sition of the medical practitioner in
relation to criminal abortion more fully in a subsequent section.
Finally, it is evident that the general public as represented by some
members of juries do not regard this crime with the same seriousness as
does the law.
A heavy responsibility rests on the public in allowing the present
position to continue.
The Committee cannot but take a serious view of the repeatedly
demonstrated difficulties in securing convictions, even in the face of
apparently conclusive evidence, of persons charged with inducing
abortion, and consider that the time has arrived when careful
consideration should be given to the condition of the law relating to
such crimes and to what steps are necessary to discourage effectively
their practice. With that object in view the Committee respectfully and
earnestly directs the attention of the Government to the position that
has arisen, and the serious social, physical, and moral consequences
which are likely to follow if effective steps are not taken to enforce
the clear intention of the law.
_The Position of the Medical Practitioner in Relation to Criminal
Abortion._--The duties and responsibilities of medical practitioners
in connection with cases in which the performance of an illegal
operation is suspected or known to have occurred are of great public
importance.
Two main questions arise--(1) The duty of a doctor before the death of
a patient or in a case where a fatal result is not expected, and (2)
his duty in a case where the patient has died.
Concerning the first issue there are very conflicting opinions.
As already pointed out, it has been urged by the Police Department that
in every case where a patient is admitted to a hospital and is
suspected to be suffering from the effects of induced abortion or
attempted abortion it should be the duty of the Medical Superintendent
or Senior Medical Officer of the hospital to notify the police
forthwith, and supply all information in his possession which would
assist in establishing the identity of the offender and bringing him to
justice.
The widely accepted view of the medical profession, supported by high
legal authority, is that the bond of professional secrecy as between
doctor and patient is so important that it would be entirely wrong for
a doctor, without the patient's consent, to give information to the
police before her death.
It has been insisted that, were it to be compulsory for the
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