RIGHT OF UNBORN CHILD IN INDIA

The rights of unborn children in India are enshrined in various laws and legal provisions that aim to protect their interests and entitlements, particularly with regard to inheritance and property rights. This blog post will discuss the legal rights of unborn children in India and the measures in place to ensure their protection.

Table of Contents

1. Introduction to the Rights of Unborn Children

2. Inheritance Rights of Unborn Children

3. Legal Provisions for the Protection of Unborn Children

4. Conclusion

1. Introduction to the Rights of Unborn Children

In Indian law, an unborn child is recognized as an individual with certain rights and entitlements, including the right to life and the right to inherit property. These rights are recognized under various legal provisions to ensure that the unborn child's interests are protected and that they receive their due entitlements once they are born.

2. Inheritance Rights of Unborn Children

Unborn children in India have the right to inherit property under the Hindu Succession Act, 1956, the Indian Succession Act, 1925, and other relevant inheritance laws. These laws stipulate that an unborn child's rights to property are contingent upon their being born alive.

For example, under the Hindu Succession Act, an unborn child acquires an interest in the property from the moment of conception, provided they are born alive. Similarly, the Indian Succession Act recognizes the right of an unborn child to inherit property, subject to the condition that they are born alive within a stipulated period.

3. Legal Provisions for the Protection of Unborn Children

Various legal provisions have been enacted in India to protect the rights and interests of unborn children. These include:

1. The Transfer of Property Act, 1882: This Act allows the transfer of property for the benefit of an unborn child, provided there is a prior interest created in favor of a living person. Once the unborn child is born, they become entitled to the property.

2. The Medical Termination of Pregnancy Act, 1971: This Act regulates the termination of pregnancy in India to protect the right to life of the unborn child. Abortions are allowed under specific circumstances and within a certain gestational period, ensuring that the rights and interests of the unborn child are safeguarded.

3. The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994: This Act prohibits sex-selective abortions and aims to protect the rights of unborn children, regardless of their gender.

4. Conclusion

The rights of unborn children in India are protected through various legal provisions that recognize their entitlements and interests, particularly in the realm of inheritance and property rights. By acknowledging and safeguarding the rights of unborn children, Indian law strives to ensure their well-being and security once they are born. It is crucial for individuals to be aware of these rights and legal protections to ensure that unborn children receive their due entitlements and protections under the law.