Miscarriage- SS. 312-318
Essentials
• “voluntary” (def. under S. 39) causing of miscarriage- includes a woman who causes herself
to miscarry
• Miscarriage is often used synonymously with abortion. However, they are medically distinct.
- Abortion- foetal/ovum stage; no placenta
- Miscarriage- placenta formed; early movements
• ” Women with child” vs. “Woman quick with child”
• S. 313 punishes anyone who causes abortion without the consent of a woman- life/10 years
• S. 314 punishes anyone who has caused intentional miscarriage which has led to
unintentional death of the woman. If such miscarriage is done without consent, the
punishment is harsher; usually life term
• Exception of “good faith” under Section 312
Dr. Jacob George vs. State of Kerala (1994)
- W wanted to abort her second child and approached J, a homeopathic practitioner
- J performed a surgical operation for abortion on W who later died of perforation in her
uterus
- J was convicted by TC and HC for causing ‘miscarriage’ and death while causing miscarriage.
He was awarded a RI of four years and Rs.5000 fine
- The SC reduced the sentence to the time served (2 months) and increased the fine to Rs. 1L
- Mitigating factor- consent of the woman to abort; death due to procedural complications;
absence of direct nexus;
Medical Termination of Pregnancy
• MTPA 1971- Safe termination or pregnancy with the help of qualified and registered medical
practitioners
• Termination of pregnancy is legal if:
- It is a threat to the physical or mental health of the woman
- Foetus has revealed abnormalities which could pose a physical or mental threat to its life
after birth
- Pregnancy caused due to rape or failure of contraception methods has been considered to
qualify as mental anguish for a woman
- Termination between the duration of 12-20 weeks subject to opinion of one expert or two
experts respectively
- No termination of pregnancy for anyone:
o below the age of 18, or
o Above 18 but mentally unsound; without the consent of her guardian
o Sarmishtha Chakraborty vs. Union of India
Essentials
• “voluntary” (def. under S. 39) causing of miscarriage- includes a woman who causes herself
to miscarry
• Miscarriage is often used synonymously with abortion. However, they are medically distinct.
- Abortion- foetal/ovum stage; no placenta
- Miscarriage- placenta formed; early movements
• ” Women with child” vs. “Woman quick with child”
• S. 313 punishes anyone who causes abortion without the consent of a woman- life/10 years
• S. 314 punishes anyone who has caused intentional miscarriage which has led to
unintentional death of the woman. If such miscarriage is done without consent, the
punishment is harsher; usually life term
• Exception of “good faith” under Section 312
Dr. Jacob George vs. State of Kerala (1994)
- W wanted to abort her second child and approached J, a homeopathic practitioner
- J performed a surgical operation for abortion on W who later died of perforation in her
uterus
- J was convicted by TC and HC for causing ‘miscarriage’ and death while causing miscarriage.
He was awarded a RI of four years and Rs.5000 fine
- The SC reduced the sentence to the time served (2 months) and increased the fine to Rs. 1L
- Mitigating factor- consent of the woman to abort; death due to procedural complications;
absence of direct nexus;
Medical Termination of Pregnancy
• MTPA 1971- Safe termination or pregnancy with the help of qualified and registered medical
practitioners
• Termination of pregnancy is legal if:
- It is a threat to the physical or mental health of the woman
- Foetus has revealed abnormalities which could pose a physical or mental threat to its life
after birth
- Pregnancy caused due to rape or failure of contraception methods has been considered to
qualify as mental anguish for a woman
- Termination between the duration of 12-20 weeks subject to opinion of one expert or two
experts respectively
- No termination of pregnancy for anyone:
o below the age of 18, or
o Above 18 but mentally unsound; without the consent of her guardian
o Sarmishtha Chakraborty vs. Union of India
