Guwahati: The Gauhati High Court has allowed abortion of a 15-year-old gang-rape victim, currently 26 weeks pregnant, from Assam’s Tinsukia district in her “best interest”. Taking suo motu cognizance of a media report, a division bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund on Monday asked the state government to carry out “medical termination of pregnancy” of the unwanted fetus and submit a status report by December. 19.

As per the Medical Termination of Pregnancy Act, 1971 (MTPA), termination of pregnancy of more than 24 weeks is not permitted.

The order said that according to a November 29 news report, the victim was 14 years old when she was gang-raped by seven people, including four minors, in Tinsukia.

Having heard the case (WP(C)(Suo Moto)/1/2024) on December 5, the court constituted a medical board and a district committee in accordance with the MTPA to examine the victim to determine whether he would appropriate to terminate the unwanted pregnancy, with particular emphasis on the risks associated with such a procedure.

In its report, the medical board said the girl was “fit to undergo any obstetric procedure”, but stopped short of suggesting termination of pregnancy in view of the MTPA.

The HC said, “The court is conscious of the fact that the girl is a minor and is currently pregnant with an unwanted pregnancy of more than 26 weeks. The court is also aware that at this stage there is a threat to the life of the victim, if the termination of pregnancy is carried out at this stage.

“However, if we compare the current situation with the risk that the victim may run at the time of delivery at full term of the pregnancy, the risk factor seems to be the same at the current stage as well as the risk that would be incurred at this time of delivery at term of the pregnancy”, he adds.

Referring to a Supreme Court judgment delivered in April this year regarding a similar case in Maharashtra, the Gauhati HC said it had the power to order medical termination of pregnancy under Section 226 of the Indian Constitution.

“…the Court is of the opinion that this is an appropriate case to order the medical termination of pregnancy of an unwanted fetus, which would be in the best interests of the victim ‘X’ counts given his minority.”

“As the medical termination of pregnancy would be carried out in accordance with the order of this court, it goes without saying that the penal provisions of the Medical Termination of Pregnancy Act, 1971 and the rules made thereunder would not be applied” , he added.

Accordingly, the court ordered to constitute a team of expert doctors to undertake medical termination of pregnancy of the minor at a facility in Tinsukia or at the Assam Medical College and Hospital in neighboring Dibrugarh district, at the cost of the minor. State.

“The district authorities will also arrange for a counselor for the minor to assist her in her mental preparation for the procedure as well as for post-counseling follow-up, if necessary,” it adds.

The order also notes that the parents and the victim expressed consent to a medical termination of the unwanted pregnancy, knowing the risks associated with this procedure.

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