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Kochi: In a significant directive, the Kerala High Court has instructed the state Health Department to ensure that all doctors in the state preserve the foetus of minor victims following an abortion. Additionally, doctors must obtain written permission from the police authorities before disposing of the foetus.
Justice A. Badharudeen, who issued the order, emphasized that this measure is crucial to protecting the interests of minor victims and preventing accused individuals from evading trial due to the lack of vital evidence.
“… in order to protect the interest of the minor victims and to avoid flee of the accused from trial, for want of vital piece of evidence, there shall be a direction to the Director, Health Department, State of Kerala, to communicate this order in the form of a circular to all doctors in the state, directing them to preserve the foetus of minor victims mandatorily, without being destructed and in order to destruct the foetus, the doctors should get written permission from the investigating Officer or from the District Police Superintendent concerned,” the court stated in its order.
The court further suggested that both the state and central governments consider passing appropriate legislation to formalize this directive. Until such legislation is enacted, the court’s directive will remain in force.
This ruling was made while considering a case in which a doctor was booked under Section 201 of the Indian Penal Code (IPC) for allegedly causing the disappearance of evidence by failing to preserve the foetus after performing a medical termination of pregnancy (MTP) on a minor victim. The doctor was also charged for conducting the procedure at an unauthorized location.
Upon reviewing the case, including the procedures followed by the doctor in informing the police and preserving the foetus, as well as the hospital’s compliance with legal requirements, the court found no violations. Consequently, the High Court allowed the doctor’s petition to quash the further proceedings against him.
Disclaimer: This article is for informational purposes only and does not constitute legal or medical advice. Readers are advised to consult relevant authorities for further information on legal and medical obligations in such cases.
