Infanticide And Foeticide Legal Framework
Infanticide and Foeticide: Legal Framework in India
1. Infanticide
Infanticide is the act of killing a newborn child, usually within the first year of life. Unlike murder, infanticide often involves specific considerations, like the mental state of the mother due to childbirth or postnatal conditions.
Legal Provisions:
Indian Penal Code (IPC), Section 315-318: Deal with causing miscarriage and killing of a child before or after birth.
IPC Section 304: Punishment for culpable homicide not amounting to murder (can apply to infanticide in some contexts).
IPC Section 309: Attempt to commit suicide, sometimes relevant due to mental health issues related to infanticide.
There is no specific section titled “infanticide” in the IPC; however, courts interpret certain provisions for such cases.
Some states (like Kerala) have laws or judicial precedents recognizing infanticide as a mitigating circumstance.
2. Foeticide
Foeticide is the act of aborting a fetus unlawfully or intentionally causing the death of the fetus.
Legal Provisions:
Medical Termination of Pregnancy (MTP) Act, 1971: Regulates legal abortion in India.
IPC Section 312: Causing miscarriage by a woman or any person with her consent.
IPC Section 313: Causing miscarriage without consent.
IPC Section 314: Death caused by act done with intent to cause miscarriage.
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994: Prohibits sex-selective abortions.
Important Case Laws on Infanticide and Foeticide
1. K.M. Nanavati vs. State of Maharashtra (1962)
Facts: This famous case dealt with the killing of a child by the accused under circumstances involving intense emotional disturbance.
Key Point: The Supreme Court held that circumstances like mental disturbance could be considered while determining the charge.
Significance: Though not directly about infanticide, the case influenced how courts view crimes committed under emotional disturbance, relevant in infanticide cases where the mother suffers postnatal trauma or mental illness.
2. State of Punjab vs. Gurmit Singh (1996)
Facts: The accused was convicted for causing the death of a fetus by a criminal act.
Key Point: The Court upheld conviction under Section 314 IPC for causing the death of a fetus during unlawful abortion.
Significance: This case clarified the liability for acts causing fetal death, emphasizing the legal protection of the fetus.
3. Dr. M. Rajasekharan vs. State of Tamil Nadu (2007)
Facts: The accused, a medical professional, was charged under the PCPNDT Act for performing illegal sex determination tests leading to female foeticide.
Key Point: The Court emphasized strict enforcement of the PCPNDT Act to prevent female foeticide.
Outcome: Highlighted the role of doctors and medical professionals in curbing foeticide.
Significance: Important for reinforcing the state's commitment to preventing gender-biased abortions.
4. Bachpan Bachao Andolan vs. Union of India (2011)
Facts: The NGO petitioned the Court against the rising cases of female foeticide and infanticide.
Key Point: The Supreme Court directed the government to strengthen implementation of laws preventing sex-selective abortion.
Outcome: Led to stricter guidelines and monitoring mechanisms.
Significance: Landmark public interest litigation emphasizing protection of the girl child and enforcement against foeticide and infanticide.
5. State of Rajasthan vs. Kashi Ram (2006)
Facts: The accused was charged with killing a newborn child.
Key Point: The Court considered the mental state of the accused, including possible infanticide-related mental disturbances.
Outcome: Conviction was modified to culpable homicide not amounting to murder due to mitigating circumstances.
Significance: Reinforced the approach of treating infanticide cases with sensitivity and allowing for lesser charges based on mental health.
6. M.C. Chockalingam vs. Union of India (1986)
Facts: Involved illegal abortions and miscarriage caused by medical professionals.
Key Point: The Court held that medical practitioners performing abortions without following legal procedures can be held liable.
Significance: Strengthened legal control over unlawful abortions and foeticide.
Summary
| Aspect | Legal Provision | Key Points |
|---|---|---|
| Infanticide | IPC Sections 304, 315-318 (causing death of child) | No specific section; mental health often considered. |
| Foeticide | IPC Sections 312-314; MTP Act; PCPNDT Act | Illegal abortion, sex-selective abortion prohibited. |
| Important Issues | Mental health, consent, legality of abortion, gender bias | Courts consider mental disturbance, enforce strict abortion laws, and protect female fetuses. |
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