CHAPTER - 1

INTRODUCTION

1.1 Introduction

Female foeticide in India is the abortion of a female foetus outside of legal

methods. The natural sex ratio is assumed to be between 103 and 107 males per 100 fe-

males, and any number above it is considered suggestive of female foeticide. According to

the decennial Indian census, the sex ratio in 0 to 6 age group in India has risen from 102.4

males per 100 females in 1961, to 104.2 in 1980, to 107.5 in 2001, to 108.9 in 2011.

The child sex ratio is within the normal natural range in all eastern and

southern states of India, but significantly higher in certain western and particularly north-

western states such as Maharashtra, Haryana, Jammu and Kashmir (118, 120 and 116, as

of 2011, respectively). The western states of Maharashtra and Rajasthan 2011 census found

a child sex ratio of 113, Gujarat at 112 and Uttar Pradesh at 111.

The Indian census data indicates that the sex ratio is poor when women have

one or two children, but gets better as they have more children, which is result of sex-

selective "stopping practices" (stopping having children based on sex of those

born). The Indian census data also suggests there is a positive correlation between abnor-

mal sex ratio and better socio-economic status and literacy.

This may be connected to the dowry system in India where dowry deaths

occur when a girl is seen as a financial burden. Urban India has higher child sex ratio than

rural India according to 1991, 2001 and 2011 Census data, implying higher prevalence of

female foeticide in urban India. Similarly, child sex ratio greater than 115 boys per 100

1
girls is found in regions where the predominant majority is Hindu; furthermore "normal"

child sex ratio of 104 to 106 boys per 100 girls are found in regions where the predominant

majority is Muslim, Sikh or Christian. These data suggest that sex selection is a practice

which takes place among some educated, rich sections or a particular religion of the Indian

society.

There is an ongoing debate as to whether these high sex ratios are only

caused by female foeticide or some of the higher ratio is explained by natural causes. The

Indian government has passed Pre-Conception and Pre-Natal Diagnostic Techniques

Act (PCPNDT) in 1994 to ban and punish prenatal sex screening and female foeticide. It is

currently illegal in India to determine or disclose sex of the foetus to anyone. However,

there are concerns that PCPNDT Act has been poorly enforced by authorities.

In many Asian countries, deeply rooted traditions and a cultural preference

for male children have been major causes that have led to an increase in the practices of

female foeticide and female infanticide. The discriminatory family and property laws have

led to an increase in detrimental and unfavourable practices, which ensure the birth of the

male child. These practices include sex selective abortions but also the post-natal killing

and neglect of the girl children. In the present existence, because of the deliberate elimina-

tion of girls, more than 160 million women are missing on the Asian continent. In India,

where the gender ratio is imbalanced, the distorted masculinization of the society has led

to an increase in the discriminatory treatment against girls and prevalence of various forms

of violence and criminal acts against them. The United Nations recently declared that India

is one of the world’s most dangerous places for the girls. Until the age of five years,

2
according to the new UN study, their mortality rate is 75 percent higher than that of the

boys. In addition, for 100 new-born girls, about 112 boys are born, whereas nature usually

dictates a ratio of 105 boys to 100 girls (India’s Missing Daughters, 2018).

These alarming trends that are prevailing within the country, related to these

acts have augmented the viewpoint among the individuals that, boys are more important

and worthwhile as compared to girl children. The individuals usually take into account

number of factors, which have enabled them to give preference to male children. These are,

the sons contribute in augmenting the name of the family, earn money to enhance their

status and overall living conditions, take care of parents in their old age, and perform fu-

neral rites. On the other hand, the girls have a marginal, social and economic position (In-

dia’s Missing Daughters, 2018). It is comprehensively believed that they will eventually

get married and go to marital homes. In their marital homes, they will be vested with num-

ber of job duties and responsibilities, which will enable them to pay attention and look after

the needs and requirements of their family members in marital homes. Hence, when they

will perform their job duties in marital homes, they will not be able to pay attention towards

their family members in natal homes. Due to this reason, the birth of the girl children is not

appreciated.

Women in some cases, experience pressure from their family members to

give birth to male children. When they give birth to girls, they need to experience various

forms of violent and criminal acts and mistreatment. Furthermore, they fear that their

daughters will be mistreated and neglected by the family. Therefore, these are also regarded

as major causes for leading to an increase in the practices of female foeticide and female

3
infanticide. This point puts emphasis upon the fact that women in some cases give prefer-

ence and appreciate the birth of the girl children, but when their families form unconstruc-

tive viewpoints, they get compelled to carry out the practices of female foeticide and female

infanticide (India’s Missing Daughters, 2018).

Female foeticide is the abortion of the girl foetus in the womb, before its

complete growth. Female foeticide is referred to the most heinous criminal act. In India,

the individuals in some communities regard the birth of the girl child as degrading and

appreciate the birth of the male children. The individuals usually, belonging to deprived,

marginalized and underprivileged sections of the society aim to enhance their living con-

ditions. They form the viewpoint that when they will have male children within the homes,

they will send them to schools and provide good-quality education to them. When they will

acquire good education, they will get engaged in employment opportunities, which will

help in augmenting the status of their families. The individuals prefer small families. As

when there will be lesser number of children within the families, the parents will be able to

contribute effectively in leading to their well-being. Hence, they prefer male children.

Female infanticide is a crime, which deprives the girl children of the basic

right, which is the right to live. In simple terms, it is the deliberate attempt to kill the new-

born female children within the time period of one year from their birth. It is a century old

phenomenon, which has become prevalent within the country. The major causes, which has

led to an increase in this practice are the conditions of poverty, illiteracy, child marriage,

dowry system, births to unmarried women, female genital mutilation, deprivation, maternal

illness, sex-selective abortion and so forth. Due to these practices, the individuals form the

4
viewpoint that birth of the girl children will further augment their problems, therefore, they

get engaged in the practices of female infanticide and female foeticide (Female Infanticide

in India, 2018). Sex ratio denotes the ratio of females to males in a specific region. Many

practices like female foeticide and female infanticide have had contrary influences on the

sex ratio.

In India, there are communities, which are insecure for the girls. The girls

are not safe and this is mostly in the cases of families residing in the conditions of poverty

and backwardness. Research has indicated that girls, belonging to poverty stricken, de-

prived and under-privileged sections of the society aspire to acquire good education, get

engaged in employment opportunities and enhance their career prospects. But scarcity of

resources, lack of support and assistance from family members and the prevalence of neg-

ative and unconstructive viewpoints and perspectives in terms of girl children are regarded

as major barriers within the course of up-gradation of their status. Hence, there is a need to

formulate measures, which are dedicated towards leading to up-gradation of the status of

girls and bringing about transformations among individuals that girls can also contribute

well in promoting goodwill of their families and communities. This task is not just per-

formed by the male members of the family. Therefore, it is vital for individuals, belonging

to various communities to encourage the birth of girl children. Furthermore, there is a need

to formulate measures and programs to generate awareness among individuals that birth of

girls should be encouraged and revered.

Women who constitute half a human population have been discriminated,

harassed and exploited irrespective of the country to which they belong, unmindful of the

5
religion which they profess and oblivious of the timeframe in which they live. Everywhere

women are confronted with many challenges. Female foeticide is perhaps one of the worst

forms of violence against women where a woman is denied her most basic and fundamental

right i.e. “the right to life”. The phenomenon of female foeticide in India is not new, where

female foetuses are selectively eliminated after pre-natal sex determination, thus eliminat-

ing girl child even before they are born. As a result of selective abortion, between 35 and

40 million girls and women are missing from the Indian population. In some parts of the

country, the sex ratio of girls to boys has dropped to less than 800:1000.

The United Nations has expressed serious concern about the situation. The

long standing tradition of son preference, coupled with medical technology now gives to

the status conscious Indian families, the choice between payment of large dowry for their

daughters or elimination of daughters. The traditional method of getting rid of the unwanted

girl child was female infanticide, where the female baby was done away with after birth in

various ways either by poisoning the baby or letting her choke on husk or simply by crush-

ing her skull under a charpoy. With the advancement of medical technology sophisticated

techniques can now be used or rather misused, to get rid of her before birth. Through ultra-

sound scans and amniocentesis, the sex of the foetus can be determined during the preg-

nancy of the woman and then the foetus is aborted if found to be female. In Indian society,

female foeticide has emerged as a burning social problem during the last few years. The

girl child in India is treated right from her birth as an additional burden an extra mouth to

feed, a liability and another man’s property.

6
 Female foeticide is aborting the female baby in the mothers 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 de-

termining the sex of the baby. Ultrasound scanning, being a non-invasive technique,

quickly gained popularity and is now available in some of the most remote rural areas.

Technique is now being used for sex determination with the intention Of abortion if the

foetus turns out to be female.

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. Compared to infanticide, foeticide is probably

a more acceptable means of disposing off the unwanted girl children. Infanticide can be-

Compare an overtly barbaric and inhuman practice while foeticide that is carried out by

skilled professionals is a medical practice that uses scientific techniques and skills and re-

duces the guilt factor associated with the entire exercise.

The census 2001 and the recent news reports data indicate a grim demo-

graphic picture of declining female to male ratios. According to UN norms, male-female

ratio in the world is usually 1050 females for 1000 males. But in India, this ratio is dropping

down to nearly 850 per thousand. In Human Development Survey Report also, India is

placed in 124th position among 173 countries. It is a fact that our country is much behind

compared to other countries in respect of education, health and gender discrimination.

7
 Rajasthan India’s largest state have worst situation in female foeticide issue.

Women in Rajasthan deprived of proper medical aid and sex determination cases are re-

ported day by day in Rajasthan.

Female Foeticide is a violation of an unborn child. It also has implication on

the health of the mother. At the wider level, it affects status of women and has serious

ecological and demographical ramification. It is a grave problem that affects the life and

health of society. And yet the problem of female foeticide has received little attention.

In 1980s when amniocentesis, ultrasound sonography techniques introduced

till 2011census child sex ratio fall flat. Surprisingly overall sex ratio headway from

934:1000 (1981) to 940:1000 (2011). On the other hand child sex ratio (0-6years) terribly

descends from 962:1000 (1981) to 914:1000 (2011). Dreadful figures

In a “normal world,” the female population equals or slightly surpasses the

number of males. Except in India, that is, where the situation is just the opposite, where the

gender ratio or the number of females to males is known to be among the most imbalanced

in the world especially among the people representing higher economic order. 35 million

fewer females than males were registered in India over this particular decade. The census

also revealed that the phenomenon has reached high proportions in states which had no

prior history or practice of female infanticide, or where forms of discrimination against

girls were not strongly evident earlier.

Among economically rich communities amniocentesis and other diagnostic

techniques are viewed as important ways of arriving at a ‘balanced family’, which in turn,

has reduced the birth rate and controlled population growth in such communities. If an

8
equal representation of a male and a female child for an economically well of couple can

be considered as constituting a ‘balanced family’, the presence of only male children should

not be considered as ‘balanced family’. A considerable percentage of parents in rich com-

munities still argue that female foeticide is a powerful method of lowering the birth rate

without coercion. But” is not female foeticide coercion?”

Female foeticide is a unique form of violence against women. The word

“abortion” has meaning “Offensive” and truly, the practice made to take away the whole-

ness of a woman is an offense which resorts to taking away the life of her own unborn child.

Millennium development goals highlight the priority accorded to gender

equality in economically well of communities and women’s right as core issues of devel-

opment. However, in northern India social group with strong patriarchal norms and high

degree of son preference predominantly represent higher economic ladder. For instance,

the natural biological laws of human reproduction of mankind for balancing its natural sex

ratio, has been distorted by man-made norms, customs, traditions, religious beliefs and

more recently by sophisticated medical technology to result lower sex ratio in India . The

reason of ‘son-mania’ appears to be the socio-cultural, economic and political ones.

Female foeticide is the procedure of determining the gender of a foetus and

aborting it if it is a girl. Despite the fact that it is illegal, many people continue to do so.

Aside from that, certain societies practise female infanticide, which is the death of a girl

child after she is born. Census 2001 statistics suggest that there are only 933 women for

every 1000 men in the country, highlighting this reality.

9
 Furthermore, Census (2011) data revealed a dramatic decline in the Child

Sex Ratio (CSR), which is computed as the number of girls for every 1000 boys between

the ages of 0 and 6, with an all-time low of 918 in 2011 compared to 976 in 1961. This drop

in the sex ratio means that we are depriving girls of more than just their human rights; we

are also depriving them of their autonomy.

This practise must be ended because both girls and boys have an equal right

to life. To accomplish so, it is vital to safeguard their rights by forbidding dowry, female

unemployment, underage marriage, and caste discrimination.

Female foeticide is an abortion process in which a female foetus is removed

from the mother's womb before birth, following sex recognition tests such as an ultrasound

scan. In India, female foeticide and even sex recognition tests are prohibited. It is a source

of shame for parents who are desperate for a son, as well as doctors who perform abortions

specifically for this reason.

Sex ratio denotes the ratio of females to males in a specific region. Many

practices like female foeticide and female infanticide (killing a baby girl after her birth)

have had a contrary influence on the sex ratio. Thus it rises and promotes many social evils.

As per the decennial Indian census, Sex Ratio of India is 107.48. It means

107.48 males per 100 females in 2019. Therefore India has 930 females per 1000 males.

So, India has 48.20% female population compare to 51.80% male population.

Female foeticide refers to a practice which removes the female fetus after

18 weeks of growth in the uterus. This practice happens due to the child’s sex being female.

10
In other words, it is a very regressive and shameful practice which still takes place in many

parts of the world.

Moreover, this practice just goes to show the importance of women in soci-

ety. People do not consider girls to be equal and only inferior to boys, which is why they

kill a girl before being born. Furthermore, there are various causes of this practice which

needs to be identified and resolved.

A pregnant woman sits alone with her thoughts inside the cold, empty hos-

pital consultation room in India. She simply wants to make sure her baby is okay, but in

the back of her mind, she knows there is a lot riding on whether the baby is a boy or girl.

She knows it is illegal to ask the doctor to disclose information about the sex of her baby,

but is desperate to please her husband and in-laws with the news of a son. In the United

States, finding out the sex of a baby is simply another regular milestone that parents un-

dergo during pregnancy. Normally, the moment is filled with excitement and love, but that

is not the case for women in India.

A poll by the Thomson Reuters Foundation found that India is ranked the

most unsafe country for women. Their culture of perpetuating female inferiority and sub-

ordination contributes to a vicious cycle of mass sex-selective abortions and female feti-

cide, which has exacerbated crimes against women. Sex-selective abortions, also known as

female feticides, occur when female fetuses are aborted due to a cultural preference for

sons. In India, the cause for female feticide is the overwhelming belief that women have

less societal value than men. A lack of education among women, insufficient female lead-

ership, and negative perceptions of women as “economic burdens” contribute to this view.

11
 Female foeticide is a curse in today’s India, especially in rural areas. The

frequency of female foeticide in India is increasing day by day.

Why people hate girl child? The irony is even elderly women hate girl child.

They do not realize one thing, that they too were born as a girl child and became women as

they get aged. But totally forget everything and straightaway hate girl children.

Female foeticide is a symptom of an underlying malady. Its incidence is

increasing as families perceive that bearing daughters does not make economic sense and

does not provide any social advantages. Added to that is generations of bias that favours

bearing a male child.

