Indian in landmark foeticide ruling

But Purvi Patel is not cleared of criminal responsibility

New York, July 24: An Indian-origin woman’s 2015 foeticide conviction has been overturned by a US court in connection with her botched, selfinduced abortion, with legal experts suggesting the landmark verdict could play a crucial role in future cases of abortions and foeticide.

The Indiana Court of Appeals on Friday overturned the 20-year prison sentence of Purvi Patel, the Northern Indiana woman. In a 3-0 ruling, the judges said that the state foeticide statute was not intended to apply to abortions, a report in Indianapolis Star said. It cited legal experts as saying that — barring a successful appeal — the decision should give Indiana prosecutors pause before bringing similar charges against pregnant women in the future.

The report said in its decision, the court relied heavily on how prosecutors have applied the foeticide law in the past, noting that this case was an “abrupt departure” from its typical cases in which a pregnant woman and her unborn child are the victims of violence. “The state’s about-face in this proceeding is unsettling, as well as untenable” under prior court precedent, Judge Terry Crone said in the ruling. The ruling, however, did not clear Patel of any criminal responsibility and upheld a lower-level felony neglect conviction against Patel for failing to provide medical care to the baby, who medical experts testified was alive and breathing after birth.

Patel was arrested when she sought treatment at a local hospital for profuse bleeding after delivering a boy in a bathroom and putting his body in a dumpster behind her family’s restaurant. Court records show she bought abortioninducing drugs from an online pharmacy. Patel, who was 32 at the time, used the drugs because she feared her family would discover she had been impregnated by a married man, according to court documents. — PTI