The Kerala High Court has directed the State Health Department to issue a circular mandating all doctors to retain the fetus in cases involving minor victims. Destruction will require written consent from the Investigating Officer or District Police Superintendent.

Justice A. Badharudeen emphasized that preserving the fetus is crucial to safeguard the victim’s interests and prevent accused individuals from evading prosecution due to a lack of evidence.

The court reviewed a case where a doctor faced charges under IPC Section 201 for discarding a fetus post-MTP without prior police notification. The doctor, also booked under the MTP Act, sought to quash proceedings.

During the hearing, the court noted there was no legal mandate requiring fetal preservation. Since the fetus was disposed of before police instructions arrived, the doctor could not be held liable for evidence tampering.

Additionally, the court clarified that an MTP approval certificate remains valid unless officially revoked, dismissing claims that the hospital lacked authorization. Furthermore, the MTP was deemed justified under Section 5(1) of the Act, given a medical opinion citing potential harm to the minor’s physical and mental health.

Urging the government to legislate fetal preservation in such cases, the court ruled in favor of the doctor, allowing his petition. The directive remains in force until a formal law is enacted.