determined that the victim was well enough to have a medical termination treatment.

The court concluded that the risks to the victim's physical and mental health were greater than the procedure's difficulties. The risks of ending the pregnancy were similar to those of carrying it to term, according to Justices Kalyan Rai Surana and Susmita Phukan Khaund. The Tinsukia Medical Board and Child Welfare Committee were directed by the High Court to make arrangements for the termination at a suitable medical facility.

In addition to paying for all medical and transportation expenses, the Assam government has been directed to offer the minor psychiatric counselling to aid in their recuperation both before and after the treatment. The court stated that on December 19, the case would be re-examined.

Also Read:

Also Watch: