Kerala HC Directs Doctors to Preserve Foetuses After Abortions on Minors
Kochi: The Kerala High Court has instructed the state Health Department to ensure that doctors across the state preserve foetuses of minor victims following an abortion. Additionally, written permission from the police will be required before any such foetus can be destroyed.
Justice A. Badharudeen emphasized that this directive is crucial to protect the interests of minor victims and to prevent accused individuals from evading trial due to the lack of critical evidence.
Court’s Directive
The High Court mandated that the Director of the Health Department, Kerala issue a circular informing all doctors about the new guidelines.
“To protect the interest of minor victims and prevent accused individuals from fleeing trial due to missing evidence, doctors must mandatorily preserve foetuses of minor victims. Any destruction of the foetus should only be carried out after obtaining written permission from the investigating officer or the District Police Superintendent concerned,” the order stated.
The court also suggested that the state and central governments consider introducing appropriate legislation on this matter. Until such laws are enacted, the court’s directive will remain in effect.
Background of the Case
The ruling came while reviewing a case in which a doctor was charged under Section 201 of the IPC (causing disappearance of evidence of an offence) for not preserving the foetus after performing a medical termination of pregnancy (MTP) on a minor.
The doctor was also booked for conducting the abortion in an unauthorized facility and subsequently approached the High Court to quash the proceedings.
After reviewing the doctor’s adherence to legal procedures—such as informing the police, handling the foetus, and verifying the hospital’s authorization—the court ruled in favor of the doctor and dismissed the charges.
Kochi: The Kerala High Court has instructed the state Health Department to ensure that doctors across the state preserve foetuses of minor victims following an abortion. Additionally, written permission from the police will be required before any such foetus can be destroyed.
Justice A. Badharudeen emphasized that this directive is crucial to protect the interests of minor victims and to prevent accused individuals from evading trial due to the lack of critical evidence.
Court’s Directive
The High Court mandated that the Director of the Health Department, Kerala issue a circular informing all doctors about the new guidelines.
“To protect the interest of minor victims and prevent accused individuals from fleeing trial due to missing evidence, doctors must mandatorily preserve foetuses of minor victims. Any destruction of the foetus should only be carried out after obtaining written permission from the investigating officer or the District Police Superintendent concerned,” the order stated.
The court also suggested that the state and central governments consider introducing appropriate legislation on this matter. Until such laws are enacted, the court’s directive will remain in effect.
Background of the Case
The ruling came while reviewing a case in which a doctor was charged under Section 201 of the IPC (causing disappearance of evidence of an offence) for not preserving the foetus after performing a medical termination of pregnancy (MTP) on a minor.
The doctor was also booked for conducting the abortion in an unauthorized facility and subsequently approached the High Court to quash the proceedings.
After reviewing the doctor’s adherence to legal procedures—such as informing the police, handling the foetus, and verifying the hospital’s authorization—the court ruled in favor of the doctor and dismissed the charges.
