Criminal abortion-overview

1. Criminal Abortions& Legal
Implications
Dr. P.Vijayalakshmi
College of Nursing
National Institute of Mental Health &Neurosciences(INI), Bangalore

2. What is abortion?
Abortion means spontaneous or induced expulsion of
products of conception before viability (28 weeks) whereas
premature labor is delivery of fetus after 28 weeks of
pregnancy up to 40th week.
In medical practice, the abortion occurs in1st trimester,
miscarriage in the 2nd trimester premature labor in the 3rd
trimester.
 Legally all the above terms are synonymous

3. Types of Abortions
Abortion
Natural/Spontaneous
Threatened
Inevitable
Complete
Incomplete
Induced/Artificial
Legal
Illegal (Criminal)

4. Legalized Abortion
Therapeutic (for medical purposes)
 Diseases related to mother
Eugenic
 Diseases related to fetus
Social
 Unplanned pregnancy
 Contraceptive failure
Humanitarian
 Rape
Environmental
 Socioeconomic condition of women

5. Criminal Abortion
 Criminal abortion is the induced destruction or expulsion of the foetus
from the womb of the mother unlawfully where there is no therapeutic
indication for operation.
 Criminal abortion is usually undertaken by the
1.Widows for remarriage.
2.Unmarried girls.
3.Married woman of educated middle class to avoid addition to the
family.
4.The abortion may be undertaken solely for the purpose of sex
determination to avoid female child

6. Methods to induce Criminal Abortion
1. Mechanical Violence (general and local)
2. Abortifacient drugs
3. Instruments

7. Mechanical violence
General Mechanical Violence
 These methods may act directly on the uterus or act indirectly by promoting
congestion of pelvic organs and causing hemorrhage between uterus and
pelvic membranes.
 These methods are:
1. Severe pressure over the abdomen (blows, kicks, tight lacing and
jumping)
2. Violent exercise such as (riding, cycling, jumping from height, jolting
and lifting heavy weights.

8. 3. Cupping: A mug is turned mouth downwards over a lighted
wick & placed on the hypogastrium and the mug is pulled,
which result in partial separation of the placenta. It is usually
practiced in advanced pregnancy.
4. Very hot and cold baths alternatively.
5. Massaging the uterus through abdominal wall.
Local Mechanical Violence
retroverting uterus bimanually

9. Abortifacient Drugs
The abortifacient drugs are:
1) Ecbolics: act directly on the uterus and increase the uterine
contraction
2) Emmenogogues: produce an increase menstrual blood flow
and act as abortifacient when given in large doses.
3) Irritants of genitourinary tract: produce inflammation of
genitourinary tract and irritates the uterus and induce uterine
contractions

10. 4. Irritants of the Gastrointestinal tract: excite uterus to contract “in
sympathy” with the violent contractions of stomach and colon.
5. Drugs having poisonous effect on the body:
 Inorganic irritants such as copper, mercury.
 Organic irritants such as unripe fruits of Papaya and Pineapple.
 Abortion Pill. It concentrates in the corpus luteum and stimulates
a woman's natural inclination to menstruate even after presence
of fertilized ovum and causes incomplete abortion.

11. Instruments
The instruments are used for the purpose of:
1. Rupture of membranes by introduction of penetrating instrument such as
uterine sound, catheter, pencil, knitting needle, hairpin, stick and even
fingers.
2. Abortion stick: Abortion stick is a thin wood or bamboo stick, 12 to 18 cm
(5-8 in) long and its one end is wrapped with cotton wool or a piece of rag
whose greater part is soaked with juice of Marking nut, or a paste made of
Arsenic oxide, sulphide etc.
3. Air insufflation: The air is instilled into vagina by means of syringes or
pumps.

12. 4. Electricity: Negative pole is applied over the cervix and positive pole over
sacrum or lumber vessels and then the current is passed that results in
uterine contractions and subsequent abortion.
5. Paste: The paste containing iodine, thymol or mercury into the uterus
6. Syringing: Enema syringe with a hard bulb is commonly used to inject
fluid in to the uterus. A mixture of air and fluid is forced into uterine cavity
at a higher pressure than uterine veins. The fluid detaches parts of amniotic
sac and placenta from the uterine walls. The uterus contracts causing
haemorrhage and thus abortion

13. Legal implications
 Medical Termination of Pregnancy Act, 1971. Termination of a pregnancy of
length less than 20 weeks, with the opinion of a registered medical
practitioner and for length 20 - 24 weeks, the opinions of two registered
medical practitioners will be required.
 Getting abortion after knowing the sex of fetus (girl) will be punished with
jail time of up to three or seven years depending on the stage of pregnancy
(Section 312 IPC 1860).
 Sections 313 to 316 of the Indian Penal Code (IPC) deals with miscarriage
and death of an unborn child and depending on the severity and intention
with which the crime is committed, the penalties range from seven years to
life imprisonment for fourteen years and fine.

14.  The pre-conception and pre-natal diagnostic techniques (regulation
and prevention of misuse) act, 1994
 Purpose:-
i) Ban the use of sex selection techniques before or after conception.
ii) Prevent the misuse of pre-natal diagnostic techniques for sex selective
abortions.
iii) Regulate such techniques Stringent punishments have been prescribed
under the Act for using pre-conception and pre-natal diagnostic
techniques to illegally determine the sex of the foetus.

15. Prenatal tests may be performed in various specified
circumstances, including risk of chromosomal abnormalities in
the case of women over 35, and genetic diseases evident in the
family history of the couple.

16. Thank you !!!...