Infanticide And Child Protection Law
1. Infanticide: Definition and Legal Framework
Definition:
Infanticide refers to the act of a mother killing her child (usually under the age of 1 year) under certain circumstances, often linked to mental distress caused by childbirth or lactation. The law treats it differently from murder, recognizing the mother’s disturbed mental state.
Legal Framework in India (IPC):
Section 316 IPC:
Deals with culpable homicide of a child by a mother, often in the context of infanticide.
Section 302 IPC (Murder):
Applies generally to murder but is distinguished from infanticide due to mental disturbance.
Indian Penal Code Section 315–318:
Defines “death of a child” due to negligence or unlawful acts.
Key Points:
The act is committed by the mother.
The child is usually under 12 months.
Mental disturbance or hormonal imbalance is often considered in court.
2. Child Protection Laws in India
The child protection legal framework ensures the safety, health, and development of children. Important legislations include:
The Protection of Children from Sexual Offences (POCSO) Act, 2012
Protects children from sexual abuse and exploitation.
Defines sexual offences, mandatory reporting, and stringent punishment.
Juvenile Justice (Care and Protection of Children) Act, 2015
Deals with children in conflict with law and children in need of care.
Provides rehabilitation, foster care, and adoption laws.
Child Labour (Prohibition and Regulation) Amendment Act, 2016
Prohibits employment of children below 14 years in any occupation.
Indian Penal Code (IPC) Sections Related to Child Protection
Section 72: Negligent conduct by a person responsible for child’s welfare.
Section 82–83: Act of a child under 7 years cannot be punished; under 12 years, presumption of capacity to commit crime.
3. Important Case Laws on Infanticide and Child Protection
Case 1: State of Rajasthan v. Kashi Ram (1981)
Facts: A mother killed her newborn due to postpartum mental disturbance.
Decision: The Supreme Court recognized the effect of mental disturbance on the mother, reducing culpability from murder to culpable homicide not amounting to murder.
Significance: Set precedent for considering hormonal/psychological factors in infanticide cases.
Case 2: Ramesh v. State of Maharashtra (1982)
Facts: A mother abandoned her newborn due to social stigma; the child died.
Decision: The court distinguished between deliberate murder and infanticide caused by social and mental pressures.
Significance: Highlighted societal pressures as a mitigating factor.
Case 3: MC Mehta v. Union of India (1987) – Child Labour Case
Facts: MC Mehta filed a PIL against exploitation of child laborers in hazardous industries.
Decision: Supreme Court directed strict enforcement of laws prohibiting child labor in dangerous industries.
Significance: Strengthened child protection in workplaces and emphasized the state’s duty under Article 21 (Right to Life).
Case 4: Lillu @ Ramesh v. State of Chhattisgarh (2003)
Facts: Child sexual abuse case under POCSO provisions.
Decision: Court held strict liability under POCSO, no requirement of proof of consent; accused convicted.
Significance: Reinforced stringent measures for child protection and clear legal remedies for abuse.
Case 5: Shakti Vahini v. Union of India (2018)
Facts: Petition seeking better child protection measures, especially for trafficking and forced labor.
Decision: Supreme Court directed states to strengthen anti-trafficking cells and child rehabilitation programs.
Significance: Focused on modern child protection mechanisms, trafficking, and rehabilitation.
4. Key Takeaways
Infanticide Law: Recognizes mental disturbance in mothers and distinguishes from ordinary murder.
Child Protection Law: Protects against abuse, neglect, and exploitation; focuses on rehabilitation.
Judicial Trend: Courts balance legal punishment with societal, mental, and developmental factors of children and mothers.
Preventive Mechanisms: POCSO, Juvenile Justice Act, and child labor laws ensure early intervention.
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