After taking note of media report, Gauhati High Court allows teenaged rape survivor to terminate pregnancy at 26 weeks

On Monday, the High Court directed that the termination be undertaken, stating that it was of the opinion that the risk involved in the delivery in the current case is equivalent to the risk involved in the termination.

The High Court, which had registered a suo motu writ petition based on a media report, said, “In view of the minority of the victim, an apprehension is expressed that the pregnancy could lead to substantial risk to the life of the victim as well as the unborn child/foetus.”

The court requested the District Legal Services Authority to send a woman para-legal volunteer to her family to find out if they were interested in undergoing a medical termination of the unwanted pregnancy. The volunteer met the teenager and her family on December 4 and, based on their statements, the High Court bench of Justice Kalyan Rai Surana and Justice Susmite Phukan Khaund observed that “it is clear that both the victim as well as her parents want to terminate the unwanted pregnancy despite being made aware about the risk involved”.

In a hearing on December 5, the court ordered a medical examination by a medical board and district committee to ascertain whether it would be appropriate to have the pregnancy terminated.

The clinical examination report, submitted to the court on December 7, stated the teenager “is fit to undergo any obstetrical procedure” but did not offer an opinion on the termination of the pregnancy since it found that the duration of her pregnancy was 26 weeks and one day as of December 7 and the Act does not allow termination of pregnancies of over 24 weeks.

Stating that the it is “conscious” of threat to life of the victim if termination of pregnancy is carried out at this stage, in an order after a hearing on December 9, the court stated, “However, comparing the present situation with the risk that the victim may undergo at the time of delivery at full term of pregnancy, the risk factor appears to be same at the present stage as well as the risk that would be involved at the time of delivery at full term of pregnancy.”

The court referred to the Supreme Court in April this year allowing a 14-year-old victim of sexual assault to terminate her almost 30-week pregnancy. A bench led by then CJI D Y Chandrachud had at the time said it was a “very very exceptional case where we have to protect her (the girl)”.

The High Court bench stated that considering the age of the victim, it is of the considered opinion that “this is a fit case for ordering MTP… which would be in best interest of the victim ‘X’ in view of her minority.”

It ordered the MTP-related medical board along with the District Child Welfare Committee to constitute a team of expert medical practitioners to undertake the termination and ordered that the State would bear all expenses in connection with the procedure and medical expenses.