Rights of unborn child

1. Rights Of Unborn Child
Dr.Nafeeya
Department of Forensic Medicine &Toxicology

2. Overview
•Introduction
•Various Acts in India
regarding fetal rights
•Ethical concepts
•ML-aspects

3. Introduction
• Since the unborn child(boy/girl)is a human being entitled
to rights.
• It is entitled to the right to life.
• Hence fetal homicide is a crime.
•Who is an unborn ?
•Already conceived within its mother wombs or
•The yet to be conceived hypothetical entity

4. Rights Of Unborn Under Various Act
In India
• Limitation act 1963
• The Indian Succession act
• The Hindu Succession act
• The Transfer of Property act
• The Indian Constitution
• The Code of Criminal Procedure
• The Indian Penal code

5. Limitation act 1963
• In the explanation of
Section 3 – an infant in the
womb is consider as minor.
• Explanation –for the
purpose of this section
minor includes child in the
womb.
• Right of minors

6. The Indian Succession act 1925
• In section (2)e it is mentioned that minor is anyone who
is below the age of eighteen .so from there we can
interpret that in this case fetus is assumed as a minor .
The Indian Majority Act, 1875
Section 3- Every person domiciled in India shall attain
the age of majority on his completing the age of
eighteen years and not before

7. The Hindu Succession act 1956
• Right of the child in metra
• It treats the child in the womb
in the same way as a born
child .
• Unborn should have the same
right that a born child has.
• Property

8. The Transfer of Property act 1882
• Characterizes an unborn infant as a child (or) an infants in
its mothers womb .
• An individual still yet to born doesn’t have any presence
and isn’t consider a living individual but still ,the property
can be transferred to the baby.

9. Article 21 - Indian Constitution
• Nobody has the right to take
away any persons life except
by the procedure of law and
hence, the unborn child
deserves all the fundamental
right and he should be
granted the “Right to life”

10. The Code of Criminal Procedure
• Sec-416-Postponement of capital sentence of pregnant
women .
• If a women sentenced to death is found to be
pregnant,the high court shall order the execution of the
sentence to be postponed & commute the sentence to
imprisonment for life.

11. The Indian Penal code
• Sec 312-316
• 312- causing miscarriage
• 313- causing miscarriage without women’s consent
• 314-death caused by act done with intent to cause
miscarriage
• 315-act done with intent to prevent child being born alive
or to cause it to die after birth
• 316-causing death of quick unborn child by act
amounting to culpable homicide .

12. Medical Termination of Pregnancy act
1971
• Rajya sabha approved the Medical Termination of
Pregnancy (Amendment) , on 16th March 2021
1. Enhancing the upper gestation limit from 20 to 24 weeks
for special categories of women which will be defined in
the amendments to the MTP Rules and would include
survivors of rape, victims of incest and other vulnerable
women (like differently-abled women, minors) etc.

13. 2.Opinion of only one provider will be required up to 20 weeks
of gestation and of two providers for termination of
pregnancy of 20-24 weeks of gestation.
3.Upper gestation limit not to apply in cases of substantial fetal
abnormalities diagnosed by Medical Board.
4.Name and other particulars of a woman whose pregnancy has
been terminated shall not be revealed except to a person
authorized in any law for the time being in force.
5.The ground of failure of contraceptive has been extended to
women and her partner.

14. en ventre sa mere- french term
 en ventre sa mere which means - in mother's womb.
Besides classifying them, giving rights to them, and
protecting them, the law has a duty of deciding many other
issues relating to them.
 Occleston v Fullalove (1873–74)
 Case heard in the Court of Appeal in Chancery it was argued
for the Appellant that although the child in question.

16. Ethical concepts of right to life &
Pre-viability

17. Medicolegal Rights of Unborn
• Right of being born alive?
• Right of being born with healthy life (mentally & physically)?
• Right not to be born?

18. H u m a n r i g h t s
a r e
u n i v e r s a l r i g h t
t o
n u r t u r e , l i v e
a n d b e
p r o t e c t e d

19. References
• Gupte S: Rightsof the fetus in Legal Angle of GynecPractice: EighthIssue: Publishers,MaharashtraLaw
agency,Nashik,2008,1-2
• Available at http://Legal-dictionary.the-freedictionary.com/Family-Law.AccessedonNov.9, 2012
• MedicalTermination of PregnancyAct,1971,No.34, Actsof Parliament,1971(India),
http://mohfw.nic.in/MTP%20Act%201971.htm.Accessedon Nov. 9, 2012
• Suffer The Children: The Storyof Thalidomideby the Insight teamof The SundayTimesof London -The Viking
Press,NewYork
• http://www.figo.org/docs/Ethics%20Guidelines%20%20English%20version%202006%20-2009.pdf.Accessed
on Nov.9, 2012