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The rights of a child before birth are gaining global attention, owing to growing concerns about abortion, poor healthcare, and socioeconomic issues that endanger fetal well-being. Pregnancy is not only a critical stage in a woman’s life, but it also symbolises the start of a new human existence, which brings with it vital medical and legal implications.
International conversations underscore the importance of protecting unborn infants, and India has enacted constitutional and statutory safeguards for them. The aim of this article is to explain these legal requirements and provide readers a thorough grasp of the rights and safeguards afforded to unborn children in India.
An unborn child is a life in the process of developing after conception. Its rights must be protected even before it is born. In India, challenges such as female foeticide, illegal abortion, hunger, and inadequate healthcare endanger the unborn child’s existence. As a result, defending its rights requires both legal measures and social awareness.
The Hindu Succession Act of 1956 grants inheritance rights to an unborn child. According to Section 20, if the unborn kid is born alive, it has the right to inherit property. This means that if the father dies while the woman is pregnant, the kid born afterward has equal claim to the inherited property.
Other personal laws include comparable protections. According to Muslim inheritance law, the inheritance right applies if the child is alive following birth. There are several provisions in both Christian and Parsi laws.
Abortion is permitted in India under specific conditions, according to the Medical Termination of Pregnancy Act of 1971. Abortion can be performed up to 20 weeks with the advice of one doctor, between 20 and 24 weeks under certain conditions with the advice of two doctors, and after 24 weeks with the approval of a medical board. Major reasons for abortion include maternal health risks, major foetal abnormalities, rape-induced pregnancy, and contraceptive failure. The law safeguards women’s rights by providing equal rights to married and unmarried women while also protecting their privacy.
Abortion decisions take into account both the woman’s rights and the rights of the unborn child. Though the law prioritises the woman’s health, abortions after 24 weeks must meet strict standards. Thus, the law seeks to strike a balance between the woman’s choice and the rights of the unborn child.
In response to rising rates of female foeticide in India, the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act of 1994 was enacted. This law makes sex determination before or after conception a crime. Sex-determination tests are not allowed to be performed by doctors, medical institutes, or anyone else. Violations of the statute can result in 3 years of imprisonment and a fine for the first offence, and 5 years of imprisonment and a fine for subsequent offences.
This law is critical for ending gender discrimination and establishing social equality for boys and girls. The ban on sex-determination testing has helped to lower the risk of female foeticide.
Causing Miscarriage (sections 88 and 89)
Forcing a pregnant woman to get an abortion can result in imprisonment for up to three years, a fine, or both. If the lady is in a later stage of pregnancy, the sentence might last up to 7 years. Performing an abortion without the woman’s consent can result in up to ten years or life in jail, as well as a fine. However, abortions conducted to save a woman’s life are not illegal.
Miscarriage resulting in the death of a pregnant woman (Section 90)
If a woman dies during an attempted abortion, the punishment is up to ten years in prison and a fine. Abortions performed without consent may result in life imprisonment or up to ten years in prison, plus a fine. The criminal is deemed guilty regardless of whether they knew the act could result in death.
Acts Causing the Death of an Unborn Child (Sections 91-92)
Anyone who prevents an unborn child from being born or causes its death after birth faces up to ten years in prison, a fine, or both. Even if the pregnant woman survives, the fetus may die as a result of such activities, which might result in up to ten years in prison and a fine.
Measures to Protect the Rights of Unborn Children
The rights of the unborn child are recognised within established legal limitations; nonetheless, clearer interpretation and better implementation are required. The prohibition of sex-determination, inheritance provisions, and restricted abortion regulations all strive to safeguard the unborn, and they are backed up by responsible action from families, society, medical professionals, and the legal system.
Adv. Abdul Mulla‘s legal viewpoints offered on venues such as www.asmlegalservices.in and www.lifeandlaw.in indicate that protecting the unborn is a collective duty. Strengthening awareness and sensitivity contributes to a safer future for all children.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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