Dear Members,

'Unborn child is a living person'

MUMBAI: After the insurance firm rejected the claim of Kanta Kotecha, she filed a consumer complaint before the Yavatmal District Forum in respect of the claims for Atul and the unborn child.

The complaint was vehemently opposed by the insurance company. After hearing the parties, the forum directed the insurance company to pay the claim in respect of Atul's death.

However, it concurred with the insurance company that an unborn child could not be treated as a passenger and upheld the rejection. Kanta went in appeal against this order before the Maharashtra State Commission.

The commission considered American law under the Unborn Victims of Violence Act 2004 whereby personhood was granted to a human foetus. It observed that law is not static but an instrument of socio-economic change.

According to science, during the second trimester of pregnancy from the 13th to the 27th week, the embryo turns into a foetus and attains a recognisable human form.

The term 'human foetus' implies the organism is alive and growing. Hence, an unborn child in the womb is living and be entitled to personhood. The commission noted there were no foetal anomalies.

The post mortem report showed the presence of an enlarged uterus with foetus and placenta commensurate with seven months of pregnancy. Hence the claim in respect of the unborn child was maintainable.

Source:- Time of India