Table of contents |
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Introduction |
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Infanticide |
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Live Born, Stillborn and Dead Born Child |
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Feticide |
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Battered Baby Syndrome (Caffey Syndrome) |
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Sudden Infant Death Syndrome (SIDS) |
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Child Sexual Abuse |
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Examine the case through a detailed autopsy and provide answers to the following questions:
A viable child is one that is born alive and can exist independently after birth. Further questions, like live birth, survival duration, and cause of death, only come into play if the child is above the age of viability.
To establish viability, the infant should be examined using correct autopsy techniques, which include the following two methods:
Fetal Developmental Changes:
Haase's Rule:
Up to 25 cm of crown-heel length
For crown-heel lengths exceeding 25 cm
Foetal autopsy: External and internal developmental changes of viability
Measuring Crown-heel Length
A stillborn child is one who is born after 28 weeks of pregnancy but shows no signs of life at any point during or after birth.
Changes in Fetal Length and Weight at Birth and After Birth
A Rough Method of Calculating the Age of the Fetus
Haase's Rule:
For Confirmation of Age:
Bertillon's System: For age over 21 years.
A stillborn child is one that has died in the uterus before the birth process begins. At birth, it may show signs of rigor mortis, maceration, or mummification.
Foetus of different intrauterine age and developments
In civil cases, the following signs indicate a live birth:
In criminal cases, the presumption of death at birth is often confirmed by autopsy. Many jurisdictions presume that a newborn found dead was stillborn unless proven otherwise.
Overall Observations:
Ear Characteristics:
Chest Changes:
Umbilical Cord Changes:
Changes in the chest
Time since birth by changes in the umbilical cord
Indicators of live birth observed in the viscera, including the lungs, heart, and gastrointestinal tract, are as follows.
Alterations primarily result from respiration and are evidenced as follows.
This test assesses the weight of the lung in relation to the body weight. Normally, the lung-to-body weight ratio is approximately 1:30. If the lung has not undergone respiration, this ratio cannot be maintained.
In the second edition of his book "Forensic Pathology," Bernard Knight discusses the hydrostatic test, suggesting that it is an area lacking thorough research and practical application. However, I argue that salmon-pink, spongy lungs that float in water are indicative of an infant having breathed, provided there is no evidence of resuscitation or decomposition. Knight presents an example of aerated lungs floating in water in a case of suspected stillbirth without resuscitation, implying a live birth.
Principle: When air enters lung tissue during breathing, it decreases the tissue's density, allowing it to float in water. Normally, the specific gravity of lung tissue is around 1.0 before breathing, but after breathing, it changes to between 0.940 and 0.950, enabling the lungs to float.
Procedure
Dissect the fetal lungs.
Submerge both lungs in a trough of water and observe.
Lung changes due to respiration
Inference
Explanation
The flotation observed in the test for the second time is primarily due to the residual air present in the lungs. This air cannot be expelled by pressing if the child has breathed after birth.
Fallacies
False-Positive Flotation: Flotation of lung pieces may falsely occur in conditions such as:
False-Negative Sinking: Sinking of lung pieces may falsely occur in conditions such as:
Foramen Ovale. Ductus Arteriosus
Showing foetal heart and blood flow in it
Bypass Function: The foramen ovale and ductus arteriosus act as bypass systems in fetal circulation, allowing blood to avoid the lungs, which are not yet in use.
Changes at Birth: When the baby is born and starts breathing on its own, these bypass systems are no longer needed. Gradually, in the first few days or weeks after birth, the ductus arteriosus closes, and the foramen ovale seals off. This changes the baby’s circulation to the normal pattern seen in adults.
Heart Changes Indicating Live Birth
GIT Changes Indicating Live Birth
A stillborn fetus may undergo a specific change called maceration.
Maceration refers to a condition of aseptic autolysis that occurs after the fetus has died in the womb. When examining a macerated fetus, the following characteristics are typically observed:
Timeframe: Maceration begins 5 to 7 days before expulsion, so it takes approximately 5 to 7 days to develop.
Maceration grades are determined by the outer features of the stillborn. The severity of maceration is classified into five grades:
Understanding these grades helps in estimating the relationship between maceration severity and the time interval between death and delivery.
Showing six of the measures applicable scale used in grading maceration
The death of a newborn can result from various factors. Perinatal autopsies in developed countries have identified a wide range of causes, with natural causes such as prematurity, debility, diseases, and congenital anomalies discussed elsewhere.
Time interval between death and delivery by maceration scale
Acts of Omission
These involve neglecting essential actions for an infant’s survival, including:
Failing to ligate the umbilical cord before cutting.
Not providing nourishment to the infant.
Under Section 317 of the Indian Penal Code (IPC), exposure and abandonment of a child under twelve years by a parent or caregiver is punishable by imprisonment of up to seven years, a fine, or both.
Acts of Commission
These involve deliberate actions leading to the infant’s death, such as:
Smothering the infant.
