After automatically intervening in the matter, the Gauhati High Court directed the state of Assam to medically terminate the pregnancy of a 15-year-old girl who was gang-raped and is now 26 weeks pregnant.
According to the Medical Termination of Pregnancy Act, termination of pregnancy beyond 24 weeks is permitted only if there is a substantial fetal abnormality based on the opinion of a medical board established at “approved facilities”.
On Monday, the High Court gave instructions to dismiss the case, considering that the risk of delivery is equal to the risk of dismissal.
Based on the media reports, the High Court registered the Sumomoto writ and said, “Considering the minority of the victim, it is suspected that the pregnancy may pose a great risk to the life of the victim. As a born child/fetus.”
The court requested the District Legal Services Authority to send a woman para-legal volunteer to her family to find out whether they were willing to undergo medical termination of the unwanted pregnancy. The volunteer met the girl and her family on December 4 and based on their statements, a bench of High Court Justice Kalyan Rai Surana and Justice Sushmit Phukan Khound said, “It is clear that both the victim and her parents want dismissal. Despite being warned of the risks involved in unwanted pregnancy.”
In the hearing held on December 5, the court ordered a medical examination by the medical board and the district committee to determine whether the abortion is appropriate.
A clinical examination report submitted to the court on December 7 said the teenager was “eligible to undergo any obstetric procedure” but said her pregnancy was 26 weeks and gave no opinion on terminating the pregnancy. A day of December 7 and the Act does not allow the termination of a pregnancy of more than 24 weeks.
“Aware” that the victim’s life would be at risk in case of an abortion at this stage, the court said in its order after the hearing on December 9, “But comparing the present situation with the risk that the victim may undergo during the full term of pregnancy, the risk factor appears to be the same in the present case and also the risk of delivery in the full term of pregnancy.” Risk involved in timing.
The Supreme Court in April this year allowed a 14-year-old girl who was sexually assaulted to terminate her nearly 30-week pregnancy. A bench headed by then CJI DY Chandrachud had said at the time that it was a “very exceptional case where we have to spare her (the girl)”.
The High Court bench, considering the age of the victim, said, “This is a fit case for ordering MTP … which would be in the best interest of all, keeping in mind the minority of the victim ‘X’.”
It has directed the Medical Board and District Child Welfare Committee related to MTP to form a team of expert doctors and ordered that all expenses related to the procedure and medical expenses will be borne by the state.