In the matter of In Re: X v. The State of Assam and 3 Ors. [WP(C)(Suo Moto)/1/2024], a Division Bench of the Gauhati High Court, comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund, issued a series of directions addressing the care and protection of a minor survivor of sexual violence, whose pregnancy was medically terminated at 26 weeks pursuant to a judicial order dated December 9, 2024. The Court, invoking its parens patriae jurisdiction, directed a multifaceted approach to ensure the survivor's well-being, emphasizing both post-MTP care and the legal obligation of her parents to assume their responsibilities.

The proceedings were initiated in response to a suo motu cognizance of the survivor’s situation, wherein the medical termination of pregnancy was sought in light of her young age and the trauma resulting from sexual assault.

The Court, on December 19, 2024, recorded that the medical termination of pregnancy had been conducted on December 14, 2024, at Assam Medical College and Hospital, Dibrugarh, under the supervision of medical and paramedical staff. The abortos was duly handed over to the police for forensic examination. It was further reported that the survivor had been discharged from the hospital on December 16, 2024, with medical advice for follow-up at the General OPD after six weeks.

The learned amicus curiae, Mr. T.J. Mahanta, informed the Bench that during an inquiry conducted by the Secretary, District Legal Services Authority (DLSA), Tinsukia, the parents of the survivor expressed their reluctance to bring her back to the family home, contending that her return might adversely impact her mental well-being. The Court addressed this contention with unequivocal firmness, holding that abandonment of a child in need of care and protection is not legally permissible.

The Bench directed, “As abandoning of a child in need of care and protection may not be legally permissible, therefore, the Secretary, DLSA, Tinsukia, through a learned para-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.”

The Court further directed the DLSA to submit a counselling report regarding the parents prior to the next date of listing, January 29, 2025.

Given the mother’s bedridden condition and her inability to provide care, the minor survivor was placed in a shelter home for proper supervision and protection. The District Child Protection Officer (DCPO), Tinsukia, in their status report, affirmed that the survivor was receiving appropriate care, including counselling sessions facilitated by the Child Protection Unit. The report also noted that transportation and logistical support for the survivor and her family were arranged by the District Administration and Health Services authorities.

The Bench directed the Joint Director of Health Services, Tinsukia, and the Child Protection Committee to conduct follow-ups and ensure that the survivor continues to receive requisite medical and counselling services. It was further directed that the survivor's health condition be assessed and reported before the next hearing.

In safeguarding the survivor’s identity, the Court ordered that all documents containing her details, including the medical discharge certificate, be maintained in sealed covers. The Bench unequivocally stated that no photocopies or certified copies of these documents shall be issued without masking her identity.

The Court recorded its appreciation for the timely actions undertaken by various authorities, including the District Commissioner, Tinsukia; the Additional District Commissioner, Tinsukia; the Joint Director of Health Services; the Chairperson of the Child Welfare Committee; the Secretary, DLSA; and the staff of Assam Medical College and Hospital. The Bench commended the collaborative efforts in ensuring the survivor’s care, describing them as exemplary in fulfilling statutory duties.

Case Title: In Re: X v. The State of Assam and 3 Ors.
Case Number: WP(C)(Suo Moto)/1/2024
Bench: Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund