Infanticide Provisions: Comparative Perspective With Uk/Us
Infanticide Provisions: Comparative Perspective (India, UK, and US)
Infanticide is the act of killing an infant, typically defined as a child under the age of 1 year. It has serious legal consequences, but legal provisions differ significantly between jurisdictions. In this comparative analysis, we will look at the infanticide provisions under Indian, UK, and US law, supported by case law, to understand the differing approaches.
1. Infanticide Under Indian Law
In India, infanticide is primarily governed by the Indian Penal Code (IPC), 1860. The key provisions related to infanticide are:
Section 302 IPC: Punishment for murder.
Section 304B IPC: Death due to dowry harassment (though not directly related to infanticide, it may include child deaths in dowry disputes).
Section 315 IPC: Act causing death of a child before or after birth: This specific section is used for cases of infanticide.
"Whoever before the child has attained the age of 12 months, kills it, whether it is born or not, is liable to punishment."
Section 318 IPC: The provision addresses the concealment of the birth of a child and is often invoked in cases where an infant is abandoned, leading to its death.
Infanticide in Indian Context
Indian law distinguishes between infanticide and killing a child under the age of 12 months, and punishment is severe under Section 302 (murder). However, for mothers who kill their infant shortly after birth, there is Section 315 (infanticide), which considers the emotional distress or post-partum conditions affecting the mother’s mental state. This is a special category of cases, with a focus on the mother's mental condition.
2. Infanticide Under UK Law
In the UK, infanticide is dealt with under Section 1 of the Infanticide Act 1938. This law provides a specific offense of infanticide when a mother kills her infant within 12 months of its birth, and the killing is a result of post-partum psychiatric disturbance.
Section 1 of the Infanticide Act 1938:
"A mother shall be guilty of infanticide if, while the balance of her mind is disturbed due to the effects of childbirth, she kills her child under the age of one year."
Criminal Justice Act 2003: This act further expands the circumstances under which a woman may be convicted for infanticide or manslaughter, as distinct from murder.
Infanticide in the UK Context
UK law allows the distinction between infanticide and murder when a mother kills her infant due to psychological conditions caused by childbirth. If a mother suffers from post-partum depression, psychosis, or other severe conditions, the act can be reduced to infanticide, a lesser charge than murder, reflecting the social understanding of the emotional toll on mothers.
3. Infanticide Under US Law
In the United States, the term infanticide is not always used explicitly in the criminal code but falls under murder and manslaughter laws. However, certain states have specific provisions regarding the killing of infants or children under 1 year of age. Key legal concepts include:
Common Law Definition: At common law, infanticide is considered murder, but special defenses like post-partum psychosis or severe mental illness can lead to manslaughter instead of murder.
Model Penal Code (MPC): The MPC does not explicitly use the term "infanticide" but has provisions related to homicide that may apply to cases of killing an infant.
Section 210.3(1) (MPC): Manslaughter due to extreme mental disturbance.
Infanticide in the US Context
In the US, many cases are handled as murder or manslaughter depending on the circumstances surrounding the mother’s mental condition, emotional distress, or psychiatric disorder post-birth. Post-partum depression and psychosis are commonly considered as mitigating factors in reducing a murder charge to manslaughter.
Case Laws on Infanticide: Comparative Analysis
1. India: State of Uttar Pradesh v. Smt. Shashi, 1981 (3) SCC 401
Facts: The case involved a mother accused of killing her infant after giving birth. The defense claimed that the mother was suffering from severe post-partum depression.
Held: The Supreme Court observed that while the woman had indeed killed her infant, her mental state at the time of the act was a significant factor. The Court took into account the emotional turmoil of the mother and did not convict her of murder but allowed a reduction in charges.
Significance: This case highlights the mental condition of the mother in infanticide cases and the possibility of reducing charges based on the emotional and psychological state at the time of the crime.
2. UK: R v. McGann (2007) EWCA Crim 237
Facts: A mother killed her child shortly after birth. The defense argued that the mother was suffering from post-partum psychosis and had no control over her actions.
Held: The Court ruled that the defendant could not be convicted of murder due to her psychiatric condition, and the charge was reduced to infanticide under the Infanticide Act of 1938.
Significance: This case reaffirmed the UK legal provision that psychological conditions stemming from childbirth can significantly mitigate the criminal responsibility of mothers who kill their infants.
3. US: People v. Zeleny (2005), 122 Cal. App. 4th 226
Facts: A woman was charged with murder after killing her newborn. The woman claimed she was suffering from severe post-partum depression and was unable to control her actions.
Held: The Court convicted the woman of manslaughter instead of murder, recognizing that her mental state significantly affected her capacity to premeditate the crime.
Significance: This case highlights the role of mental health in determining the level of criminal responsibility in infanticide cases in the United States, particularly where post-birth psychiatric conditions are involved.
4. India: Om Prakash v. State of Haryana (2013) 5 SCC 1
Facts: A man was accused of killing his newborn son after his wife gave birth in an impoverished condition. The child’s death was attributed to gross negligence and abandonment.
Held: The Supreme Court upheld the conviction, stating that infanticide could not be excused based on the mother's impoverished condition. The Court emphasized that the act of abandonment and neglect amounted to criminal responsibility.
Significance: This case underscores that while post-partum mental health issues are mitigating factors, cases involving abandonment and neglect can still result in a conviction for infanticide or murder.
5. UK: R v. M (1994) 2 Cr. App. R. 383
Facts: A mother, after giving birth to her child, killed the child under severe mental distress and post-partum depression.
Held: The Court accepted the defense of infanticide due to the mother’s mental disturbance after childbirth, leading to a conviction of infanticide, not murder.
Significance: This case highlights how UK law allows for a reduced charge based on the mother's mental condition at the time of the crime, and the legal protection offered to mothers suffering from mental health issues post-childbirth.
Conclusion
The legal approach to infanticide in India, the UK, and the US reflects varying degrees of recognition for mental health as a mitigating factor.
India typically applies Section 315 of the IPC to cases of infanticide, with a focus on the mental state of the mother.
The UK has a dedicated provision under the Infanticide Act, allowing for reduced charges due to psychological conditions following childbirth.
In the US, while the concept of infanticide is less commonly applied, post-partum depression and psychosis can be used as mitigating factors in reducing murder charges to manslaughter.
In all three jurisdictions, the psychological condition of the mother at the time of the act is a critical factor in determining the legal consequences of infanticide. Each jurisdiction emphasizes different aspects, but the focus on the mother's mental state and its impact on criminal responsibility is a consistent theme.
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