This is evident from the declining sex ratio which has dropped to alarming

levels, especially in the northern states according to Census 2001 reports. The proliferation

and abuse of advanced technologies coupled with social factors contributing to the low

status of women such as dowry, concerns with family name and looking up to the son as a

breadwinner has made the evil practice of female foeticide to become common in the mid-

dle and higher socioeconomic households, especially in the northern states, followed by

some southern states in recent times.

Despite the existence of the Prenatal Diagnostic Techniques Act, there is a

dire need to strengthen this law since the number of convictions is despairingly low as

compared to the burden posed by this crime.

The preference for a son continues to be a prevalent norm in the traditional

Indian household. Parents also give too much importance to a boy child, groom him by

12
giving all attention, all facilities thinking that they would take care of them when they get

aged. Now the reality is most of such boys once they attain manhood and when they settled

in life with lots of wealth and other facilities totally forget their parents and go away with

their wive and kids to lead an independent life.

Ancient Indian Vedic texts gave importance to the worship of goddesses. A

woman was referred to as “saamraajini”, the queen or mistress of the home, who was to

have an equal share in the performance of religious rites. Manu, the law giver said, “The

gods are satisfied wherever women are honoured, but where they are not respected, rites

and prayers are ineffectual” (Manusmriti 3.62).

Even today one can witness and see a number of temples specifically built

only for women deities. In Tamil Nadu those temples are called ‘amman’ temples, in Tel-

ugu belt, those temples are called ‘ammavaru’ temples, in Kerala such women specific

temples are called ‘bagawathi’ temples and so on and so forth in different states all over

India.

There are also specific Women Deity Hindu festivals like Navaratri, which

is celebrated a whole 9 days and 9 nights. Everyone knows about the world famous Navratri

Festival of Mysuru, India.

But when it comes to bearing a child, everyone wants and prays and some

do specific homa (Homa is a Sanskrit word that refers to a ritual, wherein an oblation or

any religious offering is made into the fire.) too that only boy child should be given birth.

I do not understand the dirty logic behind this expectation.

13
 The bias against females in India is grounded in cultural, economic and re-

ligious roots. Sons are expected to work in the fields, provide greater income and look after

parents in old age. In this way, sons are looked upon as a type of insurance. In addition, in

a patriarchal society, sons are responsible for the “preservation” of the family name. Also,

as per Hindu belief, lighting the funeral pyre by a son is considered necessary for the sal-

vation of the spirit. This strong preference for sons which results in a life-endangering dep-

rivation of daughters.

Another important evil practice, which is very much prevalent even today

in many parts of India is that giving dowry to a groom from girl’s side is the biggest prob-

lem for poor families and also it is an idiotic practice. As a result, daughters are considered

to be an economic liability. The dowry system is more rigid in the northern states of India,

and now slowly spread across even in some South Indian cities, town and villages. Women

have little control over economic resources and the best way for a young Indian bride to

gain domestic power mainly comes from their ability to produce children, in particular,

sons. Most often in south Indian communities, marriages are not exogamous (but often

consanguineous), and married daughters usually stay close socially and geographically to

their original family.

In some families, if a woman after marriage did not give birth to a boy child,

either she would be tortured or sent out of home to her parent’s place. And in some in-

stances, she got killed too for not giving birth to a boy child. And the parents of the boy

forces him to marry again, thinking that the new daughter-in-law might give birth to a boy

child. What idiotic thinking?

14
 CHAPTER - 2

HISTORICAL BACKGROUND OF THE FEMALE FOETICIDE

2.1 Origin of the Female Foeticide

“A is never fit for independence and requires male protection in the form of

father, husband and son, respectively throughout her life.” – Manu

This is a big irony of woman. A woman who gives protection to a man for

nine months in her womb, that same man thinks she is not able to protect herself. Likewise

a Rajput ruler once gave reason to an Englishman for the low sex-ratio in his kingdom that

“Sookh Jataye Hain.” On the one hand they worshipped Ma Kali for power and on the other

hand, they portrayed her as weak, fragile, dependent creature . History itself gives examples

how much a man can protect dignity of her wife. Draupadi had five husbands and she was

insulted in front of them by Kauravas and this scene was witnessed by thousands of man

living in Hastinapur at that time. Many of them were related to her in one way or the other.

Who saved her dignity? I don’t know then what kind of protection man talk about.

Vedas

As all of us know that Vedas are the prime source of knowledge but even

they are bias towards female. It is evident from the many anti-female verses written in

Vedas. For example- Birth of a girl child is considered as the most easiest way of ruining

one’s finances.

15
The Rajput Period

Rajput Race which was known for their pride, self-respect, bravery and

many other qualities is also famous till date for one more thing – that is to kill brutally their

own baby girls after birth. They justified their act by saying that they love their honour and

live by pride and only boys could save their pride. Female killing was in its most crudest

form. How could they forget the sacrifices made by the daughter of their own race for the

sake of saving honour of their family like Rani Padmini who burnt herself alive but didn’t

allow the then ruling mughal king who defeated her husband to touch her. History cries

how Jodha Bai, a hindu princess get married to Akbar, a Muslim ruler in order to save his

father’s honour and his kingdom. I salute to the sacrifices made by these great women but

their own race failed to appreciate that.

The Mughal Period

In mughal period if one daughter was born, then on the birth of second

daughter, it was natural to kill the second daughter.

The British Period

The British rulers tried their level best to save girl child. Even they passed

Female Infanticide Act, in March 1870. Despite of all their efforts, they were not able to

curb this menace because it was always hard to change the mental attitude of people and

besides that, they had other more important ambitions to fulfill.

It is believed that practice of female foeticide started getting pace in the

decade 1970. At that time, the population of our country was rising at a rapid pace, coupled

16
with an increasing desire to have a male child in the family. In the aspiration of a male

child, the couples were giving birth to many other children.

At that time, a suitable alternative that appeared to all the people was to

determine the sex of the child in the mother’s womb. If it was related to a female girl child,

it was aborted. In the 1980s, ultrasound technology gained popularity, and there was an

alarming rise in the cases of female foeticide.

During the 1970s it was widely accepted that the root to many major social

and economic issues India was facing at the time, was due to its growing population. How-

ever, the preference for a male child was predominant in the Indian families and the com-

mon practice then was of producing multiple children until a male child was born in the

family. This practice was seen as a major threat and the cause for the rapidly increasing

population. Aborting female foetuses was viewed as a viable solution to this problem by

the government hospitals. The equipment and procedures at the time being complicated and

not risk-free, there were not many cases of female foeticide. However, by the late-1980s

and the early 1990s, ultrasound techniques gained popularity throughout India and the prac-

tice of female foeticide soon spread to hospitals all over India.

This process began in the early 1990s when ultrasound techniques gained

widespread use in India. There was tendency for families to continuously produce children

until a male child was born. This was primarily due to the large sexist culture that exists in

India against women. This is reflected by literacy rates among women as well as economic

participation, which are both particularly low in states where female foeticide is prominent

and an unequal population ratio exists alongside. The government initially supported the

17
practice to control population growth. The Preconception and Prenatal Diagnostic Tech-

niques (PCPNDT) Act was passed in 1994, making sex-selective abortion illegal. It was

then amended in 2003 holding medical professionals legally responsible. However, the

PCPNDT Act has been poorly enforced by authorities.

Female foeticide and infanticide are not unique to India -- they are prevalent

almost globally. They were practised in ancient Greece and were prevalent among certain

Arabian tribes until recently. The Yanomani Indians of Brazil still practise it.

In India, female infanticide is often attributed to poverty, but the rich, too,

practise it. And, bans on sex determination tests and female foeticide have been rendered

futile (See box).

