The Gauhati High Court has issued directives to ensure the welfare of a minor girl who recently underwent a medical termination of a 26-week pregnancy resulting from an alleged gang rape. The Court emphasized the necessity of counseling her parents to prevent any possibility of abandonment and to facilitate the girl's reintegration into her family environment.
Background
The case involves a 15-year-old girl from Assam's Tinsukia district who became pregnant following a reported gang rape. The High Court, taking suo motu cognizance of the situation, had previously permitted the termination of her 26-week pregnancy, considering it to be in her best interest.
Court's Directives
On December 19, 2024, a division bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund directed the Secretary of the District Legal Services Authority (DLSA) to arrange counseling sessions for the girl's parents. This measure aims to ensure they do not abandon their daughter, recognizing that institutionalization may not serve her best interests. The Court also instructed relevant authorities, including the Child Protection Committee, to provide ongoing medical and psychological support to the girl.
Parental Reluctance
The Court's decision was influenced by reports indicating the parents' reluctance to bring their daughter back home, citing concerns about potential negative impacts.Acknowledging that abandoning a child in need of care and protection is legally impermissible, the Court mandated that a trained para-legal volunteer counsel the parents to facilitate the girl's return to a supportive family environment.
Post-Termination Care
Following the Court's earlier order, the medical termination of pregnancy was conducted on December 14, 2024. The District Child Protection Officer (DCPO) submitt confirming that the girl received pre- and post-procedure counseling. After the procedure, she was monitored by the District Child Protection Unit and discharged with medical advice for follow-up care. Due to her mother's bedridden condition and inability to provide adequate care, the girl has been placed in a suitable shelter home.
Legal and Social Implications
This case underscores the judiciary's proactive role in safeguarding the rights and welfare of minor survivors of sexual assault. By facilitating both medand family counseling, the Court aims to address the immediate health concerns and the long-term psychological and social well-being of the survivor. The directives highlight the importance of family support in the rehabilitation process and the legal system's commitment to preventing secondary victimization through abandonment or neglect.
Conclusion
The Gauhati High Court's comprehensive approach in this sensitive case reflects a deep understanding of the multifaceted challenges faced by minor survivors of sexual violence. By ensuring medical care, psychological support, and family counseling, the Court endeavors to create a framework that promotes healing and reintegration, safeguarding the survivor's rights and dignity.
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