Kerala HC Orders Preservation of Fetal Tissue in Minor Abortion Cases

Kochi - The Kerala High Court has instructed the state Health Department to mandate that doctors preserve fetal tissue following abortions performed on minors, with written police permission required before disposal.

Justice A. Badharudeen issued the ruling, stating this measure is necessary to "protect the interest of minor victims and to avoid flee of the accused from trial, for want of vital piece of evidence."

The directive requires the Director of Kerala's Health Department to distribute a circular to all medical practitioners in the state, mandating preservation of fetal tissue in cases involving minors. Doctors must obtain written authorization from either the investigating officer or district police superintendent before disposing of preserved specimens.

The court also recommended that both state and central governments consider implementing formal legislation on this matter. Until such legislation is enacted, the court's directive will remain in effect.

This ruling emerged from a case involving a doctor charged under Section 201 of the Indian Penal Code for allegedly destroying evidence after performing a medical termination of pregnancy on a minor. The physician also faced charges for allegedly conducting the procedure at an unauthorized facility.

After reviewing the doctor's compliance with police notification procedures, fetal tissue handling protocols, and hospital credentialing, the court found no procedural violations and granted the doctor's petition to dismiss further proceedings in the case.