The explanation for this form of sex discrimination, as Marilyn French, the American fem-

inist and author of Beyond Power: On Women, Men and Morals, puts it, has to be sought

in the dominion, power and control of men over women, in continuation of a world view

that holds that humans have to replenish the earth as well as subdue it. Human is equated

with man -- not woman.

The ancient Greeks had strange ways of determining the sex of the unborn

child. Philosopher Parmenides (c 520 BC) believed both men and women produced semen

and the sex of the child depended on which side of the testicle and uterus the semen came

from. Empedocles (c 450 BC) thought sex was determined by the location of conception in

the womb.

The Hippocratic text, On Regimen, held that a hot diet produced boys and a

cool one girls. It said, "...if a man would beget a girl, he must use a regimen inclining to

18
water. If he wants a boy, he must live according to a regimen inclining to fire. And, not

only must a man do this, but also the woman." It was also generally believed that males

were positioned on the right side of the womb and females on the left.

For the ancient Greeks, nascent life had only limited rights. But the decision

to abort was solely the male's -- be it husband or father of an unmarried girl. After birth,

"exposing" (abandoning in the open) unwanted infants was a popular way of killing them

and even in such instances, the decision was entirely the father's.

There has been some debate on the extent of female infanticide practised in

ancient Greece. One argument contends prostitutes abounded because female infanticide

created an adverse sex ratio. But scholars like Louis R F Germain point out there is little

hard data to back such claims.

French argues that despite some evidence of Greek women's matricentric

past, Athenian women were completely subjugated by men in the Classical age. Adult male

longevity in Greece was 45 years, but for women it was 36.2, probably resulting from poor

diet and being forced to bear children at an early age. In 5 BC, women who bore boys were

given twice the rations than those who had borne girls.

Additionally, cultural values exalted men and demeaned women: under Athenian law, a

man's legal acts could be invalidated if he was influenced by a woman. For legal existence,

a family required at least one male descendant because a family was considered to be made

up of only males and certain rituals could be performed only by men.

Women even aristocratic ones were expected to work hard: spinning, weav-

ing, doing the laundry, making beds and preparing and serving food. In later ages, women

19
were completely responsible for running the household which was essentially a small fac-

tory supervising production, slaves and children. Plato, in The Laws, complains, "We hud-

dle all our goods together within four walls, and then hand over the dispensing of them to

the women."

But, says French, it was the women of the propertied classes who were reg-

ulated -- in general, the women attached to the men with the most rights had the least rights.

Propertied Athenian women had economic security; their dowries were their own in law, if

not to use. If a woman left her husband, he had to return her property or pay interest on it;

if she remained with him, he had to support her.

The state guaranteed her the right to life, if not liberty; her husband or father

could not kill her with impunity, except in infancy. Nevertheless, "citizen" women as dis-

tinguished from slaves and prostitutes were perpetually under the guardianship of a man

father, uncle, husband, or even son.

It is almost impossible to know how the Greek women themselves felt about

their lives. Silenced by lack of education and with no right to appear or speak in public,

oppressed and married as children, they are silent for eternity. With the high social premium

attached to males, it is likely female infanticide was rampant in Greece.

In ancient Rome, too, male will was supreme and more girls than boys were

subjected to exposure. In an otherwise unremarkable letter written in Egypt under Roman

rule, Hilarion instructed his wife Alis, "If, as may well happen, you may give birth to a

child, if it is a girl, expose it. "Estimates that 10 to 20 per cent of Roman baby girls were

exposed are debatable, given the lack of supportive evidence.

20
 But exposure of girls was a clear demonstration of the power of a Roman

father and was just one link in the chain of sexual exploitation of women.

In pre-communist China, female infanticide was rather common. Journalist

Jack Belden, in his book China Shakes the World, wrote that proverbs equated women to

wheel barrows. One proverb went, "It is necessary to beat the iron rim on the wheel to keep

it in shape. So with a woman." The women said about themselves, "If a woman is angry,

her husband beats her; when he is angry, he also beats her."

In many Asian countries, deeply rooted traditions and a cultural preference

for male children have been major causes that have led to an increase in the practices of

female foeticide and female infanticide. The discriminatory family and property laws have

led to an increase in detrimental and unfavourable practices, which ensure the birth of the

male child. These practices include sex selective abortions but also the post-natal killing

and neglect of the girl children. In the present existence, because of the deliberate elimina-

tion of girls, more than 160 million women are missing on the Asian continent.

In India, where the gender ratio is imbalanced, the distorted masculinization

of the society has led to an increase in the discriminatory treatment against girls and prev-

alence of various forms of violence and criminal acts against them. The United Nations

recently declared that India is one of the world’s most dangerous places for the girls. Until

the age of five years, according to the new UN study, their mortality rate is 75 percent

higher than that of the boys. In addition, for 100 new-born girls, about 112 boys are born,

whereas nature usually dictates a ratio of 105 boys to 100 girls (India’s Missing Daughters,

2018).

21
 These alarming trends that are prevailing within the country, related to these

acts have augmented the viewpoint among the individuals that, boys are more important

and worthwhile as compared to girl children. The individuals usually take into account

number of factors, which have enabled them to give preference to male children. These are,

the sons contribute in augmenting the name of the family, earn money to enhance their

status and overall living conditions, take care of parents in their old age, and perform fu-

neral rites. On the other hand, the girls have a marginal, social and economic position (In-

dia’s Missing Daughters, 2018). It is comprehensively believed that they will eventually

get married and go to marital homes. In their marital homes, they will be vested with num-

ber of job duties and responsibilities, which will enable them to pay attention and look after

the needs and requirements of their family members in marital homes. Hence, when they

will perform their job duties in marital homes, they will not be able to pay attention towards

their family members in natal homes. Due to this reason, the birth of the girl children is not

appreciated.

Women in some cases, experience pressure from their family members to

give birth to male children. When they give birth to girls, they need to experience various

forms of violent and criminal acts and mistreatment. Furthermore, they fear that their

daughters will be mistreated and neglected by the family. Therefore, these are also regarded

as major causes for leading to an increase in the practices of female foeticide and female

infanticide. This point puts emphasis upon the fact that women in some cases give prefer-

ence and appreciate the birth of the girl children, but when their families form unconstruc-

tive viewpoints, they get compelled to carry out the practices of female foeticide and female

infanticide (India’s Missing Daughters, 2018).

22
 Female foeticide is the abortion of the girl foetus in the womb, before its

complete growth. Female foeticide is referred to the most heinous criminal act. In India,

the individuals in some communities regard the birth of the girl child as degrading and

appreciate the birth of the male children. The individuals usually, belonging to deprived,

marginalized and underprivileged sections of the society aim to enhance their living con-

ditions. They form the viewpoint that when they will have male children within the homes,

they will send them to schools and provide good-quality education to them. When they will

acquire good education, they will get engaged in employment opportunities, which will

help in augmenting the status of their families. The individuals prefer small families. As

when there will be lesser number of children within the families, the parents will be able to

contribute effectively in leading to their well-being. Hence, they prefer male children.

Female foeticide is a crime, which deprives the girl children of the basic

right, which is the right to live. In simple terms, it is the deliberate attempt to kill the new-

born female children within the time period of one year from their birth. It is a century old

phenomenon, which has become prevalent within the country. The major causes, which has

led to an increase in this practice are the conditions of poverty, illiteracy, child marriage,

dowry system, births to unmarried women, female genital mutilation, deprivation, maternal

illness, sex-selective abortion and so forth. Due to these practices, the individuals form the

viewpoint that birth of the girl children will further augment their problems, therefore, they

get engaged in the practices of female infanticide and female foeticide (Female Infanticide

in India, 2018). Sex ratio denotes the ratio of females to males in a specific region. Many

practices like female foeticide and female infanticide have had contrary influences on the

sex ratio.

