Recently, the Gauhati High Court, while dealing with a suo motu writ petition, addressed a sensitive case involving a minor girl seeking the termination of a 26-week pregnancy, which resulted from gang rape. The Court noted that the pregnancy had progressed beyond the legal 24-week limit under the Medical Termination of Pregnancy (MTP) Act, 1971, but concluded that termination was in the best interest of the minor.
The matter came before the Court after a news article highlighted the girl’s plight. The girl, who was allegedly gang-raped by seven individuals, including four minors, had reportedly been pregnant for 23 weeks at the time the issue came to light. The Court, in response, initiated suo motu proceedings and ordered a Medical Board to assess the risks associated with the termination at such an advanced stage.
After examining the girl, the Medical Board reported significant risks involved in the termination procedure. However, it also pointed out that continuing the pregnancy posed similar, if not greater, risks to the minor’s health. The Court noted that both options carried substantial risks but emphasized the need to prioritize the minor’s well-being, stating, “Both termination and continuing the pregnancy carry considerable risks. The decision must be based on what is in the best interest of the minor”.
The Court further acknowledged the urgency of the case, considering the minor’s age and the emotional and physical toll of the situation. It ruled that the best interest of the minor would be served by allowing the termination of the pregnancy. In doing so, the Court referred to a precedent set in a similar case, A (Mother of X) v. State of Maharashtra, where a termination was permitted in a case involving a minor. The Court ordered the state to promptly arrange for a team of expert medical practitioners, along with the Child Welfare Committee, to perform the procedure. If the local medical facilities were inadequate, the Court instructed the authorities to transfer the minor to a better-equipped hospital. Additionally, the Court directed the state to cover all medical expenses and provide continuous care for the girl, including psychological counselling both before and after the procedure.
The Court, in its order, highlighted the legal framework surrounding the MTP Act but balanced it with compassion for the minor's well-being. It concluded that in light of the girl's circumstances, the termination of the pregnancy would be a necessary step to protect her health, safety, and emotional stability.
Case Title: In Re- X v. The State of Assam and Ors.
Case No.: WP(C)(Suo Moto)/1/2024
Order Date: 09.12.2024
Coram: Justice Kalyan Rai Surana, Justice Susmita Phukan Khaund
Advocate for Petitioner: Adv. T.J Mahanta
Read Order @LatestLaws.com
Picture Source :
