International Indexed & Refferred Research Journal, October 2012, ISSN 0975-3486, RNI- RAJBAL 2009/30097: VoL IV *ISSUE- 37

Research PaperLaw

Decline in Sex Ratio in India

October,2012 A B S T R A C T
Gender injustice is a global issue. Gender injustice is in existence in India because Indian society is a male dominating society. The desire for male child and the traditional custom gives a superior position to men which resulted decline in the number of female child in the society. Deficit in girl child population leads to serious demographic imbalance and adverse social consequences. However, in recent decades, the drastic decline in child sex ratio is an issue of grave concern in India. Therefore, efforts are needed to solve the issue thereby create equal regard and affection for the girl child. Otherwise, the child population will become skewed leading to a host of several social problems. Keywords: Female feticide, Miscarriage, Prenatal Diagnostic Technique, sex selection

* Chirag Banthiya

* Law Student BA.LL.B IX Semester, Shri Vaishnav Institute of Law, Indore M.P.

Introduction: Indian history and mythology have given a place of pride to women. But the male dominating society and biological superiority of men over women has made her a toy in the hand of society. She is treated as an object to fulfill the physical desire of the men. The customs like child marriage, ban on widow marriage, sati tradition, parda system etc deteriorated the position of women in society. In India, gender injustice starts from abortion of female foetus resulting in decline in sex ratio. Grounds: 1. Male Dominated Society: Boys are given more preference than girls in the society. Son is considered as "helping hand" to the father. Son is authorized by the society for cremating his parents' corpse and considered as "support system" to his aged parents. The most important reason for decline in sex ratio is that the society thinks that son will continue his hierarchy. Female being a weaker section of the society is easily being dominated by the males. 2. Biological Weakness: The Indian society thinks that the women are physically and mentally weak. The society believes that the female are best to perform only the household jobs give birth to their children and take care of their kids. 3. Offence /Crime against Women: The women are easily prone towards the crime like Rape, Dowry death, Sexual assaults, Female feticide, Miscarriage, Immoral trafficking. The male do physical harassment for dowry and abets them to commit suicide. It is a belief that women are not as powerful as men in the society is again a factor for decline in sex ratio. 4. Dowry System: Due to increase in dowry demand the girls are not

even being given births, hence resulting in female feticide so that the father does not have to give dowry. Dowry is very heinous crime and increase in dowry demands have led to decline in sex ratio. The female and their family members are being tortured and force to bring more and more dowry from her parents. 5. Parda System: A parda system is also largely doing in India. The women are not allowed to come in the society and not enjoy the public life even not allowed to be seeing by the head of the house and men. 6. Illiteracy: Parents give preference to the education; nutrition and taking care of male child with ancient mythology that he will be the stick of old age. Due to this reason Female literacy rate is still very low in India. 7. Misuse of Technique: The reason for misuse of technique is to provide preference to sons than the daughter and sex selective abortion. The old belief is that the son is old age security and daughter is other assets. Important Legislative Measures for Protection of girl child: 1. Constitution of India, 1950: The Constitution of India provides equality to women. The principle of gender equality is given in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. Article 14 of the Constitution of India provides equality before law. Article 15 prohibits discrimination on the grounds of sex. 2. Indian Penal Code, 1860: Sections 312 to 318 deal about punishment for causing miscarriage. 3. The Medical Termination of Pregnancy Act, 1971: The Act safeguards women from unnecessary and compulsory abortions.

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RESEARCH ANALYSIS AND EVALUATION

International Indexed & Refferred Research Journal, October 2012, ISSN 0975-3486, RNI- RAJBAL 2009/30097: VoL IV *ISSUE- 37

4. The Prenatal Diagnostic Technique (Regulation and Prevention of Measure) Act, 1994: This Act prohibits diagnosing of pregnant women and also identification of child in the womb whether it is male or female. Other Measures 1. Beti Bachao Andolan 2.Ladli Lakshmi Yojana 3.Sarva Shiksha Abhiyan 4.Hum Dau Hamare Dau Suggestions: 1. The availability of reliable and affordable old age pensions and social security to parents which will reduce the dependency on son. 2. Every state to modify and strictly follow the two child norms.

3. The society has to educate the girl that she know the rights how to remove the crime against sex selection. 4. The parents must be educated specially to give compulsory education to daughters. 5. The institutions must provide privileges like schol arships, economical tuition fee and study material to girls. Conclusion: The decline of sex ratio attributed among reasons to preference male child in many states of the country and some sections of the society and used sex selective pre natal feticides. Measures are to be implemented but are not being implemented properly because of old custom and tradition.

RESEARCH ANALYSIS AND EVALUATION

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