23
 In India, there are communities, which are insecure for the girls. The girls

are not safe and this is mostly in the cases of families residing in the conditions of poverty

and backwardness. Research has indicated that girls, belonging to poverty stricken, de-

prived and under-privileged sections of the society aspire to acquire good education, get

engaged in employment opportunities and enhance their career prospects. But scarcity of

resources, lack of support and assistance from family members and the prevalence of neg-

ative and unconstructive viewpoints and perspectives in terms of girl children are regarded

as major barriers within the course of up-gradation of their status.

Hence, there is a need to formulate measures, which are dedicated towards

leading to up-gradation of the status of girls and bringing about transformations among

individuals that girls can also contribute well in promoting goodwill of their families and

communities. This task is not just performed by the male members of the family. Therefore,

it is vital for individuals, belonging to various communities to encourage the birth of girl

children. Furthermore, there is a need to formulate measures and programs to generate

awareness among individuals that birth of girls should be encouraged and revered.

24
 CHAPTER - 3

FEMALE FOETICIDE: A DETAIL STUDY

3.1 Female Foeticide

Abortion of female foetus is called female foeticide. This is a major social

problem in India and has cultural connections with the dowry system that is ingrained in

the Indian culture, despite the fact that it has been prohibited by law since 1961. In India,

unlike any Western culture, strong preference for sons over daughters exists. Pregnancies

are planned by resorting to differential contraception - contraception is used based on the

number of surviving sons irrespective of family size. Following conception, foetal sex is

determined by pre-natal diagnostic techniques after which female foetuses are aborted. Foe-

tal sex determination and sex- selective abortion by medical professionals has grown into

1,000 crore industry (US$244 million). Social discrimination against women and a prefer-

ence for sons have been promoted.

Since 1991, 80% of districts in India have recorded an increasingly mascu-

line sex ratio with the state of Punjab having the most masculine sex ratio. According to

the decennial Indian census, the sex ratio in the 0-6 age group in India went from 104.0

males per 100 females in 1981, to 105.8 in 1991, to 107.8 in 2001, to 109.4 in 2011. The

ratio is significantly higher in certain states such as Punjab and Haryana.

Due to female foeticide there is steep decrease in the female‘s population.

Due to which it is becoming difficult to find girls for marriage. This in turn leads to girl‘s

trafficking. According to news girls from Assam and West Bengal are kidnapped and sold

in Haryana for marriage, where the child sex ratio is least in the country. Due to diminution

25
in the female’s population our society is becoming male dominant, which is not a good

indication. As the decrease in number of women, men consider themselves more superior

and above law, which in turn results in women‘s exploitation. Female foeticide has led to

an increase in human trafficking. In 2011, 15,000 Indian women were bought and sold as

brides in areas where foeticide has led to lack of women.

The Girl Child –

1. 1 out of every 3 girls does not live to see her 15th birthday

2. One-third of these deaths take place at birth

3. Every sixth girl child’s death is due to gender discrimination

4. Females are victimised far more than males during childhood

5. 1 out of every 10 women reported some kind of child sexual abuse during child-

hood, chiefly by known persons

6. 1 out of 4 girls is sexually abused before the age of 4

7. 19% are abused between the ages of 4 and 8

8. 28% are abused between the ages of 8 and 12

9. 35% are abused between the ages of 12 and 16

10. 1 out of 6 girls will not live to see their 12th birthday

11. 3 lakh more girls than boys die every year

12. Female mortality exceeds male mortality in 224 out of 402 districts in India

13. Death rate among girls below the age of 4 years is higher than that of boys. Even if

she escapes infanticide or foeticide, a girl child is less likely to receive immuniza-

tion, nutrition or medical treatment compared to a male child

14. 53% of girls in the age group of 5 to 9 years are illiterate

26
 15. Every year 27,06,000 children under 5 years die in India. And the deaths of girl

children are higher than those of male children.

3.2 Cuases of Female Foeticides

Various theories have been proposed as possible reasons for sex-selective

abortion. Culture is favored by some researchers, while some favor disparate gender-biased

access to resources. Some demographers question whether sex-selective abortion or infan-

ticide claims are accurate, because underreporting of female births may also explain high

sex ratios. Natural reasons may also explain some of the abnormal sex ratios. Klasen and

Wink suggest India and China's high sex ratios are primarily the result of sex-selective

abortion.

However, different locations, faiths, and groups have different causes of fe-

male foeticide, however the following are the most common reasons for girls child foeti-

cide:

The Yearning

The primary and most important cause In our society, a boy is a prestige

symbol. We believe he will grow our family, earn good money, be physically and emotion-

ally healthy, and be able to better care for his parents till the end. Female foeticide is pri-

marily caused by a desire for a boy. In many circumstances, parents give birth to a large

number of girls or murder them in the pregnancy until a boy is born.

A Girl Is Unable to Carry on The Family Bloodline

The majority of people believe that girls cannot marry into their father's

family because they will have to marry into the in-law family. After her marriage, her

27
parents' family will disband, and no one will be available to care for her parents. All of this,

however, appears to be incorrect. The majority of girls adore their parents more than the

majority of boys. They are with the parents at all times.. in both happiness and grief Misuse

of Ultrasound Technology An ultrasound scanning machine can provide a wealth of infor-

mation about a foetus's early development during pregnancy. Unfortunately, many IVF

doctors use ultrasound scan technology to check the sex of the baby, which is against the

law and against nature. Many ultrasound test centres charge a lot of money only to scan

foetuses to see if they're a boy or a girl. If they discover a girl, some parents choose abortion.

This is a truly heinous crime and horrible mindset.

Girls Are in Danger (Eve Teasing)

Our civilization is also to blame for girl suffocation in the womb. When

boys find girls alone or in public areas, they tease them. They make derogatory remarks

about their attire, personalities, sexual harassment, acid throwing, and dating abuse. That

is why parents are hesitant to send their daughters outside the home, to school, colleges,

and other institutions as well as another cities.

Expenses Of Marriage

For the past 100 years, we have followed this awful tradition. From the mo-

ment she is born, her parents begin to plan her marriage. They have begun collecting items

and money for her wedding, rather than for her education and excellent living conditions.

Dowry is a significant financial burden on our society. Dowry is also a major cause of

mortality for newly married women who are subjected to constant harassment and torture

by their husbands or in-laws' families. In India, Australia, Bangladesh, Pakistan, and Iran,

28
dowry deaths have been reported. Every day, hundreds of women are slaughtered around

the world as a result of the Dowry System. To save lives and cut down on wedding costs,

we need to break this tradition.

Sexual Harassment or Raped

According to a United Nations report, 250,000 incidences of rape or at-

tempted rape were registered by the United Nations. annually by the police. Because of the

importance of family reputation in society, many females are scared to disclose this crime.

Thousands of women are raped every day around the world, with many of them being

killed. This is also the most common reason for female foeticide.

A Girl Isn't as Strong as a Boy • We believe that girls can't undertake the same jobs as boys,

such as joining the army and police, heavy-duty jobs, Catholic priests, bus and truck driv-

ing, and professional pilots. Girls, on the other hand, have now conquered the world. They

are capable of completing any work. All we need to do now is give them a chance to demon-

strate their abilities.

Discrimination Based on Gender

Until we abolish gender discrimination between boys and girls, this female

killing atrocity will continue. We must treat everyone equally and offer them with equal

rights. Not only at home, but also in public places, offices, and educational institutions, to

the girl.

Lack Of Education

In countries or regions where illiteracy, lack of education, and knowledge

are high, the female foeticide ratio is higher. Traditional anti-women beliefs and attitudes

29
are still prevalent. The majority of women are still at home and occupied with household

tasks, and we mistakenly believe that women are only for housework. She doesn't need any

schooling or work experience.

