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2025 DAILYLAW 21513 (GAU)

IN RE - X v. THE STATE OF ASSAM AND 3 ORS.

WP(C)(Suo Moto)/1/2024 · 2025-02-27

Kalyan Rai Surana, Malasri Nandi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010260582024 2025:GAU-AS:2046-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)(Suo Moto)/1/2024 IN RE - X X VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-781016 3:THE JOINT DIRECTOR OF HEALTH SERVICES O/O THE JOINT DIRECTOR OF HEALTH SERVICES -CUM- MEMBER SECRETARY DISTRICT HEALTH SOCIETY TINSUKIA PIN-786125 4:THE CHAIRPERSON CHILD WELFARE COMMITTEE TINSUKIA ASSA Advocate for the Petitioner : MR. T J MAHANTA (SC, GHC), Advocate for the Respondent : , Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 28.02.2025 (K.R. Surana, J) Heard Mr. T.J. Mahanta, learned senior counsel and standing counsel of this Court, assisted by Ms. P. Sarma, learned counsel. 2. Pursuant to two queries raised vide order dated 05.02.2025, Mr. D. Nath, learned Senior Govt. Advocate has placed a copy of written instruction dated 20.02.2025 received from the Additional District Commissioner (SW), Tinsukia, which amongst others, contains a compliance report by the District Child Protection Officer, Tinsukia (DCPO for short) indicating as follows: a. The health insurance policy of the Child Protection Unit is providing Sponsorship Fund @ Rs.4,000/- per month i.e. RS.48,000/- per year to the victim w.e.f. December, 2024 and that such fund will be provided until completion of 21 years of her age. Moreover, one time insurance premium of Rs. 3,160/- in a year is included in the said Sponsorship Fund. It is further stated that if the victim and her family desire to renew the existing health insurance policy, she has to pay the premium amount by utilizing the same from the Sponsorship Fund. b. The final check up of the victim was done on 30.01.2025 at Assam Medical College as suggested by the Gynecology Department of the Assam Medical College during the time of discharge after Medical Termination of Pregnancy (MTP for short). The ambulance was facilitated by the Joint Director of Health Services, Tinsukia during final check up. Page No.# 3/4 c. The Child Care Institution (CCI for short) was also instructed to produce the victim before the Mental Health Department, Tinsukia Civil Hospital for post MTP counseling on 31.01.2025 as suggested by said Hospital. The counseling advice report is also annexed to the instructions referred above. d. The financial assistance given to the victim as per the instruction is in addition to the compensation that may be awarded under the victim compensation scheme and the recommendation letter of the CWC is also annexed to the said instruction. 3. The efforts given in this matter by the District Commissioner, Tinsukia; Joint Director of Health Services, Tinsukia; Member Secretary, State Child Protection Society; District Child Protection Officer; and all doctors and persons associated with the Gynaecology Department of the Assam Medical College & Hospital and the Mental Health Department, Tinsukia Civil Hospital is appreciated. 4. We also appreciate the efforts taken by Mr. D. Nath, learned Senior Govt. Advocate in the matter. 5. Upon query of the Court, the learned standing counsel for the Court has submitted that with the nature of assistance rendered to the victim, this suo motu writ petition can be closed. 6. The learned Senior Govt. Advocate appearing for the State along with Mr. R. Talukdar, learned Govt. Advocate also submits that the purpose of this suo motu writ petition is achieved and therefore, the matter may be closed. 7. Accordingly, on satisfaction of the issue raised in this suo motu writ petition, this suo motu writ petition stands closed. Page No.# 4/4 8. Instructions produced by the learned Senior Govt. Advocate is made a part of record and be kept in a sealed cover. JUDGE JUDGE Comparing Assistant