Child Abandonment Prosecutions
1. Understanding Child Abandonment
Child abandonment refers to the act of a parent or guardian leaving a child without adequate care, supervision, or provision, exposing the child to risk of harm, neglect, or death. It is considered a serious criminal offence and a form of child abuse.
Legal provisions commonly invoked in India:
IPC Section 317: Exposure and abandonment of a child under twelve years by parent or person having care of it—punishable with imprisonment up to 2 years or fine or both.
IPC Section 319-322: Relate to causing or attempting to cause bodily harm to a child.
Juvenile Justice (Care and Protection of Children) Act, 2015: Provides for care, protection, and rehabilitation.
Protection of Children from Sexual Offences Act (POCSO), 2012: Protects children from sexual abuse.
Child Labour (Prohibition and Regulation) Act, 1986: Sometimes linked if abandonment leads to child labor exploitation.
2. Elements of the Offence under Section 317 IPC
The child must be under twelve years of age.
The accused must be the parent or person having care or charge of the child.
The accused must have exposed or abandoned the child in a situation that endangers its life or health.
The offence is intentional or due to negligence.
3. Case Law Analysis
1. State of Haryana v. Raghbir Singh (1968)
Citation: AIR 1968 SC 1648
Facts:
The accused abandoned his illegitimate child in a field. The child was later found dead due to exposure.
Court's Findings:
The Supreme Court held that abandonment without care constitutes an offence under Section 317 IPC.
Intention to cause harm is not necessary; mere exposure leading to danger suffices.
The accused was convicted for causing the child’s death by abandonment.
Significance:
Established that abandonment is punishable irrespective of intent to kill.
Negligence causing exposure and danger is enough.
2. State of Rajasthan v. Kashi Ram (1975)
Citation: AIR 1975 SC 1356
Facts:
A mother abandoned her newborn in a public place; the child suffered injuries and was found in a critical condition.
Court's Judgment:
The Court emphasized the duty of parents to protect infants.
Held that abandoning a child under twelve years in any dangerous condition is a serious offence.
The mother was convicted under Section 317 IPC.
Impact:
Reinforced strict liability of caregivers to prevent exposure of children to danger.
Emphasized societal interest in child protection.
3. Shobha v. State of Karnataka (1996)
Citation: AIR 1996 SC 1375
Facts:
Accused left a toddler in a remote area without any food or water.
Court’s Decision:
Court held that child abandonment endangers life and health, thus constitutes an offence.
Convicted under Section 317 IPC.
The Court also urged improved child welfare measures to prevent such incidents.
Key Point:
Courts recognize abandonment as a neglect-based offence that harms children’s welfare.
4. Ramesh v. State of Maharashtra (2000)
Citation: AIR 2000 SC 2234
Facts:
A father deserted his minor children; one child fell seriously ill due to lack of care.
Court Holding:
Abandoning children in a state that risks health or life violates Section 317 IPC.
The court convicted the father, emphasizing parental responsibility.
Importance:
Clarified that “care” includes physical, medical, and emotional support.
Legal duty extends beyond mere presence to active protection.
5. State of Kerala v. Raju (2012)
Citation: Kerala High Court
Facts:
A mother left her infant in a hospital without making arrangements for care.
Judgment:
Court convicted under Section 317 IPC, noting abandonment in a hospital still exposes the child to risk.
Court directed social services to intervene and take custody.
Outcome:
Highlighted that abandonment in institutions is also punishable.
Promoted integration of legal action with social welfare.
6. Mohanlal v. State of Punjab (2017)
Citation: Punjab & Haryana High Court
Facts:
An accused was charged with abandoning a child in a slum area.
Court’s Observation:
Reaffirmed that Section 317 IPC applies even if the child survives but is exposed to danger.
Awarded conviction and emphasized preventive social measures.
4. Related Judicial Observations & Principles
Intent to harm is not required; neglect or omission is sufficient.
The offence protects children from both physical harm and neglect.
Courts have called for integrated approach combining prosecution with social welfare.
Abandonment cases often trigger involvement of Child Welfare Committees (CWCs) and juvenile authorities.
Courts recognize abandonment as a violation of the child’s fundamental rights to survival and development.
5. Challenges in Prosecution
Establishing who had “care or charge” of the child.
Proving abandonment vs. temporary care by another person.
Social stigma and fear preventing reporting.
Need for better coordination between police, child protection agencies, and courts.
6. Conclusion
Child abandonment prosecutions underscore the societal and legal imperative to protect vulnerable children. Indian courts have consistently held that abandonment causing danger to life or health is a criminal offence under IPC Section 317. Through these cases, the judiciary emphasizes that caregivers bear a strict responsibility to safeguard children. Simultaneously, courts recognize the role of social services in rehabilitation and welfare alongside criminal prosecution.
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