Medical Industry Corruption

The medical profession used to be a trustworthy and respected profession,

but today it is riddled with corruption at every level. Female foeticide is also on the rise as

a result of corruption. Doctors charge a lot of money to perform an ultrasound scan to de-

termine the gender of a baby and then perform an abortion. The doctor and the rest of the

medical team They must perform their duties honestly and in accordance with the law.

Aborting Female Fetuses Has Long-Term Consequences

For every action, there is an equal and opposite reaction, Newton's Third

Law of Motion reads. The consequences of female feticide holocaust are far-reaching. The

majority of parents are blinded by their desire for male children and are unaware of the

calamity they inadvertently invite by engaging in female feticide.

Unbalanced Gender Ratio

The number of girls in India is decreasing with each passing decade. From

962 and 945 girls born for every 1000 boys in 1981 and 1991, respectively, the ratio fell to

914 girls born for every 1000 boys in 2011. In China, the ratio is alarmingly high, with 100

girls for every 118 boys (or 848 girls for 1000 boys). These are just two examples of coun-

tries enslaved by abortion, but there are many more. Other countries are also dealing with

unbalanced gender ratios. More statistics from other countries can be found below.

Female/Women Trafficking:

30
 As the number of girls declines, they become rare in comparison to the in-

creasing number of males eligible for marriage. As a result, in many areas, illicit female

trafficking has become routine. Women, usually young girls who have just passed puberty,

are pushed to marry. Many young girls are kidnapped and sold to the highest bidder by

their parents. The consequences of child marriages and pregnancies are terrible. The current

and future psychological costs of an area participating in the trading of its female popula-

tion are worrying.

Increased Rape and Assault

When women are considered an endangered species, rape, assault, and vio-

lence become more common. When there are fewer available females, the survivors will

have to deal with the realities of surviving in a society that is based on male dominance. by

a surge in testosterone The legal system may provide protection, but many crimes may

remain hidden for fear of isolation, humiliation, and punishment on the part of the girl, as

is the case now.

Population Fall

Without moms (male or female) to produce children, there will be fewer

births, resulting in a population decline. While population management is a priority for

many countries, including China and India, eliminating one sex is not the best approach to

achieve this aim.

Cultural Preference

One school of scholars suggested that female foeticide can be seen through

history and cultural background. Generally, male babies were preferred because they

31
provided manual labor and success the family lineage. The selective abortion of female

fetuses is most common in areas where cultural norms value male children over female

children for a variety of social and economic reasons.[24] A son is often preferred as an

"asset" since he can earn and support the family; a daughter is a "liability" since she will

be married off to another family, and so will not contribute financially to her parents. Fe-

male foeticide then, is a continuation in a different form, of a practice of female infanti-

cide or withholding of postnatal health care for girls in certain households. Furthermore, in

some cultures sons are expected to take care of their parents in their old age. These factors

are complicated by the effect of diseases on child sex ratio, where communicable and non-

communicable diseases affect males and females differently.

Disparate Gendered Access to Resources

Some of the variation in birth sex ratios and implied female foeticide may

be due to disparate access to resources. As MacPherson (2007) notes, there can be signifi-

cant differences in gender violence and access to food, healthcare, immunizations between

male and female children. This leads to high infant and childhood mortality among girls,

which causes changes in sex ratio.

Disparate, gendered access to resources appears to be strongly linked to so-

cioeconomic status. Specifically, poorer families are sometimes forced to ration food, with

daughters typically receiving less priority than sons (Klasen and Wink 2003). However,

Klasen's 2001 study revealed that this practice is less common in the poorest families, but

rises dramatically in the slightly less poor families. Klasen and Wink's 2003 study suggests

that this is “related to greater female economic independence and fewer cultural strictures

32
among the poorest sections of the population.” In other words, the poorest families are

typically less bound by cultural expectations and norms, and women tend to have more

freedom to become family breadwinners out of necessity.

Lopez and Ruzikah (1983) found that, when given the same resources,

women tend to outlive men at all stages of life after infancy. However, globally, resources

are not always allocated equitably. Thus, some scholars argue that disparities in access to

resources such as healthcare, education, and nutrition play at least a small role in the high

sex ratios seen in some parts of the world.

Public Goods Provisions by Female Leaders (Majority Vs Minority Spillover Goods)

Minority goods provided by female leaders in India help to alleviate some

of the problems of disparate gendered access to resources for women. Public goods are de-

fined as non-excludable and non-rival, but India lacks a system of public goods and has

many problems with access to clean water or roads. Additionally, many of the "public

goods" exclude females because families choose to prioritize their male children's access

to those resources.

In India, previous research has found that women leaders' invest in public

goods that are more in line with female preferences, in particular water infrastructure,

which leads to a reduction in time spent on domestic chores by adolescent girls. This in

turn results in more time for young girls to gain an education and increases their value to

their families and to society so that they are more likely to give them access to resources in

the future. Minority groups, like women, are likely to provide minority or low spillover

goods such as transfers, rations, and water connections, which only benefit other women.

33
 The majority of men do not find any benefit from these goods and are less

likely to invest in them. For example, in a study conducted by political scientists Chatto-

padhyay and Duflo, results show that in West Bengal women complain more about water

and roads and the women politicians invest more in those issues. In Rajasthan, where

women complain more often about drinking water, women politicians invest more in water

and less in roads.

Dowry System

Even though the Dowry System legally ended with the Dowry Prohibition

Act of 1961, the impossibility of monitoring families and the prevalence of corruption have

led to its continuance all over India. A dowry is a payment from the bride's family to the

groom's family at the time of marriage. It is often found in "socially stratified, monogamous

societies that are economically complex and where women have a relatively small produc-

tive role".

Theoretically, marriage results in partners choosing the mate who best max-

imizes their utility and there is equal distribution of returns to both participants. The out-

come is pareto optimal and reaches equilibrium when no one can be better off with any

other partner or choosing not to marry. However, if both partners do not share an equal

distribution of the returns, then there must be a transfer of funds between them in order to

reach efficiency.

In Indian society, the rise of economic growth has allowed men to work in

"productive" jobs and gain an income, but many women are not afforded these opportuni-

ties. Therefore, women and their families have to compete for men and pay a dowry as

34
a transaction payment to make up for the lack of productive inputs they bring into a mar-

riage. Dowries have been rising in India for the last six decades and increased 15 percent

annually between 1921 and 1981.

Women are valued less in this partnership and therefore are asked to pay in

order to gain the benefits a man brings. The power hierarchy and financial obligation cre-

ated through this system help perpetuate acts like female foeticide and a high son prefer-

ence. Additionally, the technological progress leading to sex selective abortions lowers the

cost of discrimination and many people think that it is better to pay a "500 rupees now

(abortion) instead of 50,000 rupees in the future (dowry). "Furthermore, dowry-related ex-

penses also extend well beyond marriage. The bride's family is expected to bear the burden

of high expenses for the groom.

India’s Weak Social Security System

Another reason for this male preference is based on the economic benefits

of having a son and the costs of having a daughter. In India, there is a very limited social

security system so parents look to their sons to ensure their futures and care for them in old

age. Daughters are liabilities because they have to leave to another family once they are

married and cannot take care of their parents. Additionally, they do not contribute econom-

ically to the family wealth and are costly because of the dowry system. People in India

usually see men's work as "productive" and contributing the family, while the social per-

ception of female labor does not have that connotation. This also ties to the fact that it is

easier for men in India to get high paying jobs and provide financially for their fami-

lies. Women need increased access to education and economic resources in order to reach

35
that level of gainful employment and change people's perceptions of daughters being finan-

cial liabilities. With this cost and benefit analysis, many families come to the conclusion

that they must prioritize male children's lives over female lives in order to ensure their

financial future.

