INDIANA: The State of Indiana has decided not appeal the overturning of the conviction against Indiana woman Purvi Patel who currently serves time for aborting her six-month fetus in 2013, and disposing it of in a dumpster.
The Indian-American was found guilty of feticide in 2015, and received a 20 year prison sentence on both convictions. Indiana State Court of Appeals later overturned the conviction on July 22, and reduced the charge of neglect from a Class B felony to a Class D. A day after the deadline passed August 22, the Indiana State Attorney General's office released a statement saying it would not continue to pursue the matter as it would "not be productive". Indiana State Attorney General Greg Zoeller said, "All those confronted here with very difficult and emotional facts, including the police investigators, prosecutors, trial court and jurors, are to be commended. We believe justice has been served."
The three-panel appeals court noted that state laws regarding feticide were never meant to be used against pregnant women who induce their own abortions, but were designed to be used against those who attacked pregnant women. Patel must however, still be resentenced for wilful neglect of a minor, the maximum sentence for which is three years, and she has already served 17 months in prison.
Many pro-choice organisations and Indian American civil rights organisations, including South Asian Americans Leading Together and Chicago based Apna Ghar have filed an amicus brief in support of Patel during the appeal process. Neha Gill of Apna Ghar spoke in an interview last month and said Patel's conviction was a "concerted attack on women and women's bodies. Our systems and institutions work against women". She said it was "outrageous" that Patel was charged with both feticide and criminal neglect of a minor. "The charge of feticide would imply that the fetus was killed, but then criminal neglect of a minor implies a live baby."
Pleased with the Indiana State's decision to not appeal, the Leng Leng Chancey of National Asian Pacific American Women's Forum said, "In choosing not to appeal the decision, the state has taken a step in the right direction. Yet, we are still concerned by the court's reluctance to fully overturn the charge of neglect of a dependent against Patel, a conviction that continues to be an egregious injustice."
