Meaning and Concept of Legal Status of Unborn Persons
The legal status of unborn persons refers to the recognition and protection given by law to a child who is not yet born but is in the mother’s womb. Generally, an unborn person is not considered a legal person in the strict sense. However, law adopts a beneficial and protective approach by recognizing certain rights of an unborn child. This principle is based on the legal maxim “nasciturus pro iam nato habetur, quotiens de commodis eius agitur”, meaning an unborn person is deemed to be born whenever it is for their benefit. The objective is to prevent injustice and safeguard future interests. Thus, unborn persons are treated as legal persons conditionally, only when it benefits them and provided they are born alive.
Statutory Recognition under Indian Law
Indian law provides indirect but clear recognition to the rights of unborn persons. Section 20 of the Hindu Succession Act, 1956, states that a child in the womb at the time of the intestate’s death shall inherit property as if born before such death, provided the child is born alive. Similarly, Section 13 of the Transfer of Property Act, 1882, allows transfer of property for the benefit of an unborn person through a prior interest. In criminal law, Section 315 of the Indian Penal Code, 1860, punishes acts done with intent to prevent a child from being born alive. These provisions show that Indian law protects unborn persons in matters of property, succession, and life.
Judicial Interpretation and Constitutional Perspective
Indian courts have consistently recognized the limited legal personality of unborn persons. The judiciary treats an unborn child as a person in law when questions of welfare, inheritance, or compensation arise. Courts have also linked this protection with Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. Although this right is not absolute for unborn persons, courts balance it with the rights, health, and dignity of the mother. Judicial interpretation thus ensures a harmonious balance between individual autonomy and protection of potential life. The legal status of unborn persons is therefore conditional, protective, and welfare-oriented.
Real-Time Application
A practical example of the legal status of unborn persons can be seen in inheritance cases. If a person dies intestate while his wife is pregnant, the unborn child is entitled to a share in the ancestral or self-acquired property under Section 20 of the Hindu Succession Act, 1956, provided the child is born alive. Another example is motor accident claims, where courts have awarded compensation for the death of an unborn child, recognizing its future prospects. These examples demonstrate how law practically safeguards the interests of unborn persons.
Mnemonic for Easy Understanding
A simple mnemonic to remember the legal status of unborn persons is “LIVE”. L stands for Legal Recognition. I stands for Interest-Based Protection. V stands for Vests on Birth. E stands for Exists for Benefit. Remembering “LIVE” helps students quickly recall that the unborn person’s rights exist only when it benefits them and are confirmed upon live birth.
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