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UNIVERSITY OF PETROLEUM AND ENERGY

STUDIES

FEMALE FOETICIDE

SUBMITTED BY:

Name: HARISH KUMAR

Enrolment number:R450217041

SAP ID: 500060945

Email-id: Harishkmr42000@gmail.com
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INDEX

S.NO. TITLE PAGE

NO.
1. Introduction 3-4

2. Review of existing literature 5-6

3. Conceptualization 7
4. Focus of the Problem 8
5. Research Methodology or research design 9
6. Objectives & hypotheses 10
7. Collection of data & its methodology 11

8. References/bibliography 11
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INTRODUCTION

‘Missing girls’, ‘Disappearing daughters’, ‘Female infanticide’, ‘Vulnerable daughters’,

‘Gendercide’, ‘Vanishing girls’, ‘Female foeticide’, ‘Unborn victims’, ‘Genocide’, ‘Neverborn
girls’ and ‘Sex selective abortions’ are few different terms used to describe a same phenomenon
of intentional killing of either newly born or unborn female child.

The phrase “missing women”, coined by Amartya Sen, refers to the observation that in parts of
the world the overall ratio of women to men is suspiciously low. In his widely referenced article
in the New York Review of Books, “More than 100 million women are missing” (1990) i.e. the
numbers of "missing women" in relation to the numbers that could be expected if men and
women received similar care in health, medicine, society and nutrition; are remarkably large.

Female foeticide is the process of finding out the sex of the foetus and undergoing abortion if it
is a girl. Although it is illegal, many people continue to practice it. Besides this, there are some
communities which practice female infanticide - the practice of killing the girl child once she is
born. This fact is highlighted by the findings of census 2001 which show that there are only 933
women in this country for every 1000 men. Besides this, Census (2011) data showed a
significant declining trend in the Child Sex Ratio (CSR), calculated as number of girls for every
1000 boys between age group of 0 - 6 years, with an all time low of 918 in 2011 from 976 in
1961. This decline in sex ratio means that we are not just depriving girls of human rights, we are
also depriving them of their right to live.
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This practice needs to be stopped as both girls and boys have an equal right to live. In order to do
this, it is necessary to protect their rights by prohibiting practices like dowry, female
unemployment, child marriage and caste discrimination.

What the law says about female foeticide and female infanticide:

According to certain sections of the Indian Penal Code, forced abortion, causing death of an
unborn child or intentionally preventing a child being born alive are punishable offences. Besides
this, the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, considers
engaging in sex selective abortion using pre-natal diagnostic techniques as a punishable offence.

Role of panchayat members in stopping female foeticide and female infanticide

Panchayat members should :

 give accurate information on the laws pertaining to this issue
 find out where it is being practiced in the village and investigate it immediately
 register all births and deaths under the purview of the panchayat
 raise awareness about gender sensitivity through public education programmes
 prevent female foeticide with assistance from the ANM and local mid-wife.

Unfortunately some people from noble medical profession are making it possible and few of
them justify their nefarious act by stating that preventing the birth of girl child they are stopping
the beginning of financial ruin and extreme hardship for poor Indian families or controlling the
population explosion of India. It took the intervention of the Supreme Court between the years
2000 to 2003 to make the state accountable for the implementation of the law, although Medical
Council of India already had gazette notification of 2002, called ‘The Professional Conduct,
Etiquettes and Ethics for Registered Medical Practitioners.
There is a common belief regarding the nature of men and women: "Men are ritually pure,
physically strong, and emotionally mature; women, on the other hand, are ritually pollutable,
physically weak, and lack strong willpower" apart from that patrilineal structure of society
leading to even, the educated and the elite still seem to consider their male child a status symbol.
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REVIEW OF EXISTING LITERATURE

The declining sex ratio in India is detrimental to society and country. Poverty, customs,
traditions and patriarchal set up of society is responsible for declining sex ratio. In India, girls are
not treated with care. There is discrimination in nurturing girls and boys. Parents do not worry
about the girl's health so they suffer from infections and diseases. An attempt has been made to
focus socio cultural demographic and other factors related to these problems.

It is a well-known fact that certain families in India did not like the daughters to be added to their
families. The daughters were killed immediately after her birth, by dashing their heads with force
against the stones or rocks. That system has gone but still there are examples when for the family
it is a great occasion for a son’s birth but not for a daughter’s. There was no reference to
eliminating the daughters at birth in the ancient Vedic Period. In Vedas, in case where the child
in embryo of a Brahmin woman is destroyed before the sex of the child can be ascertained, the
person causing such destruction is called Vrunaha. ‘Vrunaha’ is the greatest sinner. In the
VEDIC Age 1500-1000 BC, they were worshipped as goddesses. . In the Muslim age 1026-1756
AD their status suffered a sharp decline and in the British regime they were looked down upon as
‘slaves of slaves’.

B. R. Sharma in his Review Article on Female feticide in India: Issues & Concerns stated
that -

The bias against females in India is related to the fact that "Sons are called upon to provide the
income; they are the ones who do most of the work in the fields." In this way sons are looked to
as a type of insurance. Thus, it becomes clearer that the high value given to males decreases the
value given to females. In a patriarchal society, "preservation" of the family name in the
forthcoming generations is the main cause of concern. Also Hinduism allows only a son or male
relative to light the father's pyre.

Role of Medical Colleges and Professional bodies: Last but not the least, the role of medical
colleges and professional bodies 'such as IMA and association of radiologists, in countering this
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burning issue needs to be given due importance. This may include Sensitizing medical students
who are the doctors of tomorrow; towards the adverse sex ratio while stressing upon the ethical
issues in female feticide. Conduct regular workshops, which would greatly help to reiterate the
importance of this problem in the country. Private practitioners should also be encouraged to
participate in such programs. Organize awareness campaigns in field practice areas.

