Every would-be mother has emotionally connected to the child in her womb. Since pregnancy, a woman thinks not only for herself but for her child too and there are proceeds the battle between the mother over her body and the child until the child has not taken birth.
The Maharashtra government has documented 60,495 cases of miscarriages found betweens April, 2017 – March, 2018.[1]
What is miscarriage?
The medical phrase for miscarriage is spontaneous abortion. Miscarriage happens when an embryo or fetus disappears before the 20th week of pregnancy. It usually occurs early in the pregnancy, even 8 out of 10 miscarriages occur in the first 3 months of pregnancy.
The National Health Portal has recorded several causes liable for miscarriages which are hormonal disorder, infections, maternal health problems, autoimmune disorders, uterine aberrations and incompetent cervix problem.[2]
If a doctor observes any above mention symptoms at an early stage that causes miscarriage then an abortion would be inferred by the doctor to save the life of the would-be mother.
Legal provisions relating to a miscarriage of the womb are given below:
Indian Penal Code, 1860: This Act furnishes criminal punishment for causing miscarriage with or without the consent of the woman carrying a child. If such a woman dies while causing miscarriages for deterring a child from being born alive or for causing its death after birth and for causing such death by such act amounting to culpable homicide as per the law.
Section 312 of the Indian Penal Code 1860 deal with causing miscarriage. This Section penalizes the offence of causing miscarriage of a woman. It asserts that whoever voluntarily induces a woman to miscarriage shall be penalized with simple or strict imprisonment for a period extending up to 3 years or with a fine or with both. Where the miscarriage is not induced in reasonable faith to save the life of the woman shall be penalized with simple or strict imprisonment for a period extending up to 7 years and shall be liable to fine where the woman is abrupt with child.
Section 313 of the Indian Penal Code 1860 deal with causing miscarriage without the consent of the women. In this section, it was stated that if any person executes miscarriage without the consent of the woman, whether the woman is abrupt with the child or not shall be punishable under the law with detention for life or ten years and also be liable to fine.
Section 314 of the Indian Penal Code 1860 deal with death induced by an act done with the purpose to cause miscarriage. In this section of the penal code, it was laid down that, if a person does any act with the intention to a miscarriage of a child, by which death of such woman is induced, this person shall be penalized with simple or strict imprisonment for a period extending up to 10 years and also liable to fine.
If the act of miscarriage is accomplished without the consent of the woman then the person shall be penalized with imprisonment for life or 10 years and shall be liable to a fine.
Section 315 of the Indian Penal Code 1860 deal with the act done to prevent a child from being born alive or to cause it to die after the birth of the child. Under this section, it was stated that if a person before the birth of any child accomplishes any action to prevent the child from being born alive or induce it to die after the child is born and if such act is not induced in good faith for protecting the life of the mother then the person shall be penalized with simple or strict imprisonment for a tenure extending up to 10 years or with fine, or with both.
Section 316 of the Indian Penal Code 1860 deal with causing the death of a quick unborn child by an act amounting to culpable homicide. This section of the code penalizes the offence inducing the death of a quick unborn child by an act amounting to culpable homicide. In this section, it was laid down that if any person accomplishes any act under such situations that causing death by such action would amount to culpable homicide and the liable person shall be penalized with simple or strict detention for a period extending up to 10 years and shall be liable to fine.[3]
Conclusion:-
The Indian law secures all the rights of men and women even an unborn child. If any circumstances intentionally or unintentionally the child in the womb get harm or death without a valid reason then the liable person is punishable under the eye of law. To make the law more stringent, the government should passed strict laws on the miscarriage.
By Shreeparna Goswami
3rd year of Shyambazar Law College.
[1] Maharashtra: 60,495 miscarriage cases reported from April ’17 to March ’18 | Cities News,The Indian Express, https://indianexpress.com/article/cities/mumbai/in-maharashtra-60495-miscarriage-cases-reported-from-april-17-to-march-18-5204256/.
[2] The need to talk about miscarriages: 15-25% of all pregnancies end in miscarriage – Times of India, https://m.timesofindia.com/life-style/parenting/getting-pregnant/the-need-to-talk-about-miscarriages-15-25-of-all-pregnancies-end-in-miscarriage/amp_articleshow/71598350.cms.
[3] The Indian Penal Code 1860 Bare Act.
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