A Deep Dive into IPC Section 318: Infanticide in India. Section 318 of the Indian Penal Code (IPC) deals with the crime of infanticide—specifically, the concealment of the birth of a child. This section addresses a serious offense, rooted in a complex socio-cultural context, which involves the unlawful disposal of a child’s body after birth to hide the fact that the child was born. In this blog, we will explore the legal implications of Section 318, its historical significance, societal factors contributing to the act of infanticide, relevant case studies, and its place in the broader legal framework for child protection in India.
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A Deep Dive into IPC Section 318 Infanticide in India
Understanding Section 318 IPC
Section 318 of the Indian Penal Code reads as follows:
“Concealment of birth by secret disposal of dead body: Whoever, by secretly burying or otherwise disposing of the dead body of a child (whether such child dies before, after, or during its birth), intentionally conceals or endeavors to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
This provision was introduced to address a practice that has persisted for centuries—the concealment of births, often linked to infanticide or the death of a newborn child. The punishment is relatively moderate, with a maximum term of imprisonment of two years. The section does not distinguish whether the child was alive or dead at the time of disposal, as its primary focus is on the act of hiding the birth itself.
Historical Context and Societal Factors Contributing to Infanticide
Infanticide, particularly female infanticide, has deep historical roots in India. Societal norms, especially in patriarchal settings, have often devalued the life of a girl child, considering her a burden due to dowry practices and financial constraints. Other reasons include illegitimate births, poverty, and social stigma surrounding unmarried mothers.
While Section 318 does not explicitly address infanticide (which is covered under other sections of the IPC), it does criminalize the act of disposing of the body to hide the child’s birth, thus encompassing situations where infants may have been killed or died shortly after birth. The law plays a crucial role in deterring individuals from committing this crime by criminalizing the concealment aspect, thereby making it more difficult to hide infanticide.
Essential Ingredients of IPC Section 318
For Section 318 to be invoked, the following elements must be established:
- Birth of a child: It must be proven that a child was born. The section applies to children born alive or dead, including stillbirths.
- Secret Disposal: The accused must have disposed of the body secretly. This could involve burial, abandonment, or other methods designed to hide the birth.
- Intent to Conceal the Birth: The core of the offense is the intent to hide the fact that a birth occurred. Whether the child was alive or dead is immaterial to the offense.
- Action After Birth: The concealment can happen at any stage—before, during, or after the death of the child.
Punishment Under Section 318
The punishment for this offense is up to two years of imprisonment, or a fine, or both. The relatively lenient punishment reflects that the offense, while serious, is considered less severe than murder or culpable homicide. However, it can often be an indicator of more serious crimes, such as infanticide or murder.
Related Legal Provisions
While Section 318 deals with the concealment of birth, other sections of the IPC address more serious offenses related to infanticide and the killing of newborns:
- Section 315 (Act done with intent to prevent child being born alive or to cause it to die after birth): This section criminalizes acts done with the intention of preventing a child from being born alive or causing the death of a child after birth.
- Section 302 (Punishment for murder): If it is proven that a child was killed after being born, the offender may be charged under Section 302 for murder.
- Section 317 (Exposure and abandonment of child under 12 years): This section covers the abandonment of a child, which could overlap with cases under Section 318 if the birth is concealed by abandoning the child rather than disposing of a dead body.
Why Infanticide Still Occurs in India
Infanticide remains a problem in certain parts of India due to a range of socio-economic factors:
- Poverty: Families facing severe financial difficulties may resort to extreme measures, including infanticide, to alleviate the burden of raising a child.
- Gender Bias: Female infanticide has been a persistent issue due to cultural preferences for male children. This has led to the abandonment, killing, or secret disposal of female infants.
- Social Stigma: Unmarried mothers or women who conceive out of wedlock often face severe social stigma. In many cases, this leads to desperate actions such as infanticide or concealment of birth.
- Lack of Awareness and Education: In some rural or underdeveloped regions, there is a lack of education about child rights and family planning, leading to unplanned pregnancies and subsequent infanticide or abandonment.
Case Studies on IPC Section 318
Case Study 1: State v. Rekha (2021)
In this case, a woman named Rekha was found guilty under Section 318 for disposing of the body of her newborn child in a well in her village. Rekha, unmarried and afraid of the social repercussions, secretly delivered the baby at home. After the baby died shortly after birth, she panicked and threw the body into the village well to conceal the birth. The police arrested her after discovering the body. Although Rekha claimed the baby was stillborn, the court sentenced her to six months of imprisonment under Section 318 for secretly disposing of the body to hide the birth.
This case highlights the societal pressures unmarried mothers face and how fear of stigma can drive individuals to commit such acts. The court was lenient in its sentencing, taking into account her mental state and circumstances.
Case Study 2: State v. Ramu and Others (2018)
In this case, Ramu and his wife were convicted under Section 318 after the body of their infant daughter was found buried near their home. The couple, already burdened by poverty and having three daughters, resorted to secretly burying the infant after she died a few hours after birth. The autopsy report indicated no signs of foul play, but the court found them guilty of concealing the birth by secretly disposing of the body. They were sentenced to one year of imprisonment.
This case underscores the role of poverty and gender bias in contributing to such offenses. It reflects the difficult decisions some families make when faced with financial and societal pressures.
Case Study 3: State v. Neha (2020)
Neha, a young woman from a conservative community, was arrested after her newborn was found abandoned in a forest. The baby was discovered by local villagers and rescued, though the intent had been to leave the child to die. Neha had given birth in secret and, under pressure from her family, chose to abandon the baby to hide the birth. The court found her guilty under both Section 317 (exposure and abandonment of a child) and Section 318 for attempting to conceal the birth.
This case shows how deeply rooted cultural pressures can lead women to drastic measures like abandonment or concealment of birth.
Conclusion: Addressing Infanticide and the Role of Law
Section 318 IPC serves an essential purpose in deterring the concealment of births, which is often tied to deeper societal issues like infanticide. While the punishment under this section is relatively light, it is often the first step in uncovering more severe offenses. The law, however, cannot address the root causes of these crimes on its own. To truly combat infanticide, India needs to focus on a combination of legal enforcement, social reform, education, and empowerment of women.
Laws such as the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, which aims to curb female infanticide by banning sex determination tests, are crucial in this fight. Furthermore, government schemes like “Beti Bachao, Beti Padhao” (Save the Daughter, Educate the Daughter) aim to promote the value of girl children and reduce gender-based discrimination.
In the end, while legal provisions like Section 318 act as deterrents, a broader societal change is necessary to truly eradicate the evils of infanticide and birth concealment in India.
Author’s Note: The fight against infanticide is a complex one that requires more than just the enforcement of laws. As a society, we need to work towards eliminating the root causes—poverty, gender discrimination, and social stigma—that drive individuals to such desperate actions.