Chunkath Sheela Rani and V.B.Athreya in a weekly article on ‘Female infanticide in Tamil Nadu’ stated
that-

Female infanticide is supported by sanctions and pressures from the family. It is fueled by the
evil of the dowry system, which places demands on the girl's family. Sometimes, mothers kill
their female babies to save them from abuse and violence later in life. Birth order also is an
important factor - after two girls are born, the next girl is at high risk, according to a study from
Tamil Nadu. It is believed also that killing a girl child increases the probability of a male child
born in the family.
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CONCEPTUALIZATION

Female foeticide is aborting the female baby in the mother’s womb. Foeticide is the legacy and
contribution of the progress made by the medical science. Amniocentesis was introduced in 1975
to detect foetal abnormalities but it soon began to be used for determining the sex of the baby.
Prenatal diagnosis is testing for diseases or conditions in a fetus or embryo before a foetus or
embryo before it is born. The aim is to defect birth defects such as neural tube defects, down
syndrome, abnormalities, genetic diseases and other conditions, such as spin bifida, cleft palate,
Tay Sachs disease, sickle cell anaemia, thalassemia, cystic fibrosis, Muscular dystrophy, and
fragile X syndrome. Screening can also be used for pre-natal sex discernment. Common testing
procedures include amniocentesis, ultrasonography including nuchal translucency ultrasound,
serum marker testing, or genetic screening. In some cases, the tests are administered to determine
if the foetus will be aborted, though physicians and patients also find it useful to diagnose high-
risk pregnancies early so that delivery can be scheduled in a tertiary care hospital where the baby
can receive appropriate care . With the advent of privatization and commercialization, the use of
pre-natal diagnostic technologies is growing into a thriving business in India. This is primarily
for the purpose of sex determination selective abortion of the female foetus. The misuse of
technology simply reinforces the secondary status given to girl children in such a way that they
are culled out even before they are born . Therefore, female foeticide is the illegal practice of
killing a foetus which is determined as a female. Some medical practitioners are making high
incomes by determining prenatal sex of the child and aborting foetus on the will of the parents.
The practice is unlawful and demands strict punishment in form of fine or jail to the person
requesting abortion of the unborn girl child as well as to the practitioner who gets the sex
determined.
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FOCUS OF THE PROBLEM

a. To find out the reasons behind female foeticide and its after-effects.
b. To examine the misuse and impact of Pre-Natal Diagnostic Techniques.
c. To find out whether the Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994, has been effectively implemented.
d. To examine whether the prohibition of Sex Selective Abortion is in conflict with the
Right to Abortion.
e. To examine the role of government and non-governmental organization for effective
implementation of the Act.
f. To suggest the measures that have been required to tackle the problem of Sex Selective
Abortion.
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RESEARCH METHODOLOGY OR RESEARCH DESIGN

The method adopted by the researcher is doctrinal research. It is based on the authenticated text
books, various research articles. The researcher has also collected information from the
secondary sources such as information provided in the internet.

The current research paper studies every aspect of the issue that is present and that prevailed
from the earlier times. It also focusses on the present issues and analyses information already
available to make a critical evaluation of the same.
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OBJECTIVES AND HYPOTHESES

Objectives

Following are the research objectives of female foeticide:

a. To study the perception of parents related to female foeticide, declining sex ratio and to find
out causes and ill effects of female foeticide.

b. To examine the misuse and impact of Pre-Natal Diagnostic Techniques.

c. To find out whether the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of
Sex Selection) Act, 1994, has been effectively implemented.

d. To examine whether the prohibition of Sex Selective Abortion is in conflict with the Right to
Abortion.

e. To examine the role of government and non-governmental organization for effective

implementation of the Act.

f. To suggest the measures that have been required to tackle the problem of Sex Selective
Abortion.

Hypotheses

The implementation of the Pre Conception, Pre Natal Diagnostic Technique (PCPNDT) Act, which
was enacted to stop female foeticide and arrest the declining sex-ratio in the country, is poor in most
states, as per the 10th Common Review Mission (CRM) report. Even where committees have been
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formed, reasons such as lack of witnesses, insufficient evidence, and out-of-court settlements, were
cited as major reasons for low conviction rates, states the 10th Common Review Mission (CRM) report
of the National Health Mission (NHM).

COLLECTION OF DATA AND IT'S METHODOLOGY

The methodology used in this research for the purpose of data collection is secondary data

collection methods which include the content analysis and examining of existing data in the

form of databases, books, reports, journals, articles, newsletters, etc.

The collection of data in this research has been obtained from the following sources.

1. Books

2. Articles

3. Journals

4. Reports

REFERENCES/BIBLIOGRAPHY

a. https://www.indiatoday.in/pti-feed/story/pcpndt-act-implementation-poor-in-several-
states-govt-report-939621-2017-06-07
b. https://www.ncbi.nlm.nih.gov/pubmed/20879612
c. https://www.financialexpress.com/india-news/pcpndt-act-implementation-poor-in-
several-states-report/698888/
d.  10th Common Review Mission (CRM) report of the National Health Mission (NHM).
e. Pre-natal Diagnostic Techniques Act (PNDT) in 1994
f. The Medical Termination of Pregnancy (MTP) Act, 1971 
g. https://www.legallyindia.com/views/entry/section-498a-of-ipc-its-use-misuse-html
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h. https://www.livelaw.in/dowry-death-section-304b-ipc-not-contemplate-harassment-
minutes-hours-death-delhi-hc/
i. http://censusindia.gov.in/Census_And_You/gender_composition.aspx
j.  Census of India 2011