Gauhati HC Directs Counselling Of Parents Of Minor Rape Survivor Who Underwent Pregnancy Termination To Ensure She Isn't Abandoned
LIVELAW NEWS NETWORK
20 Dec 2024 11:30 AM IST
The Gauhati High Court on Thursday (December 19) directed the Secretary, District Legal Services Authority (DLSA) to undertake counselling of the parents of the minor girl, who was allowed to terminate her 26-week pregnancy after she was allegedly gang raped, so that they do not abandon her.
A division bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund further directed the concerned authorities such as Child Protection Committee to do necessary follow-up of the girl to continue to provide her with all the medical and counselling facilities in a manner they may deem appropriate.
The Amicus Curiae referred to the statements of the father and mother during enquiry made by the Secretary, DLSA and it was submitted that the parents had "expressed their disinclination" to bring back the girl to their home on the ground that it may affect her negatively.
The Court thus observed:
“As abandoning of a child in need of care and protection may not be legally permissible, therefore, the Secretary, DLSA through a learned pare-legal volunteer shall undertake counselling of the parents so that they do not abandon the victim 'X' as institutionalization of such victim may not be in the best interest of the victim.”
On December 9 the Court permitted the minor girl to terminate her pregnancy, after noting that it would be in her best interest.
Pursuant to the said order the District Child Protection Officer (DCPO) submitted a status report before the Court wherein it was stated that the medical termination of pregnancy (MTP) was conducted on December 14 and prior to that, the survivor was given prior counselling; post MTP, the Counsellor of District Child Protection Unit, the Supervisor of Child Helpline under the District Child Protection Unit had visited the hospital for monitoring the girl as per direction of the DCPO. The girl was thereafter discharged after a few days with advice to attend the General OPD after six weeks.
The Court noted that as per the discharge certificate, the 'abortos' was handed over to the police party on December 14 for forensic examination.
It was reported that the mother of the girl is bedridden and not physically fit to take care of the girl, under such compelling reasons, the girl had been placed at an appropriate shelter home for proper care.
The Court recorded its appreciation for the timely steps and action taken by the various authorities.
The Court further directed that the status of the health conditions of the girl shall be reported on the next date of listing. The court further directed DLSA Secretary to also send its counselling report regarding the parents prior to the next date of listing.
The matter is listed on January 29, 2025.
Case Title: In Re-X v. The State of Assam and 3 Ors.
Case No.: WP(C)(Suo Moto)/1/2024
