Agartala: The Gauhati High Court has directed the immediate medical termination of pregnancy for a 15-year-old gang rape survivor from Tinsukia in Assam, who is over 26 weeks pregnant. The court invoked its powers under Article 226 of the Constitution of India to issue the directive, bypassing the constraints of the Medical Termination of Pregnancy (MTP) Act, 1971, which generally prohibits termination beyond 24 weeks.
It was learned that the court took up the case suo motu based on a news report published on November 29, 2024, which highlighted the plight of the minor, who had become pregnant as a result of a gang rape allegedly involving seven individuals including four minors. The victim’s family consented to the termination after being approached by the District Legal Services Authority (DLSA) of Tinsukia.
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A medical board constituted under the MTP Act has found the victim fit to undergo a medical termination procedure. However, it also highlighted potential complications such as hemorrhage and future infertility. Despite these risks, the court determined that the danger to the victim’s physical and mental well-being outweighed the challenges of the procedure.
Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund noted that the risks involved in terminating the pregnancy were comparable to those of carrying it to full term. The court emphasized that forcing a minor to bear a pregnancy resulting from such trauma would significantly harm her welfare.
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Meanwhile, the High Court ordered the Medical Board and the Child Welfare Committee in Tinsukia to arrange for the termination at a suitable medical facility. The Assam government has been instructed to cover all medical and transportation costs as well as the court recommended psychological counseling for the minor to assist with pre- and post-procedure recovery.
This order also drew upon a precedent set by the Supreme Court earlier this year, in which a similar termination was permitted under extraordinary circumstances. The court’s decision has reignited discussions around the limitations of the MTP Act and the need for flexibility in cases involving sexual assault survivors.
The case will be reviewed again on December 19, when authorities are expected to provide a status update on the implementation of the court’s orders.
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