Justice for a Survivor: Gauhati High Court Permits Termination of Gangrape Victim's Pregnancy

The Gauhati High Court has allowed the termination of pregnancy for a 15-year-old gangrape victim in Assam, who is 26 weeks pregnant. Despite existing restrictions under the Medical Termination of Pregnancy Act, the court deemed the procedure in the girl's best interest given the risks involved at full-term delivery.

The Gauhati High Court has ruled in favor of a 15-year-old gangrape victim from Assam's Tinsukia district, allowing her to terminate her 26-week pregnancy. The decision was made in her "best interest," considering the risks associated with carrying the unwanted pregnancy to full term.

A division bench led by Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund acted after taking suo motu cognizance of a media report on the victim's plight. The court directed the state government to carry out the medical termination and report back by December 19.

While the Medical Termination of Pregnancy Act, 1971, generally prohibits termination after 24 weeks, the HC invoked Article 226 of the Constitution in making its decision, prioritizing the minor's well-being. The court emphasized the equivalent risks posed by a full-term delivery and the current medical procedure.

(With inputs from agencies.)