HEALTHY LAW IN INDIA,
Abstract
In our India pregnancy is celebrate like a festival , When a women having a child in her womb her family member excited to see baby’s face but some time this is opposite ,Section 312 to 318 of Indian penal code deals with the offences related to miscarriage ,In India miscarriage or abortion as religiously wrongful act ,We can see many cases where women are suffering domestic violence or intimate partner violence is suffered many time and according to CDC report pregnant women are suffering pregnancy homicide ratio was 1.7 death per 100,000 live birth , Many women are suffering form reproductive diseases who cannot carry a child in their womb and these women opt another option which is adoption, surrogation, or IVF .there are lakhs of miscarriage or abortion in India ,
All miscarriage are abortion but all abortion is not a miscarriage , For abortion two type of believing surround in people mind that Abortion is a murder while other believing reproductive is women’s right ,When a abortion happened women face many problem which is physically or mentally , Is section 312 to 318 healthy law in India or have some disadvantage ,
Keyword – Pregnancy, Violation , Abortion ,Miscarriage ,MTP act ,Important of section 312 to 318
INTRODUCTION
In our Constitution gives us six fundamental rights in one of them article 21 gives us Right to life and liberty ,in Indian penal code 1860 section 312 to 318 deals with the offence related to miscarriage ,abortion and its punishment ,Every day approximate 13 women died in India due to unsafe abortion because instead of going to a doctor ,Women themselves go to a medical store and take abortion pill ,Many time this abortion pill is not safe and women face side effect in her body even some time these medicine also become the cause of death of the women , 50% of death was cause of violence or intimate partner violence and before these act women are victim but now they know there law, ABC news have reported that approximately 20%of women die during pregnancy are victim of murder, violence are 50% reason of pregnant women death or some time forcefully abortions are cause of women death, MTP{ medical termination of pregnancy Act }1971, in India this act provide the termination of certain pregnancy by registered medical doctors ,this Act apply all over India but with some ruler area many nurses do abortion in the pregnant women house ,Abortion in India done in two ways, Medical or Surgical abortion ,Is abortion legal in India ? So the answer is Yes ,with the help of MTP ACT , In India many crime reduce due to section 312 to 318 ,in Indian penal code 1860 section 312 to 318 help those women who is suffering abortion without her consent ,in Indian many abetment are done to make safe and healthy abortion ,in India pregnancy may be terminated up to 20 weeks by a married women in case of failure of contraceptive method or device and for unmarried women also terminate her 20 weeks pregnancy with the consent of her ,below 18 year of girl also terminate her 20 weeks pregnancy with her guardian consent , The purpose of this act is healthy abortion but some place people not aware , Before this act Abortion was dangerous and abortionists were killed many pregnant women but now abortion methods is safe ,Soviet Union was first introduce abortion law, abortion procedure following theW.H.O [World Health Organisations] guidance , this is following when ….
- Risk of life and health
- Rape or sexual assault
- Fettle anomaly
- Physical and mental health is not good
Section 312 to 318 of Indian penal code 1860 is deal with the offence which is crime in abortion and protect women who is suffering cruelty in her in law’s house , Section 312 tells that when a miscarriage is not done with a good faith for the purpose of saving the life of the women , to be punished with imprisonment for 3 year ,Section 313 is tell that miscarriage without women consent is crime ,be punished imprisonment for 10 year or life and fine ,Section 314 is tell that any act is done with the intention to kill a child without women consent is crime ,section 315 is tell prevent child being born or kill child after its birth is crime ,be punished with imprisonment 10 year or life and fine both ,section 316 is tell that killed a child quick after birth amounting culpable homicide , section 317 is tell that any person or parent who is intentionally abandon or not give proper care to the child , be punished imprisonment 7 year and fine or both , section 318 tell that if a person or parents who is secretly burning the child or disposing the dead body of the child such child die before or during birth is crime ,shall be punished imprisonment for 2 year or fine and both , With the help of these section we can say women and their child are safe ,we can not imagine her life without these section ,these are very healthy and helpful section in India ,before these section many crime and criminal are free form the punishment but these section help to prevent these type of crime but now in 21st century some time many cases are seen where a new born child face these type of crime , we also says that these section should be more effective and strong because in this century where criminology are change in miscarriage , The SUPREME COURT has said that a split verdict on a government plea to recall permission to a women to terminate a 26 week pregnancy ,in India we easily known these section with the help of many case law following – 1. Jagadeesh v. state of Kerala [Kerala high court, date sep 24 ,2018] ,2.Somnath Bhattacharjee vs. Tapas kumar Bhattacharjee [CALCUTTA HIGH COURT ,DATE NOV 10,1983 ], 3.Prince v. State of Haryana [PANJAB AND HARYANA HIGH COURT, DATE MAY8,2023], 4.X v. Principle secretary health welfare department [ sc.1321, September 29,2022] ,
