GAUHATI HIGH COURT ISSUES ORDER ON JANMONI URANG V/S THE STATE OF ASSAM AND 5 OTHERS

GUWAHATI, India, Aug. 8 -- Gauhati High Court issued the following order on July 10:

1. Heard Ms B Chowdhury, the learned counsel for the petitioner and Mr B Gogoi, learned Additional Advocate General, appearing on behalf of the State respondents.

2. By an earlier order dated 26.06.2025, a coordinate Bench of this Court, while issuing notice had directed the State respondents to constitute a Medical Board for examination of the writ petitioner, in terms of Section 3 (2) (b) of the Medical Termination of Pregnancy Act, 1971. The Principal, Gauhati Medical College and Hospital was directed to liaison, so that the petitioner can appear as directed by the Court on 30.06.2025, and thereupon, the report of the Medical Board was directed to be placed before the Court. The matter was fixed today, i.e., on 10.07.2025.

3. Ms B Chowdhury, the learned counsel for the petitioner, on instructions, submits that the petitioner is 28 weeks' pregnant as on date and she is a resident of Khowang in the district of Dibrugarh.

4. Considering her present medical condition, it will be difficult for her to undertake the journey from her native village to Gauhati Medical College and Hospital, for presenting herself before the Medical Board, which was directed to be constituted by this Court.

5. Learned counsel for the petitioner, therefore, submits that the order dated 26.06.2025 be clarified to enable the respondents to constitute a Medical Board as required under Section 3 (2) (b) of the Act of 1971, read with the Rules of 2003, in Assam Medical College and Hospital, Dibrugarh and the Principal, Assam Medical College and Hospital, instead be directed to liaison so that the necessary examination could be undertaken.

6. Mr B Gogoi, learned Additional Advocate General appearing for the State, does not object to the prayer made. The learned Additional Advocate General has fairly submitted that, if required, ambulance facilities can be extended for enabling the petitioner and her relatives to be brought from their residence to the Assam Medical College and Hospital, Dibrugarh, for examination by the Medical Board to be constituted in terms of the Court's order dated 26.06.2025, as well as the order passed today.

7. Although the Principal, Assam Medical College and Hospital is not a party in the present proceedings, considering the urgency of the matter, this Court clarifies that the directions contained in the order dated 26.06.2025, passed by the coordinate Bench for constitution of the Medical Board and examination of the writ petitioner by the said Medical Board, will be undertaken by the Principal, Assam Medical College and Hospital, Dibrugarh. The Principal, Assam Medical College and Hospital, Dibrugarh, will ensure that the medical board is constituted in terms of the provisions of Section 3 (2) (b) of the Act of 1971, read with Rules of 2003 and include the specific medical professionals prescribed under the Act, namely, a Gynecologist, a Pediatrician, and a Radiologist/Sonologist. The Principal, Assam Medical College and Hospital, Dibrugarh, will constitute the Medical Board and examine the petitioner on 14.07.2025. The petitioner will report before the Principal, Assam Medical College and Hospital, Dibrugarh, at 11:00 am, on 14th of July, 2025, whereupon, the Medical Board, as directed, to be constituted by the Principal, Assam Medical College and Hospital, Dibrugarh, will examine the petitioner and thereafter, a report thereof shall be placed before the Court on the next date fixed, which is 15.07.2025. Further orders in the matter will be passed thereafter.

8. The Principal, Assam Medical College and Hospital, Dibrugarh, will also provide for ambulance services for ensuring the to and fro passage for the petitioner along with her caretakers, if the need so arises.

9. Copies of this order be marked to the office of the Principal, Assam Medical College and Hospital, Dibrugarh, as well as to the Principal Secretary, Department of Health and Family Welfare, for due compliance.

10. The Legal Aid Counsel will endeavour to furnish contact number of the writ petitioner or her guardian, for due communication between the petitioner and the office of the Principal, Assam Medical College and Hospital, Dibrugarh.

11. List the matter on 15.07.2025.

12. Let this order be brought to the notice of the Registrar (Judicial), for onward communication.

Disclaimer: Curated by HT Syndication.