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