Article 315 – This article of the Criminal Code stipulates that inflicting a prenatal injury on a child who has the capacity to be born, and if such injury affects him from birth, constitutes an offence of destruction of a child. From the sections above, we can understand that the IPC deals specifically with the death of a rapid unborn child. This article states that an unborn child is a person whose movement has already begun in the womb and the person who performs an act and would cause the death of someone and would be guilty of responsible murder, and by doing the same act, causing the death of a rapid unborn child, has committed an offence under section 316. You are responsible for the 10-year prison sentence as well as the fine. “Article 21 of the Constitution of India” provides that “no person shall be deprived of his life and personal liberty except in accordance with such procedure as are prescribed by law”. Well, it seems to be a concern for the legislator when it comes to determining the status of the fetus under the Indian Constitution. It has always been confusing and it is still unclear whether an unborn child should be granted the same rights as the child`s right. The legal status of the unborn child is necessary to protect the child even in the womb. The Constitution should uphold the strict rights of the foetus that constitute the legal meaning of the rights of the unborn. The legal status of the unborn child has changed over the years in terms of criminal and civil liability. Mother`s miscarriage is also prevented by fetal rights. Children have been our most precious resource for ages. The law has protected an unborn child from illegal abortion for a very long time.
The law of our country has always protected the unborn child from illegal abortion. The medical profession has been taking the Hippocratic Oath since the 19th century. The oath states that doctors will not abuse their patients and will never get a woman to end a child in her womb. Doctors are considered rescuers and are therefore called God. It is the doctor`s responsibility to provide pregnant women with the best possible treatment so that the new child can enter the real world. Therefore, it is the duty of doctors not to engage in illegal practices such as determining the sex of the unborn child, illegal medical abortion, etc. It was built in the middle of the 19th century. It was found that the child needs special needs before and after birth and needs to be treated with great care because a child is very sensitive and must be kept under parental observation at all times.
Over time, the notion of persons under case law has expanded. Natural persons began to develop companies for their companies, for this purpose, some natural persons had to act on behalf of these companies. However, a complex situation arose when companies had to be sued. To avoid this problem, the concept of “legal/artificial” person was introduced. Although it takes the 8th week for a child to develop all the organs of the body in the womb, the child`s heart begins to beat between the second and third week of pregnancy. According to the World Medical Association: “One person`s life begins with conception and ends with death.” [1] Thus, if the heart of this little creature begins to beat in the womb, it clearly means that the child has a life in the mother`s antenatal room and that he must not be deprived of his life by being aborted. Legal personality is not limited to companies, but also extends to the position of a person. A president or deputy official are legal functions conferred on individuals. This means that no matter who holds such a position, the tasks to be performed will be the same.
Therefore, a person in a position may be prosecuted for actions he or she has taken during such a position. In addition, the concept of corporate personality is also created by law. A legal personality has more rights and obligations than other legal entities. `A child who was in the womb at the time of the death of a deceased person and who is born alive thereafter shall have the same right of succession as if he had been born before the death of the deceased and the heir shall, in that case, be deemed to have been acquired from the date of the testator`s death.` Concern for the rights of the unborn child and his or her life is also reflected in the “Draft Declaration on the Rights of the Child” (1950) — “even before birth”. The draft Declaration of the Rights of the Child states that the child has the right to grow and develop healthily before birth. Thus, from the above conventions, it follows that the unborn child is so similar to a normal child and also has a right to life as normal human beings. As mentioned in the convention above, it is clear that a fetus is as similar to a person as it is to a person and that the fetus also deserves all the fundamental rights that a normal child deserves. But in India, the law concerning the rights of the fetus is the subject of many questions.
The law in Indian states is still uncertain and is subject to many questions due to the uncertainty of whether or not to consider the fetus as a normal child. In India, abortion was criminalized under Section 312 of the Indian Penal Code until 1971. Abortion is only allowed in emergencies when the life of the baby or mother is in danger. We must understand that the problem facing the unborn child today due to dangerous laws may one day also be inflicted on our children and the children of other children, and in order to protect the rights of the unborn child in the future and to refine the legal rights of the unborn, it is important that the law be changed and that an unborn baby be granted the “right to life”. as well as the rights granted to a normal person. The laws that apply in the country to the unborn child should be made stricter, and the accused should be punished with the most severe penalty, so that the child is protected from any kind of danger and can develop in a safe environment, which will allow him to be born healthy. After reading so many jurisprudence and laws across India relating to the rights of the unborn, I came to the conclusion that the unborn baby should be granted the “right to life” and that the unborn child should be considered a normal person. According to “Article 21 of the Indian Constitution”, the definition of a person is someone who exists physically, and an unborn baby is considered a person only if he is born on earth. The rights of an unborn child can be very controversial, but the law should grant the unborn child all the rights accorded to a normal human being, because the unborn baby begins the developmental process from the day of conception. Under the Indian Majority Act of 1875; A minor is a person under the age of 18.
A minor is considered a natural person and has legal personality. Nevertheless, section 11 of the Indian Contracts Act of 1832 stated that a minor was not permitted to enter into a contract because he lacked the maturity to make rational judgments about the terms of the contract. Thus, an agreement with a minor is void from the outset, unless the contract is in his favor. Note: It is important to show that the protests of the culprits were the immediate cause of the death of the unborn child. It is not important to show that the accused was aware of the woman`s pregnancy or that he expected to shoot the unborn child by completing the demonstration. The prior rights of the unborn child, including property, are very limited, but now, nowadays, laws and new changes give many legal statuses to the unborn child in the womb. Surrogacy issues have also been taken into account in the state of mother`s rights in India. The U.S.
Constitution emphasized property rights only with greater importance. Property rights in India are legally granted when ownership is transferred directly in the name of the unborn child. The rights of the fetus require all the fundamental and civil rights of the Constitution. According to Austin, the term “person” refers to a natural or natural person, including any being who can be considered a human being. A person with a legal personality of his own is referred to in case law as a “person”. In general, a living person is considered a natural person. In the past, slaves were not allowed to have the privileges that a legal person possessed, but were considered only natural persons by birth. Most of the rights and privileges guaranteed by law with duties and obligations are transferred to natural persons.
A natural person may take legal action and be prosecuted in accordance with the law. Human rights and fundamental rights are established for the benefit of these natural persons. Note: “Actual damage” refers to all cuts, wounds, scratched areas, deformities, consumption, illness, physical torment or dysfunction of a physical or mental nature, even those that are inconsistent. It is not important to verify that the accused was aware of the woman`s pregnancy or intended to harm the unborn child through the manifestation. The unborn child should be considered a normal person and should enjoy all the rights that belong to a normal human being.