Infanticide And Foeticide Laws In India
Infanticide and Foeticide Laws in India: Overview
1. Definitions:
Foeticide refers to the act of aborting or killing a fetus, especially after sex determination tests reveal the sex of the fetus, often leading to female foeticide.
Infanticide is the killing of an infant, especially within the first year of life.
2. Legal Framework
a) Medical Termination of Pregnancy Act, 1971 (MTP Act)
Governs the conditions under which pregnancy can be legally terminated.
It allows abortion up to 20 weeks under specific conditions, including risk to the mother’s life, fetal abnormalities, rape, etc.
Sex-selective abortion (female foeticide) is banned under the MTP Act combined with the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act.
b) Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994
Prohibits sex selection before or after conception.
Regulates the use of prenatal diagnostic techniques like ultrasound to prevent female foeticide.
Punishment includes imprisonment and fines for violations.
c) Indian Penal Code (IPC)
Section 312-316: Deals with causing miscarriage, abortion, and causing death of the fetus.
Section 302 & 304: Can be applied in cases of infanticide if the act amounts to murder or culpable homicide.
3. Social Context
Female foeticide is a grave problem due to societal preference for male children.
Infanticide has historical roots and is less common now but still reported in some regions due to economic or social reasons.
Important Case Laws Related to Foeticide and Infanticide
Case 1: Laxmi Kant Pandey v. Union of India (1984)
Issue: The petitioner challenged the lack of legal provisions for protecting the rights of the unborn child.
Judgment: The Supreme Court acknowledged the right to life of the unborn child under Article 21 of the Constitution but balanced it with the mother’s rights and medical grounds for abortion.
Importance: It emphasized the protection of the fetus while upholding the medical and social conditions for abortion.
Case 2: Suchita Srivastava v. Chandigarh Administration (2009)
Issue: The petitioner, a minor, sought the right to terminate her pregnancy against the guardians' wishes.
Judgment: The Supreme Court recognized the right to reproductive autonomy and privacy, emphasizing that the right to life under Article 21 includes the right to decide whether or not to continue a pregnancy.
Importance: Strengthened the rights of pregnant women, impacting abortion laws and indirectly foeticide issues.
Case 3: Council for Social Justice v. Union of India (1996)
Issue: Public Interest Litigation was filed against the practice of sex-selective abortion.
Judgment: The Supreme Court directed the government to enforce the PCPNDT Act strictly.
Importance: It reinforced the legal framework against female foeticide and urged for strict monitoring of ultrasound clinics.
Case 4: State of Haryana v. Smt. Santra (2001)
Issue: A case involving illegal sex determination and foeticide.
Judgment: The Court held that illegal sex determination amounts to a serious offense under PCPNDT Act, and strict punishment must be enforced.
Importance: Reaffirmed the government’s stance on cracking down on sex determination clinics.
Case 5: State of Rajasthan v. Om Prakash (2007)
Issue: Infanticide case where a newborn was killed by the mother.
Judgment: The court examined the psychological state and circumstances before imposing a sentence.
Importance: Highlighted the complexity of infanticide cases where mental health and social pressures are taken into consideration.
Summary:
| Law / Case | Key Point |
|---|---|
| MTP Act | Allows abortion under regulated conditions. |
| PCPNDT Act | Bans sex determination & sex-selective abortion. |
| IPC Sections 312-316 | Penalizes illegal abortion and causing death of fetus. |
| Laxmi Kant Pandey | Right to life of the fetus recognized but balanced with mother's rights. |
| Suchita Srivastava | Emphasized reproductive rights and autonomy. |
| Council for Social Justice | Directed enforcement of PCPNDT Act. |
| State of Haryana v. Santra | Strict punishment for illegal sex determination. |
| State of Rajasthan v. Om Prakash | Addressed legal nuances in infanticide cases. |
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