WP(C)/3282/2026 of A- MINOR GIRL Vs THE STATE OF ASSAM AND 4 ORS on 1 July 2026

ORDER

Date : 02.07.2026

Heard Mr. D. Sarmah, learned counsel for the petitioner. Also heard Mr. D. Upamanya, learned Standing counsel, Health and Family Welfare Department for respondent No. 2, 3 and 4 and 6; Mr. K. Gogoi, learned Public Prosecutor for respondent No. 5.

2. In this writ petition preferred under Article 226 of the Constitution of India, the petitioner A, a minor, through her guardian mother, has sought for a direction to the respondent authorities to medically terminate the pregnancy of the petitioner.

3. An instruction was directed to be taken from Lakhimpur Medical College Hospital regarding preservation of terminal fetus and DNA and accordingly, report was obtained that such facility is limited in Lakhimpur Medical College Hospital. By the same order constitution of a Medical Board was also directed at Lakhimpur Medical College Hospital and a report dated 01.07.2026 has been submitted as forwarded by the Principal-cum-Chief Superintendent, Lakhimpur Medical College Hospital.

4. It is stated that the Board was duly constituted and on 26- 06-2026, the minor girl was assessed physically and mentally after containing consent from her as well as parents at 11 AM on 29- 06-2026 at the Lakhimpur Medical College and Hospital.

5. On the basis of the examination, the board recommended medical termination of pregnancy in a Tertiary hospital (like GMCH) near DFSL, Kahilipara by an experienced gynaecologist. The following recommendations were made –

4. The board recommends termination of pregnancy in a tertiary hospital near DFSL, Kahilipara, Guwahati (like in Gauhati Medical College and Hospital) by an experienced Gynaecologist to minimize the threat to her life.

i) Performing the MTP procedure is also desired by the minor girl as stated by the minor girl before the board members, including Gynaecologist member.

ii) Prior to the MTP procedure, all necessary investigations as required are to be performed to further evaluate her physical status & thereby minimize the risk involved in such procedure.

iii) Transportation of the terminal fetus after doing the MTP from the hospital in Guwahati (Gauhati Medical College & Hospital in this case) to DFSL. Kahilipara, Guwahati shall be easier & long-term preservation of the same for subsequent DNA examination as may be needed in the case as above shall be possible.

6. The learned Standing counsel for the respondents has produced an order dated 02.07.2026 received from the Additional Superintendent of Police (Crime), Lakhimpur stating that in terms of order dated 25.06.2026 passed by the co-ordinate Bench of this Court, the office of the SSP, Lakhimpur, shall make necessary arrangements for safe and appropriate transportation of the minor victim, along with her guardian and required police escort, to the medical institution identified by the competent authority for conducting the MTP procedure.

7. Upon perusing the materials, considering the submissions and giving my consideration to the entire matter, this writ petition stands disposed with the following directions –

(i) The minor girl ‘A’ along with her parents shall present before the Principle Superintendent of Guwahati Medical College and Hospital at 11 am on 06.07.2026, whereafter upon conducting of the necessary medical protocol, the exercise of medical termination of pregnanacy shall be conducted upon the minor girl ‘A’ led by an experience obstetrician and gynaecologist, keeping in mind the safety, well-being and the best interest of the minor girl ‘A’.

(ii) After conducting of the MTP procedure, the terminal foetus shall be transported in safe conditions following the standard medical protocol, to the Directorate of Forensic Sciences, Kahilipara, Guwahati for preservation of the same, for any subsequent DNA examination pertaining to the criminal case registered (Bihpuria P.S. Case No. 88/2026) with regard to the alleged sexual assault upon the victim, which led to the presence.

(iii) The representative from the Senior Superintendent of Police, North Lakhimpur, shall be present in the Guwahati Medical College and Hospital regarding the procedure at 11 am on 06.07.2026 and they will also do the needful for facilitating transportation of the terminal fetus from the Guwahati Medical

College and Hospital after the procedure the DFSL, Kahilipara.

8. A copy of this order be furnished to the learned Standing counsel for the respondents as well as the learned counsel for the petitioner, for the needful. JUDGE Comparing Assistant