Isqat-i-Hamal, also known as abortion, is the termination of pregnancy before the fetus is able to survive outside the womb. It can occur spontaneously, which is called a miscarriage, or it can be induced intentionally through medical or surgical methods.
Abortion is a complex and controversial topic with legal, ethical, and moral considerations. The views on abortion vary widely in different cultures, religions, and societies. Proponents of abortion argue that it is a woman’s right to make decisions about her own body, including whether to continue or terminate a pregnancy, while opponents of abortion argue that it is the taking of innocent human life and goes against their moral or religious beliefs.
The laws regarding abortion also vary greatly in different countries and regions, ranging from highly permissive to highly restrictive. In some places, abortion is legal and widely accessible, while in others it may be heavily regulated, restricted, or even illegal. It is important to note that the legal status and availability of abortion can impact the safety and health of women seeking abortion services, as well as the social, economic, and public health implications of unplanned or unwanted pregnancies.
According to section 338 PPC
Whoever causes a woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, or providing necessary treatment to her, is said to cause isqat-i-hamal
Punishment for Isqat-i-Hamal
According to section 338-A PPC
Whoever causes isqat-i-hamal shall be liable to punishment as tazir
a) With imprisonment of either description for a term which may extend to three years, if isqat-i-hamal is caused with the consent of the woman, or
b) With imprisonment of either description for a term which may extend to ten years, if isqat-i-hamal is caused without the consent of the woman
Provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the he case may be
According to section 338-B PPC
Whoever causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, is said to cause isqat-i-janin
Punishment for Isqat-i-Janin
Whoever causes isqat-i-janin shall be liable to
- One-twentieth of the diyat if the child is born dead
- B) full diyat if the child is born alive but dies as a result of any act of the offender, and
- imprisonment of either description for a term which may extend to seven years as tazir
- Provided that, if there are more than one child in the womb of the woman, the offender shall be liable to separate diyat or tazir, as the case may be, for every such child.
Provided further that if, as a result of isqat-i-janin any hurt is caused to the woman or she dies, the offender shall be liable to the punishment provided for such hurt or death, as the case may be. For more info contact us at 0300-8500985 or click the link rb.gy/chcgan