The traditional social security system in India is family centered, with the

joint family of three generations living together and taking care of each other.

3.3 Consequences and Social Effects of Female Foeticide

Due to female foeticide there is steep decrease in the female‘s population.

Due to which it is becoming difficult to find girls for marriage. This in turn leads to girl‘s

trafficking. According to news girls from Assam and West Bengal are kidnapped and sold

in Haryana for marriage, where the child sex ratio is least in the country. Due to diminution

in the female’s population our society is becoming male dominant, which is not a good

indication. As the decrease in number of women, men consider themselves more superior

and above law, which in turn results in women‘s exploitation. Female foeticide has led to

an increase in human trafficking. In 2011, 15,000 Indian women were bought and sold as

brides in areas where foeticide has led to lack of women.

3.4 Control Mechanism

1. There should be registration of all the nursing homes and rigorous action should be

taken against the defaulters.

2. Government must deploy national wide campaign to spread cognizance among the

people. They should aware the people about the importance of girls and should not

consider them as stigma to their families.

36
 3. More reservation should be given to the girls in education. Government should pro-

vide financial support to those families who are not able to educate their children.

Proper measures should be taken to implement anti dowry law and culprits should

be punished. Government should provide financial support for the marriage of girls

belonging to poor families.

4. Emphasis should be given to women empowerment. Women education will help in

eradicating this problem. As the women will become independent, they can take

decision according to their volition.

5. There is a need of remove the myth of son preference from our society only then

this problem can be tackled.

Awareness Campaign

To deal with a problem that has roots in social behaviour and prejudice,

mere legislation is not enough. Various activities have been undertaken to create awareness

against the practice of prenatal determination of sex and female foeticide. To implement

the provisions of the Act the help of media units like AIR, Doordarshan, Song and Drama

Division, Directorate of Field Publicity, Press Information Bureau, Films Division and

DAVP is also being sought. Workshops and seminars have been organized through volun-

tary organizations at State, regional, district and block levels to create awareness against

this social evil. Cooperation has also been sought from religious leaders, as well as the

medical fraternity to curb the practice.

A concerted effort involving all sections of the society is necessary to

change the prevalent social thinking and remove the gender-based discrimination if the goal

37
of a balanced sex ratio is to be achieved. Keeping this in view, the Government has recently

launched a “Save the Girl Child Campaign”. One of its main objectives is to lessen the

preference for a son by highlighting the achievements of young girls. To achieve the long-

term vision, efforts are afloat to create an environment where sons and daughters are

equally valued. Such efforts cannot take place in isolation or in relation to a single issue of

female foeticide. They have to be integrated into the larger advocacy and communication

efforts that are already taking place.

Framing a social problem in the formal and specific language of law has

first clearly defined all the key players and their roles in promoting the practice and, second,

put in place institutional mechanisms to enforce norms that will regulate the practice. Leg-

islation and regulation provide a framework within which the role of multiple actors and

institutions can be concretely measured and evaluated. For instance, regulation has a critical

impact on the larger medical and pharmaceutical industry that has sprung up around repro-

duction in general and SD in particular, of which doctors are only a part.

The difficulties and gaps in regulating the use of technologies like obstetric

ultrasound for SD should not become the basis for an argument against regulation. A num-

ber of measures can be taken to ensure effective implementation. For example under both

the MTP Act, 1971 and the PNDT Act, 1994, specific sites have been classified for legal

provision of these services. Universal registration of these sites and listing of diagnostic

equipment, granting licenses and requiring that they be prominently displayed, among oth-

ers, could help curb misuse.

38
 The PNDT Act can be the first step in a broader effort to regulate the private

health care sector. The law, as currently implemented, fails in that it does not specify the

role that has been played almost single-handedly by the private sector in spreading SD and

SSA across the country. It is worth noting that SD was banned in all public facilities in the

mid-seventies. Having discussed the usefulness of laws it is important to point out that they

are at best a first step in addressing deep-rooted injustice. George (2002), one of the three

petitioners of the PIL, points out that a law and effective use of the judiciary can bring

pressure on the executive branch of government to do a better job of monitoring use of

these technologies, guide medical ethics that till date have been seriously lacking with re-

gard to SD and SSA, and at the same time serve as a catalyst to address deep-rooted patri-

archal norms within Indian society.

Eradication of Sex-Related Harmful Practices

Related to the problem of gender bias and the persistent discrimination

against the girl child are the sex-related harmful practices of female foeticide and female

infanticide leading to the most un-wanted abortions and the present high rates of female

infant mortality of 70.8 (1999), female child mortality of 24.5 (1997) and maternal mortal-

ity of 407 (1998) (More details under the section on ‘Development of Children’). Based on

the 1991 Census, 65 districts have been identified as problem districts, with sex ratio ab-

normally in favour of males between 1,100 to 1,218 males for 1,000 females in the states

of Andhra Pradesh, Bihar, Delhi, Gujarat, Haryana, Madhya Pradesh, Punjab, Rajasthan,

Tamil Nadu and Uttar Pradesh. Besides, a multi-centric study sponsored by the Department

of Women and Child Development in 1993 also confirmed that while Female Foeticide is

being practised all over the country, the Female Infanticide exists as a local phenomenon

39
amongst certain communities. The Tenth Plan will, therefore, initiate action to enforce ef-

fectively both the Indian Penal Code, 1860 and the Pre-natal Diagnostic Technique (Regu-

lation and Prevention of Misuse) Act, 1994 to control/eradicate the female feticide and

female infanticide, respectively with a very close vigil and surveillance along with severe

punishment for the guilty. Along with this, long-term measures of sensitizing the society to

change their mind-set which is negatively disposed towards the girl child –as un-wanted,

neglected and discriminated both within and outside her home, will also be put into action

throughout the country with a special focus on the problem districts and problem commu-

nities.

Strategy For Elimination of Female Foeticide

As observed, it is not poverty alone that makes families kills their children.

The community, too acts in strange ways to perpetuate the crime by ridiculing couples who

do not have a mal child illiteracy, ignorance of the welfare scheme available for the girl

child and poverty alleviation and the legal implication of indulging in female infanticide,

and the dowry system are some of the reasons for failure of the schemes and interventions

undertaken by the government and NGOs to eradicate female infanticide.

The long-term strategies should include education and empowerment of

women. Empowerment of rural marginalized women and education to improve their lot

will heighten their status in the society.

As the women sangams and the federation gain in importance and play a

greater role in the development of the area, it is hopes that their presence and the politico-

economic strength they enable will help curb the practice. Media-both print and electronic-

40
plays a very significant role in removing gender bias and developing a positive image of

the girl child in the society, but in a county like ours where there are problems in reaching

the backward rural and tribal areas, a mix of mass media with various traditional forms of

communication may provide a more effective alternative to influence the illiterate and the

poor. Enhancing sensitization to gender issues to influence the policy makers, planners,

administrators and enforcement machinery is another important strategy. The nodal De-

partment of Women and Child Development has already launched special efforts to develop

a positive image of the girl child and women.

It is not easy to change overnight the attitude of even women towards fe-

males infanticide. Even if the women are prepared to understand and accept the need to

change, the social situation and the family environment prevent them from doing so. There-

fore, young married couples and pregnant women were given counseling so that they could

cope with the situation, because they are surrounded by in laws and neighbors who are pro-

female infanticide. The practice of using amniocentesis for sex determination shall be

banned through law and practitioners indulging in or abetting such acts shall be punished

severely. Amniocentesis, where necessary, will be performed only in government or ap-

proved medical institutions to prevent the practice of using amniocentesis for purpose of

sex determination public education on the illegality of fetal sex determination and sex se-

lection abortion will be accompanied by positive messages on the value of daughters Ad-

vertising of sex determination techniques shall be banned forthwith and stringent measures

will be taken against the offenders.

