Assam: Gauhati HC Allows 3 Days for Medical Exam of Pregnant Minor Gang-Rape Victim

Staff Reporter

Guwahati: In a case of major significance, the Gauhati High Court has given a deadline of three days to the medical board concerned to examine and submit a report on whether it would be appropriate to terminate the unwanted 23-week pregnancy of a minor gang-rape victim and the risk involved in such a procedure.

The division bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund issued the direction in a suo moto case (WP(C)(Suo Moto)/1/2024) in the matter of the gang rape of a minor girl by seven persons, including four minors, in a secluded spot in Tinsukia district. The incident occurred much earlier but came to light after several women and social organisations reported the matter to the police on November 28, 2024. By then, the girl was 23 weeks pregnant, and her family wanted the pregnancy to be terminated, if done without posing a threat to the girl's life. In view of the victim being a minor, an apprehension was expressed that the pregnancy could lead to a substantial risk to the life of the victim as well as the unborn child or foetus.

Under provisions of Sections 3 and 4 of the Medical Termination of Pregnancy Act, 1971, and in light of a Supreme Court decision, an administrative direction was issued to the Secretary, District Legal Services Authority (DLSA), Tinsukia, vide which a lady para-legal volunteer and members of the DLSA visited the house of the victim and recorded the statement of the parents of the victim on December 3, 2024. However, as the victim was shifted to a certain shelter home in the morning of December 4, the team visited the said shelter home and met the victim girl, and her statement was recorded.

From those statements, it was clear that both the victim as well as her parents want to terminate the unwanted pregnancy despite being made aware of the risk involved. The parents of the victim stated that they wanted the termination of pregnancy if it was possible to perform the same in a safe manner.

Pursuant to the report of the Secretary, DLSA, a police case was registered under section 376 DA/506 IPC r/w Section 6 of the POCSO Act.

On the strength of the DLSA report, a suo moto writ petition was registered, and accordingly, the matter was listed before the bench. After a deliberation on the procedures and modalities as prescribed under the Medical Termination of Pregnancy Act, 1971, as amended by the Medical Termination of Pregnancy (Amendment) Act 2021, it appeared that the relevant provisions of Section 3(2C) 3(2D) and Section 4 are required to be followed.

As per relevant sections of the Act, it is required that the victim should be examined by the Medical Board, which is then to report whether it would be appropriate to have the unwanted pregnancy terminated with special emphasis as to the risk involved in such a procedure. Having noted the length of pregnancy as reported, the bench opined that such medical examination of the victim be done as expeditiously as possible.

Under the circumstances, the bench has given 3 (three) days to the state government to have the victim girl medically examined through the Medical Board and to submit a report by the next date for hearing fixed on December 9.

Also Read: Assam: Minor girl dies after alleged complications from illegal abortion in Nagaon

Also Watch: Anini, has won the Gold Award for Best Offbeat Mountain Destination