Strangulation.
Inflicting head injuries.
Prolonged Labour
In cases of prolonged labour, the fetus may die in utero due to maternal factors, including:
Contracted pelvis.
Cephalopelvic disproportion.
Precipitate Labour
In precipitate labour, the fetus dies during delivery, often in settings like a toilet or bathroom. This typically occurs in grand-multiparous women, where the three stages of labour merge into one, resulting in rapid delivery. The primary cause of infant death in such cases is usually head injury.
Cord Around the Neck
During delivery, the umbilical cord may accidentally wrap around the fetus’s neck, causing death by asphyxia. The cord acts as a ligature, similar to hanging or strangulation.
Foeticide refers to the deliberate termination of a fetus, particularly female fetuses, before birth. This practice, a severe form of violence against females, is often facilitated by sex determination clinics and has become increasingly prevalent in India. In northern India, female fetuses are frequently aborted due to the availability of prenatal sex-determination technologies like ultrasound. In contrast, in southern India, where such tests and abortions are considered costly, female infanticide—killing the newborn girl after birth—is more common. Economic factors drive these practices, as daughters are often seen as financial burdens due to high wedding and dowry costs, while sons are viewed as sources of income and security.
Advancements in prenatal sex-determination techniques, such as ultrasound, have shifted the preference from female infanticide to abortion of female fetuses. This trend is exacerbated by the growing preference for smaller families. India’s sex ratio reflects this crisis, with 93 women for every 100 men nationally, and some regions reporting ratios below 85:100. A 1995 study in Mumbai hospitals highlighted the disparity, showing 1,000 female fetuses aborted for every male fetus aborted. The sex ratio has steadily declined, from 972 females per 1,000 males in 1901 to 933 per 1,000 in 2001.
To address this issue, the Pre-natal Diagnostic Techniques (PNDT) Act of 1994 was enacted, later amended in 2002 as the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The amendment accounted for technologies allowing sex selection before conception, such as sperm processing to separate X and Y chromosomes. Key provisions of the Act include:
Offenses and Penalties under the Act include:
Despite these legal measures, female foeticide remains a significant challenge in India, with the sex ratio continuing to decline, underscoring the need for stronger enforcement and societal change.
The legal perspective on the death of a child in the mother’s womb varies significantly. While it is not classified as homicide, it can be considered culpable homicide under certain circumstances. This is because foeticide involves the death of a living child within the womb, as outlined in Section 299 of the Indian Penal Code (IPC).
In a recent ruling by the Maharashtra State Commission in the case of Kanta Mohan Lal Kotehca Vs United India Insurance Co. Ltd, it was determined that a claim for an unborn child is legally valid.
In 2003, The Tribune covered a case involving a doctor couple facing legal action after a patient died during an abortion at their nursing home. The couple was accused of violating the PNDT Act as their nursing home’s registration had been suspended. Despite this, they performed a sonography on the patient without proper registration under the MTP Act (1971).
Initially charged under Section 304A of the IPC, the couple’s charges were later upgraded to Section 304 and Section 201, with additional sub-sections from the PNDT Act. During bail proceedings, the couple's lawyer argued that the doctors could perform an abortion to save the patient’s life, even without registration under the MTP Act. The lawyer contended that Section 304 IPC was not applicable due to lack of intent to kill.
The prosecution claimed the couple failed to keep necessary documents as per the Act. The State challenged the bail granted by the Magistrate in the Sessions Court, arguing the lower court exceeded its authority. The Sessions Court cancelled the bail, stating an offence under Section 304 IPC was applicable and ordered a re-evaluation of the bail application by the Chief Judicial Magistrate.
Battered baby syndrome refers to a clinical condition typically seen in children under three years old who have experienced repeated, nonaccidental violence or injury inflicted by an adult, such as a parent, guardian, or foster caregiver. Alongside physical harm, these children may also suffer from intentional neglect, including lack of proper nutrition, care, or affection.
Victims are often unwanted children, born out of wedlock, or those whose paternity is questioned. Triggers for such abuse commonly include a child's crying that disrupts a parent's sleep, social plans, or activities like watching television. The act of battering often stems from a sudden loss of temper in such situations. Perpetrators frequently have low intelligence, a history of family conflict, chronic emotional issues, financial difficulties, or a criminal background. Many such adults were themselves victims of similar abuse during their childhood.
Injuries are typically multiple, varying in severity, and follow a recognizable pattern. Common signs include severe localized bruises on the head that do not align with minor falls, as well as bruises on the face, trunk, or limbs resembling grip marks. Injuries like torn frenum of the upper lip or damaged gums, often caused to silence cries, are also frequent. Fatal injuries may include head trauma, such as skull fractures or subdural hematoma, or abdominal injuries, like a ruptured liver or mesenteric hemorrhage. Evidence from clinical exams and X-rays may show injuries occurring at different times, indicating repeated abuse.
