Deepender Deswal, TNN | May 5, 2012, 04.35AM IST
ROHTAK/GURGAON: The spurt in the outrageous incidents of abandoning newborn girl child by their families recently has exposed the laxity in the law that deals with such cases. Police registered a case under Section 317 of Indian Penal Code (IPC), while the social activists demand a case of murder under Section 302 of IPC be registered against the parents or guardian if a baby dies after being abandoned.
However, the social activists demanded that if a child dies like the Gurgaon girl child that died recently, a case should be registered, even if the identity of the parents is unknown.
Jaswanti, director of Rohtak-based woman shelter home who also operates a childline to rescue abandoned and exploited children, maintained that when parents dump the infant in a dust bin, she is destined to be dead until someone spots and rescues her. "Now, when she has died obviously due to the criminal act of her parents or family, the case of abandonment should be converted into a murder case under Section 302 and police should make an attempt to locate the parents to try them in the court".
The Rohtak-based senior advocate as well as an activist, Amit Kajal also believes that the parents deserve harsh punishment in case of death of an abandoned child. "Though the explanation given in the Section 317 stated that 'this section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child dies in consequence of the exposure', but under the given circumstances when the male-child-obsessed parents are not hesitating to abandon the infant girls to die, there is definitely need for a more strict provision to curb the occurrence of such cases," said Kajal.
He stated that under Section 317, the convicted person would be given imprisonment of up to seven years, or fine, or both. "Though, it is very difficult to trace such parents, if strict provisions were introduced, the police also would have to take measures to trace the culprits," he said.
Another complexity concerns the issue of birth certificates of those children whose place of birth nobody knows and thus, the hospitals face difficulties in issuing birth certificates of such children.
"It's mandatory to furnish a child's birth certificate at the time of shifting the child to creche. We have to seek personal favour from the concerned health officials at different district to get the birth certificate issued," he said.
This problem further got complicated in case of a child in Sonipat, who was abandoned inPGIMS hospital at Rohtak. "Since, she has been brought here for treatment and was born somewhere else, the PGI authorities could not issue a birth certificate. The address mentioned by the unidentified parents belonging to Khanda village in Sonipat turned out to be fake, and hence Sonipat civil hospital also could not issue the birth certificate," said Jaswanti.
However, she added that the provision regarding the dealing with such children should be relaxed. "I would take up this issue in the meeting of Child Welfare Committee, urging the district administration to make provisions to issue birth certificate from the local birth and death registrar".
Link: 'Charge parents with murder if abandoned newborn girl dies'
However, the social activists demanded that if a child dies like the Gurgaon girl child that died recently, a case should be registered, even if the identity of the parents is unknown.
Jaswanti, director of Rohtak-based woman shelter home who also operates a childline to rescue abandoned and exploited children, maintained that when parents dump the infant in a dust bin, she is destined to be dead until someone spots and rescues her. "Now, when she has died obviously due to the criminal act of her parents or family, the case of abandonment should be converted into a murder case under Section 302 and police should make an attempt to locate the parents to try them in the court".
The Rohtak-based senior advocate as well as an activist, Amit Kajal also believes that the parents deserve harsh punishment in case of death of an abandoned child. "Though the explanation given in the Section 317 stated that 'this section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child dies in consequence of the exposure', but under the given circumstances when the male-child-obsessed parents are not hesitating to abandon the infant girls to die, there is definitely need for a more strict provision to curb the occurrence of such cases," said Kajal.
He stated that under Section 317, the convicted person would be given imprisonment of up to seven years, or fine, or both. "Though, it is very difficult to trace such parents, if strict provisions were introduced, the police also would have to take measures to trace the culprits," he said.
Another complexity concerns the issue of birth certificates of those children whose place of birth nobody knows and thus, the hospitals face difficulties in issuing birth certificates of such children.
"It's mandatory to furnish a child's birth certificate at the time of shifting the child to creche. We have to seek personal favour from the concerned health officials at different district to get the birth certificate issued," he said.
This problem further got complicated in case of a child in Sonipat, who was abandoned inPGIMS hospital at Rohtak. "Since, she has been brought here for treatment and was born somewhere else, the PGI authorities could not issue a birth certificate. The address mentioned by the unidentified parents belonging to Khanda village in Sonipat turned out to be fake, and hence Sonipat civil hospital also could not issue the birth certificate," said Jaswanti.
However, she added that the provision regarding the dealing with such children should be relaxed. "I would take up this issue in the meeting of Child Welfare Committee, urging the district administration to make provisions to issue birth certificate from the local birth and death registrar".
Link: 'Charge parents with murder if abandoned newborn girl dies'
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