In a landmark judgment, the Gauhati High Court has ordered a medical termination of pregnancy of a 14-year-old rape survivor in Tinsukia district, Assam. This came after the Court took suo motu cognizance based on a report in local newspapers highlighting the plight of the girl-who is 23-week pregnant.
The order has been passed under the MTP Act, 1971, and in line with the Supreme Court’s order, to safeguard the health and rights of the survivor. The High Court ordered the District Medical Board of Tinsukia, in coordination with the Child Welfare Committee, to constitute a medical board for conducting the procedure. The state will bear all medical and logistical expenses, including post-procedure care and any other healthcare requirements.
The consent for the procedure has been received from the girl’s parents and guardians after outreach efforts from the Tinsukia District Legal Services Authority. The survivor, who is currently staying in a shelter home, has also expressed her willingness for the termination.
The division bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund explained that the termination is in the “best interest” of the minor, keeping in view her age, the duration of the pregnancy, and the health risks associated with it.
A clinical report from the medical board submitted on December 7 would be considered further in the development of the case. She was gang-raped by seven persons, including four minors, who had taken her to an isolated area while she was playing with her friend. In this gruesome incident, all seven accused were arrested last month.
