The Madras High Court has ruled that the aborted fetus of a minor girl should not be handed over to the police or court but must remain in the forensic laboratory until the case concludes, after which it should be destroyed. This decision was made in light of the absence of a standard operating procedure for handling products of conception following a Medical Termination of Pregnancy (MTP) for minor girls.
Case Reference:
- Case Title: Kajendran J v Superintendent of Police
- Case No: HCP No. 2182 of 2022
Court’s Observations:
- Guideline Requirement: The bench, comprising Justice N Anand Venkatesh and Justice Sunder Mohan, emphasized the need for statewide guidelines. These guidelines should ensure that once a fetus, less than 24 weeks old, is analyzed by the Forensic Science Lab (FSL), it remains there until the case is resolved and then destroyed.
- No Handling by Investigation Officers: The court stressed that the samples should not be given to the investigation officers, nor should they reach the victim girl or her family. For fetuses beyond 24 weeks, only the femur should be sent to the FSL, while the rest should be treated and disposed of as Bio-Medical waste.
Emphasis on Confidentiality:
- Identity Protection: The court highlighted the importance of protecting the identity of minor victims, especially under the new Bharatiya Nagarik Suraksha Sanhita (BNSS) law, which mandates audio-video recordings that could potentially leak and cause further trauma to the victim.
- Controlled Disclosure: The identity of the victim should not be explicitly mentioned in reports to authorities. Instead, the Registered Medical Practitioner may disclose it orally to the police upon request for investigation purposes.
Accountability for Identity Leaks:
- Responsibility of Authorities: The court mandated that if the identity of a minor victim is revealed, the Superintendent of Police of the concerned district or the Deputy Commissioner in metropolitan cities will be held accountable. This measure is intended to ensure that officers handle investigations with due diligence while maintaining the confidentiality of the minor victim’s identity.
This ruling underscore the court’s commitment to safeguarding the dignity and privacy of minor victims while ensuring that forensic procedures are conducted with the utmost integrity and care.
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