Thu Feb 20 19:35:14 UTC 2025: ## Kerala High Court Urges Legislation to Preserve Foetuses in POCSO Cases
**Kochi, Kerala – February 21, 2025** – The Kerala High Court has called for new legislation or amendments to existing laws mandating the preservation of foetuses in Medical Termination of Pregnancy (MTP) cases involving underage victims of sexual assault. The court’s ruling stemmed from a case against Dr. Hafeez Rahman P.A., whose charges were dropped due to the lack of a legal requirement for foetal preservation.
The court highlighted the crucial role of foetal evidence in prosecuting offenders under the Protection of Children from Sexual Offences (POCSO) Act. In the absence of such a legal mandate, the doctor who performed the abortion and disposed of the foetus could not be held liable for destroying evidence.
The court quashed the case against Dr. Rahman, noting that he had reported the matter to the police before performing the MTP, but received notification to preserve the foetus only after the procedure. The prosecutor confirmed the absence of any existing guidelines or laws for automatic foetal preservation in such cases.
To prevent similar situations and ensure justice for victims, the court directed the state and central governments to consider enacting legislation to address this gap. A circular will be issued to all doctors in Kerala, mandating foetal preservation in similar cases until such legislation is implemented. The court emphasized the need to protect the interests of minor victims and prevent accused individuals from evading prosecution due to a lack of evidence. The court order has been forwarded to the law secretaries of both the State and Central governments.
First Piper 