Guwahati: The Gauhati High Court has granted permission for the abortion of a 15-year-old gangrape victim, who is 26 weeks pregnant, from Assam’s Tinsukia district, citing her “best interest.” In response to a media report, a division bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund, on Monday, directed the state government to carry out a “medical termination of pregnancy” for the unwanted fetus and submit a status report by December 19.
Under the Medical Termination of Pregnancy Act, 1971 (MTPA), abortion beyond 24 weeks is generally prohibited.
According to the court order, a media report from November 29 revealed that the victim, aged 14 at the time, was gangraped by seven individuals, including four minors, in Tinsukia.
During a hearing on December 5 (WP(C)(Suo Moto)/1/2024), the court formed a medical board and district-level committee, in line with the MTPA, to assess whether terminating the pregnancy would be advisable, with particular focus on the associated risks.
While the medical board’s report confirmed that the girl is “fit to undergo any obstetrical procedure,” it refrained from recommending termination due to MTPA restrictions.
The court acknowledged the serious situation of the minor, carrying an unwanted pregnancy beyond 26 weeks, and the potential life-threatening risks of abortion at this stage. However, it stated that the risks involved in terminating the pregnancy at this point appeared comparable to those she would face during a full-term delivery.
Citing a Supreme Court judgment from April regarding a similar case in Maharashtra, the Gauhati HC asserted its authority under Article 226 of the Constitution to order the medical termination of pregnancy.
The court concluded that this case is suitable for granting permission for an abortion, considering the minor’s welfare. It further noted that the penal provisions of the MTPA would not apply given the court’s order.
The court directed the formation of a team of expert medical professionals to perform the abortion either in Tinsukia or at Assam Medical College and Hospital in Dibrugarh, with the costs covered by the state. Additionally, the district authorities were instructed to provide counseling before and after the procedure to help the victim mentally prepare.
The court also acknowledged that both the victim and her parents consented to the abortion, fully aware of the risks involved.
