RIGHTS OF AN UNBORN CHILD

The rights of an unborn child are recognized in various different legal contexts; e.g. in criminal law causing death of foetus has been held to be an offence under Sections 312 to 316 of the Indian Penal Code, and the law of property considers the unborn child in being for all purposes which are to its benefit, such as taking by will or descent. An unborn child aged five months onwards in mother’s womb till its birth is treated as equal to a child in existence. The unborn child to whom the live birth never comes is held to be a ‘person’ who can be the subject of an action for damages for his death. The foetus is actually a loss of child in the offing. Prakash & others vs. Arun Kumar Saini & another 2010 (2) Law Reports on Crime 169 (Delhi HC)