'To Protect Interest Of Minor Victims, Preserve Evidence': Kerala HC Directs Doctors To Preserve Foetuses After Performing Abortion On Minors
Trending News
3 weeks, 2 days ago

'To Protect Interest Of Minor Victims, Preserve Evidence': Kerala HC Directs Doctors To Preserve Foetuses After Performing Abortion On Minors

Live Law  

The Kerala High Court has given a direction to the Director of the State Health Department to inform all doctors of the State to preserve the fetus of minor victims and to get written permission from the Investigating Officer/ District Police Superintendent in order to destroy it. “.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 circular to all doctors in the State, directing them to preserve the fetus of minor victims mandatorily, without being destructed and in order to destruct the fetus, the doctors should get written permission from the investigating Officer or from the District Police Superintendent concerned.” The Court while considering this matter had enquired whether there was any law requiring preservation of the fetus in case of MTP involving minor victims and the Public Prosecutor answered in the negative. The Court was considering a case where the doctor was booked under Section 201 of IPC for not preserving the fetus after performing Medical Termination of Pregnancy on a minor victim. The Court held that though the doctor did not opine that immediate MTP was necessary to save the life of the victim and there were different estimates as to the gestational age, the MTP is justified by Section 5 especially considering it was performed after informing the police.

History of this topic

Consider enacting legislation to preserve foetus in MTP cases, HC tells State, Centre
3 weeks, 2 days ago
Kerala HC directs mandatory preservation of foetus in MTP case involving POCSO victims
3 weeks, 3 days ago
Bombay High Court allows woman to terminate 25-week pregnancy at private hospital
1 month ago
Rape survivors have right to say ‘no’ to motherhood: Allahabad HC
1 month ago
Victim Can't Be Compelled To Give Birth To Child Of Her Rapist: Chhattisgarh HC Allows Termination Of 24+ Weeks Old Foetus Of Minor
2 months, 1 week ago
No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case
3 months ago
Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor
3 months, 2 weeks ago
Mental health risk: Delhi HC allows woman to abort 22-week foetus
6 months, 3 weeks ago
12-yr-old rape survivor stable after abortion in Telangana
8 months, 1 week ago
Delhi HC allows woman to medically terminate 30-week pregnancy. Here's why
8 months, 1 week ago
MP HC Allows Termination of Teen's Pregnancy, Directs Preservation of Foetus
8 months, 3 weeks ago
M.P. HC allows termination of teen’s pregnancy, directs preservation of foetus
8 months, 3 weeks ago
Continuing Pregnancy Of Woman Unable To Manage Herself Will Be Problematic In Future Life: MP High Court Grants Relief To Disabled Rape Survivor
9 months, 1 week ago
'Foetus Has Fundamental Right To Live': SC Rejects Plea For 27-Week-Pregnancy Termination
10 months ago
Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
10 months ago
Supreme Court upholds right to life of foetus, rejects plea for late-term pregnancy termination
10 months ago
Kerala HC allows termination of 27-week pregnancy
10 months, 1 week ago
City gynaecologist proposes overhaul of termination of pregnancy act
10 months, 2 weeks ago
SC allows 14-year-old pregnant rape survivor to undergo abortion
10 months, 3 weeks ago
SC orders medical examination of minor rape survivor seeking termination of 28-week pregnancy
10 months, 3 weeks ago
Can A Pregnant Woman Who Initiated Divorce Proceedings Seek Medical Termination Of Pregnancy Alleging Change Of Circumstances: Kerala HC To Consider
1 year ago
Legally speaking | The right to abort, in light of different judgements
1 year, 1 month ago
Kerala HC rejects plea to end 34-week pregnancy of 12-year-old
1 year, 2 months ago
'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother
1 year, 2 months ago
Medical Termination Of Pregnancy Permissible Only For Substantial Foetal Abnormalities Confirmed By Competent Medical Board: Kerala HC
1 year, 2 months ago
Kerala HC rejects plea to abort 30-week pregnancy of minor rape survivor
1 year, 3 months ago
Medical Termination of Pregnancy | Delhi High Court Permits Woman To Terminate Pregnancy After Expiry Of Period Prescribed Under MTP Act
1 year, 3 months ago
Kerala High Court Allows Married Couple's Plea To Terminate 32-Week Pregnancy On Grounds Of Foetal Abnormality, Mother's History Of Depression
1 year, 4 months ago
Termination of Pregnancy Case: What is the MTP Act and Court Rulings on Abortion So Far
1 year, 5 months ago
Supreme Court defers abortion a day after allowing woman to terminate pregnancy
1 year, 5 months ago
SC allows rape survivor to terminate pregnancy, says conception outside marriage is injurious
1 year, 6 months ago
SC allows rape survivor to terminate pregnancy, raps Gujarat High Court
1 year, 6 months ago
Allahabad high court allows termination of 12-year-old rape survivor’s pregnancy
1 year, 8 months ago
14-year-old girl opts against abortion; move her to care home: Delhi HC
1 year, 9 months ago
Lawyer Appeals Against Kerala High Court Decision Permitting Minor Girl Impregnated By Brother To Terminate Pregnancy, Says Social Complications No Ground
1 year, 9 months ago
Kerala High Court allows minor, impregnated by brother, to terminate 7-month pregnancy
1 year, 9 months ago
'Social & Medical Complications Likely': Kerala High Court Allows Medical Termination Of Pregnancy Of 15 Year Old Girl Impregnated By Brother
1 year, 9 months ago
Over 95% women unaware of new abortion rules: study
2 years ago
Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks
2 years, 1 month ago
Women's Bodily Autonomy & Right To Medical Termination Of Pregnancy: All India High Courts Digest 2022
2 years, 2 months ago
'Each Day's Delay Will Add To Victim's Agony': Kerala High Court Permits Minor To Terminate Pregnancy Of 26 Weeks
2 years, 3 months ago
What Constitutes Substantial Foetal Abnormalities Under Medical Termination Of Pregnancy Act? Delhi High Court Explains
2 years, 3 months ago
Are We Only Looking At A Society With Just Perfect Children? Delhi High Court On Ethical Concerns In MTP Cases With Fetal Abnormalities
2 years, 3 months ago
Delhi High Court Directs LNJP Hospital To Examine 26-Yr-Old Married Woman's Request For Termination Of 33 Weeks-Old Pregnancy
2 years, 3 months ago
Explained | How has the Supreme Court expanded abortion rights?
2 years, 5 months ago
Doctors need not report identity of minors seeking abortion, says Supreme Court
2 years, 5 months ago
Marital Rape Recognised: What SC Said About Abortion Rights, Why It Deemed MTP Act Violative of Article 14
2 years, 5 months ago
Kerala HC Aids Minor Rape Victim, Allows Medical Termination of 28-week Pregnancy
2 years, 6 months ago
Bombay HC rejects plea for abortion at 31 weeks, cites deformity due to premature birth
2 years, 7 months ago

Discover Related