RESEARCH METHODOLOGY
This article is focus on the Indian penal code 1860 section 312 to 318 is healthy or not for India and how it is benefit for women , The aim of this article is to focus on abortion and crime in abortion ,
To studies these section , we find many case law in IPC any book and in Indian penal code 1860 bare act easily define these section but with the help of case law you can easily know about these section ,We find data from google and also in books, I find many cases from, NFHS-4, national library of medicine, www.wikipedia.org www.casemine.com ,www.ndtv.com , www.livelaw.in ,www.reserchgate.net google scholar and bare act illustration can easily define these section ,
LITERATURE REVIEW
In this article this is my short literature review that in our country many laws are made to help people , this review also explain how section 312 to 318 of Indian penal code help women in India ,Before these act many women face forcefully abortion but now they know their right and enjoy her pregnancy , These act give some power to the women ,murder of pregnant women is homicide result domestic violence ,studies says that in this century women are face many criminal activity in their pregnancy with negative outcome , many rape victims face these type of criminology and these section also help them, violence against women is recognised as a serious health problem ,specially crime against pregnant women , In India 2.9% violation against women in urban area , 3.5% violence during pregnancy in ruler area ,
METHODS
Primary studies shows that have estimate the prevalence of violence during pregnancy ,these studies tell about the benefit of these section ,section 312 to 318 is healthy law in India ,NFHS-4 2015-2016 in the fourth serious provide information on health and population and violation against the women in India , This research done under the health ministry and MOHFW , This is the novel research centre in India ,Ruler and Urban areas are two type of views are important for calculation of these crime ,
RESULT
These law prevent violation for pregnant women ,These are the data which is show what percentage of violence women face in Indian states are following—
S.n State %urban %ruler
- Bihar 6.8 4.5
- Rajasthan 1.3 1.4
- Delhi 3.5 ——
- West Bengal 5.5 4.8
- Karnataka 8.7 4.5
- Haryana 3 6.3
- Tamil Nadu 5 7.5
- Uttarakhand 1.1 1.5
- Uttar Pradesh 3.1 4.9
- Maharastra 2.3. 3.4
Etc ,these data show that in urban area violation percentage is also high and risk factor of violation during pregnancy is determine by the risk factor of the pregnancy ,Many of data is available in google also which show the violation in pregnancy in whole world ,Mostly 18 to 30 year old women face these violence and have high risk to face these criminology ,Her family background is concerned to face these crime ,In comparison or urban area ruler area women mostly face these violence ,Research prove that ruler women experience high percentage of violence specially during her post pregnancy as well as past pregnancy period, in India Hindu women face little more violation than Muslim women ,Education also play important roll to protect the victim ,Uneducated women were subject to little higher risk of violation
Women’ age-
<20 year 3.9% of women face violation
20-25 3.0% of women face violence
26-30 3.2% of women face violence
Religion ——
Hindu 3.2
Muslim 2.9
Other 2.4
Education —
Educated 2.5
Uneducated 4.5
Wealth status —
Poor 5.0
Middle 3.5
Richest 1.9
With the help of these chart you can easily know about the percentage of violation post and past period of pregnancy ,few are not speak about her problem think of that “char log kya bologna”
CONCLUSION
Every 5% to 10% women face these type of crime in her pregnancy ,Section 312 to 318 is very helpful for Indian ’s law , these law is positive approach to reduce the violation against women and new born child , According to these section , a person commits crime because it is not caused for the purpose of saving the life of the mother , These section tells what kind of punishment is imposed in case of accused found guilty, first and foremost , you should know that causing miscarriage of a pregnant women is a crime under the Indian penal code [I.P.C], when miscarriage be not done in a good path for the purpose of saving life of mother ,be punished with imprisonment and fine or both, Thus we can says that these section in IPC is healthy and positive law for all women who need support from law side ,the Indian Penal Code 1860 is the official criminal code of the Republic of India ,It comes into force 1862, Miscarriage under section 312 is bailable ,non-cognizable but Miscarriage under section 313 is non-bailable . Thank you!
Akanksha Jadon
Asian law college, Noida