Kerala High Court Orders Preservation of Foetuses for Aborted Minors
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Synopsis
The Kerala High Court has issued a directive requiring all doctors to preserve the foetus of minors after abortions. Written permission from police is necessary for any destruction. This ruling aims to protect victims and ensure justice.
Key Takeaways
- Kerala High Court issues new directive
- Doctors must preserve foetuses of minors
- Written permission from police required for destruction
- Legislation recommended for future actions
- Case reviewed where a doctor faced charges
Kochi, Feb 20 (NationPress) The Kerala High Court has mandated that the state Health Department inform all medical professionals to preserve the foetus of minor victims. Additionally, they must secure written consent from the relevant police authorities before any destruction of the foetus.
Justice A. Badharudeen emphasized that this measure is essential to safeguard the interests of the minor victims and to prevent the accused from evading justice due to the absence of critical evidence.
"In order to protect the interest of the minor victims and to avoid the accused fleeing from trial for lack of vital evidence, there shall be a directive to the Director of the Health Department, State of Kerala, to disseminate this order as a circular to all doctors statewide. They are required to mandatorily preserve the foetus of minor victims, ensuring it is not destroyed. To proceed with any destruction of the foetus, doctors must obtain written authorization from the investigating officer or the concerned District Police Superintendent," the court stated.
The court also advised both the state and central governments to contemplate enacting suitable legislation regarding this matter.
Until then, the court's directive will remain effective.
This ruling was issued while the court was reviewing a case wherein a doctor was charged under Section 201 of the IPC (causing disappearance of evidence of an offence) for failing to preserve the foetus after conducting a medical termination of pregnancy (MTP) on a minor.
The doctor was also accused of performing the termination in an unauthorized location and subsequently sought the High Court's intervention to dismiss the ongoing proceedings against him.
Upon examining the procedures undertaken by the doctor concerning notifying the police, preserving the foetus, and the legitimacy of the hospital, the court found no faults and thus ruled in favor of the doctor’s petition.
