Clause (d) section 2 of the Protection of Human Rights Act 1993.
N.K.Assumi
(Querist) 26 August 2008
This query is : Resolved
Whether the expression "Human Rights" as inserted in clause (d) section 2 of the Protection of Human rights Act 1993, will include the unborn child in the mother's womb?
Manish Singh
(Expert) 26 August 2008
Status of unborn child or foetus is quite unclear because of each law has its own sphere. Status of the foetus is different in different laws and the position of the foetus in law is not fixed. Even under the IPC, forcing a woman for miscarriage is not murder and killing a pregnant woman is not double murder although it is culpable homicide. But still we see that if we read section 314 onwards in the IPC, the offences against the killing of a foetus are listed under injuries to human beings. So there is no doubt that the foetus is a human being.
Even under the Hindu Law, the foetus in the mother’s womb has the right to partition in a joint family. A child in the womb has definite rights.
But still there are differences in opinions which can be inferred by diffrent judgments.
If the act specifically mentions it to be included then there is no ambuguity.
N.K.Assumi
(Querist) 27 August 2008
Dear Manish,
You have covered the major field in this area. But the grey area that you have mentioned is not a very happy one comparing to the above mentioned area that you have mastered.Any way, thank you so much for your contribution in this matter. I am sure this debate is going to dominate the Country in the near future as already trigerred by the case of Mehta and Niketa.I am glad knowing that you have indepth understanding of this issue and its pros and cons.
Manish Singh
(Expert) 27 August 2008
Dear Sir,
Thanks for the appreciation.
We can only wait for the specific legislation to be drafted on this aspect.
Even the ambiguity prevails throughout the world over the said issue except few coubtries.
