Unborn Child Recognized as 'Person' for Compensation: Landmark High Court Ruling

The Allahabad High Court has ruled that an unborn child beyond five months of gestation is a 'person' in legal terms, warranting separate compensation if it dies in an accident. This decision came after the family of a deceased pregnant woman appealed against a tribunal's initial ruling that denied relief for the unborn child.

In a landmark decision, the Allahabad High Court has ruled that an unborn child beyond five months' gestation qualifies as a person entitled to legal compensation. Justice Prashant Kumar made this pronouncement while overturning a Railway Claims Tribunal's previous decision which had excluded the unborn child from compensation claims.

The case involved a tragic accident on September 2, 2018, where a pregnant woman, Bhanmati, died after falling while boarding a train at Barabanki railway station. She was eight to nine months pregnant, and the unborn child did not survive the incident. The tribunal had initially awarded compensation solely for Bhanmati's death.

In its judgment, the court emphasized that a foetus in advanced stages of development should be treated as a separate life form. It directed the relevant authorities under the Railways Act to extend compensation to the unborn child, heralding a significant step in recognizing the rights of unborn children in legal terms.

(With inputs from agencies.)