Battered baby syndrome should be suspected in cases where:
The type or severity of injuries does not match the provided explanation.
Injuries show varying stages of healing, suggesting multiple incidents.
There is a delay in seeking medical care despite serious injuries.
The child exhibits signs such as bone fractures, subdural hematoma, failure to thrive, soft tissue swelling, or skin bruising.
The child experiences sudden, unexplained death.
The history provided by caregivers may be deceptive regarding the circumstances of the injury or death.
A thorough external and internal examination is critical, supported by photographs, radiographs, microscopic analysis of relevant lesions, and toxicological studies.
In India, cultural reverence for children as divine gifts makes battered baby syndrome rare. However, mistreatment of young children working as domestic servants is more common.
Such cases may lead to charges of infanticide.
Sudden Infant Death Syndrome (SIDS) refers to the unexpected death of an apparently healthy infant, typically without any prior signs or symptoms that could predict such an event. Postmortem examinations reveal insufficient pathological findings to adequately explain the cause of death.
SIDS occurs at a rate of 2–3 deaths per 1,000 live births. It most commonly affects infants aged between two weeks and six months, with a slightly higher prevalence in boys than girls. The condition is more frequent among low birth weight infants, those from lower-income families, and infants whose mothers smoke or use drugs. SIDS is often linked to seasonal upper respiratory infections, with approximately half of the cases showing cold-like symptoms in the week before death.
The exact cause of SIDS remains unclear, but several potential factors are suspected:
Autopsy Findings
Autopsies often reveal minimal fluid in the trachea, sometimes mixed with blood, and small petechial hemorrhages on the surfaces of the pleura, pericardium, and thymus. Microscopic evidence of respiratory inflammation is common. Other findings include signs of brief, intense muscle activity before death, empty bladder and bowels, and occasionally, blanket fibers under the infant’s fingernails.
Medicolegal Importance
SIDS cases may lead to investigations for infanticide, as the sudden and unexplained nature of the death can raise suspicions of foul play.
Child Sexual Abuse (CSA) involves engaging dependent and developmentally immature children and adolescents in sexual activities that they do not fully comprehend, cannot consent to, or that breach social norms or family roles. It is a pervasive issue that necessitates a multidisciplinary approach for diagnosis and management, involving not only medical professionals but also social services and law enforcement agencies.
Rape of a child is a form of Child Sexual Abuse (CSA). When a parent or close relative, such as a grandparent, aunt, or uncle, commits this act, it is referred to as incest. If another child, usually older or stronger, is the perpetrator, it is called child-on-child sexual abuse.
When a child is sexually abused by a family member, particularly a parent, it can cause severe and lasting psychological trauma. Similarly, if an adult caregiver or authority figure, who is not a family member, commits the act, the impact can be comparable to that of incest.
Psychologists estimate that 40 million adults in the United States were sexually abused as children, including 15 million men (Adams 1991). Many of these abuses were perpetrated by parents, relatives, or trusted adults. The National Centre for Victims of Crime reports that 46 per cent of rapes in the United States are committed by a family member.
The effects of child rape can include: Effects of Child Rape
Children, particularly adolescents, who are raped by parents or close relatives are often referred to as 'secret survivors'. They may remain silent about the abuse due to:
Signs of such abuse are often not apparent except to trained professionals, leading to prolonged suffering in silence until the child can escape the abuser. By that time, the statute of limitations may have lapsed, and repressed memories might not be admissible as evidence, allowing the abuser to evade punishment.
In South Africa, over 67,000 cases of rape and sexual assault against children were reported in 2000. Child welfare organizations believe that the actual number of unreported cases could be up to ten times higher. A widespread belief in South Africa is that sexual intercourse with a virgin can cure a man of HIV or AIDS. The country has one of the highest rates of HIV-positive individuals globally, with one in eight South Africans infected.
Edith Kriel, a social worker in the Eastern Cape, remarked: "Child abusers are often relatives of their victims—even their fathers and providers."
Suzanne Leclerc-Madlala, an anthropology lecturer, observes that the myth of sex with a virgin as a cure for AIDS extends beyond South Africa, affecting countries like Zambia, Zimbabwe, and Nigeria, and contributing to high rates of sexual abuse against children.
Incest between fathers and daughters is more prevalent than reported globally. However, there has been a significant rise in claims of sexual abuse in recent years. In lower social classes, the erroneous belief that venereal diseases can be cured through sex with a virgin persists, making female children frequent victims.
135 docs|3 tests
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1. What is the definition of incidence in the context of newborn and infant deaths? | ![]() |
2. How can one investigate a case of death in a newborn or infant? | ![]() |
3. What factors determine whether a child is considered viable or not? | ![]() |
4. What is the medicolegal importance of determining whether a child is live-born or stillborn? | ![]() |
5. How is crown-heel length measured, and why is it significant in assessing newborns? | ![]() |