Key Points
Kerala HC issues critical directive for medical evidence preservation
Doctors must get police permission to destroy foetus
Ruling aims to protect minor victims and ensure trial evidence
Court suggests potential legislative framework
Justice A. Badharudeen observed that this was required to protect the interest of the minor victims and to ensure that the accused does not flee trial for want of vital piece of 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 said.
The court also suggested the state and Centre consider passing appropriate legislation in this regard.
Till then, the direction of the court shall remain in force.
The court gave this ruling while considering a case where the doctor was booked under Section 201 of IPC (causing disappearance of evidence of offence) for not preserving the foetus after performing a medical termination of pregnancy (MTP) on a minor victim.
The doctor was also booked for terminating pregnancy in an unauthorised place and he approached the High Court to quash further proceedings in the case.
The court, after going through the procedures done by the doctor with regards to informing the police, preserving the foetus and also the validity of the hospital, ruled that there were no errors and hence the petition of the doctor was allowed.