41
 Media will be effectively use to bring about attitudinal changes towards the

girl child.There should be a trust on elimination of gender disparities in infant and under-5

child mortality, though 10 gender sensitive monitoring in mortality starting from the field

level.Priority will be given for educating parents on the importance of provding adequate

food for the girl child. Extensive use of media for the sensitive promotion of a positive

image of women and girls.

Development of school-based strategies for inculcating of positive self-im-

age amongst girls. Concerted efforts to break the gender stereotypes particularly at the +2

level. Conscious inputs into curriculum, textbooks, teacher education institutional planning

supported by career guidance, counseling. Special awareness generation programmes and

campaigns to sensitize the public.

The strategy includes keeping a close watch on the pregnant women for six

months (three months before delivery and three months after it) to this end, panchayat-level

vigilance committees are to be formed, comprising two leaders from each sangam to un-

dertaken vigilance work in their respective villages. A special committee is to be formed

within the federation, where main job would be to keep a watch on pregnant women. Acti-

vate advisory, planning supervisory committees to work closely with the district admin-

istration and block-level officers of various departments like health, nutrition, police, BDO,

village administrative officer and teachers.

Female infanticide programmes should include strategies to modify and lib-

eralize the traditional cultural values that are strongly held by the affected communities

Form a Collective of likeminded NGOs at the district level.For any such programmes to be

42
effective, it must cultivate in the affected communities more positive attitudes and ac-

ceptance of social change, particularly in relation to girl children.Such intervention pro-

grammes should target middle socio-economic groups in which the tendency and probabil-

ity of female infanticide is supposed to be higher. Also, these programmes should target

the male population of the affected communities, since compared to females, males are

more vulnerable to developing a tendency female infanticide. Since the probability of fe-

male infanticide is indicated in many of the affected communities. NGOs working in these

areas must build up legal and social pressure to counter this practice. Intervention pro-

grammes for dias must be implemented. Reporting of these deaths must be systematized.

Some kind of vigilant monitoring committee or group should be formed in the Panchyats,

including the Chowkidar of each village. Keep track of 11 births and deaths. Maintain a

record of birth/deaths sex wise as well as age wise, and Monitor the upbringing of girl

children in terms of nutrition an preventive health care.

3.5 Critical Government Policies for Girl Child (Government Schemes)

National Family Health Survey 2019-21 (NFHS-5) indicates that India has

1020 females for every 1000 males, making the female population of India a larger sub-set.

This warrants inclusive, efficient, and sustainable policies to ensure the proper development

of the girl child. To inculcate and propagate the vitality of gender equality, India celebrates

24th January as ‘National Girl Child Day’ every year.

Last year, India's Prime Minister Narendra Modi saluted the daughters of

the nation on ‘National Girl Child Day and acknowledged their accomplishments in various

43
fields. Prime Minister has emphasized on many occasions that India will progress when the

girl child shines.

‘National Girl Child Day' is an initiative of the Ministry of Women and

Child Development. The motive behind celebrating it is to provide support and opportuni-

ties to the girls of the country.

NFHS-5 indicates that India has successfully brought down its infant mor-

tality rate to 35.2 from 101 per 1,000 births back in 1978-82. Efforts continue to bring this

rate down further. In this vein, the Government of India has initiated multiple policies for

the girl child—for her protection, education, and development. Crucial ones are:

Beti Bachao Beti Padhao Yojana

The child sex ratio in India had been going down at a continuous rate. In the

population census of 2011, the child sex ratio in India was 919 females of girls aged 0 to 6

years old. During the 2014 International Day of the Girl Child, Narendra Modi asked the

public to help end sexism against girls in India.

Sex-selective abortion or female foeticide has led to a sharp drop in the ratio

of girls born in contrast to boy infants in some states in India. Ultrasound technology has

made it possible for pregnant women and their families to learn the sex of a foetus early in

a pregnancy. Discrimination against girl infants, for several reasons, has combined with the

technology to result in a rise in abortions of foetuses identified as female during ultrasonic

testing.

44
 The trend was first noticed when results of the 1991 national census were

released and were confirmed to be a worsening problem when results of the 2001 national

census were released. The reduction in the female population of certain Indian states con-

tinues to worsen, as results of the 2011 national census have shown. It has been observed

that the trend is most pronounced in relatively prosperous regions of India. The dowry sys-

tem in India is often blamed; the expectation that a large dowry must be provided for

daughters for them to marry is frequently cited as a major cause for the problem. Pressure

for parents to provide large dowries for their daughters is most intense in prosperous states

where high standards of living, and modern consumerism, are more prevalent in Indian

society.

Rates of female foeticide in Madhya Pradesh are increasing; the rate of live

births was 932 girls per 1000 boys in 2001, which dropped to 918 by 2011. It is expected

that if this trend continues, by 2021 the number of girls will drop below 900 per 1000 boys.

Beti Bachao Beti Padhao is a government social scheme launched by the

Prime Minister Narendra Modi in order to address the gender imbalance and discrimination

against girl child in the Indian society. This scheme was launched by the Prime Minister on

22nd of January in 2015 at Panipat, Haryana on Thursday. This scheme is to aware people

about the importance of girls in the society.

It is to increase awareness among common people to save the lives of girl

child by completely removing the female foeticide. People should celebrate the birth of

their girl child and educate them with full responsibility as they do for their boy child. This

45
programme is launched by the Modi government regarding safety and protection of the girl

child all through the country.

This scheme was the urgent need of today’s time as without saving and em-

powering women of the country, development is not possible at all. Women cover around

half population of the country so they are half power of the country. That’s why they need

equal rights, facilities and opportunities to go ahead and contribute to the development of

India.

This scheme is regarding girl safety, protection and better education in the

future without much load on the parents. In order to support this campaign, the government

of India has started another programme named as Sukanya Samriddhi Yojana.

This scheme involves in reducing the burden of parents at her young age.

Because, according to this scheme, parents have to deposit some money in the bank on

monthly basis for which they will get benefited in future at the young age of their girl child

whether for the education or marriage. Such ambitious approach of government in the form

of Beti Bachao, Beti Padhao scheme will surely bring positive changes in the status of

women in India. It is launched by the government with well planned objectives, strategies

and action plan to make it really effective.

It is to save the lives of the down trodden girls and give them opportunity of

higher education so that they can be empowered and participate in all the working areas.

According to this scheme, around 100 districts (having low CSR) have been chosen to take

necessary actions first. This scheme is to improve welfare of the girl child by creating

46
awareness about gender discrimination in the society. The proposal of big amount of Indian

rupee has been passed for the women safety in urban and large cities of the country.

This scheme alone can support only however cannot completely solve the

problem of girl child, it needs to be supported by all the citizens of India. Rules and regu-

lations, made to reduce crimes against girl child, should be followed strictly and there

should be strict punishment on violation.

Sukanya Samridhi Yojna

Sukanya Samriddhi Yojana is a saving scheme of Government of India

aimed at betterment of girl child in the country. Sukanya Samriddhi Yojana is launched to

provide a bright future for the girl child and enables parents to build a fund for the future

education and marriage expenses of their girl child.

Sukanya Samriddhi Yojana, also referred to as SSY, is a deposit scheme

made especially for the girl child. This scheme was introduced to ensure a financially secure

future for the girl child.This deposit scheme will help you save regularly for your little girl.

Through regular deposits, you can create a sufficient corpus as the year's pass. This corpus

can be used to meet your girl child’s goals such as education or marriage etc.

It is one of the multiple schemes that the Government introduced under its

Beti Bachao Beti Padhao Yojana launched in the year 2015 by Prime Minister Narendra

Modi. ‘Dhanlakshmi Scheme’, ‘Ladli Scheme’ were some of the other schemes launched.

The scheme was launched by Prime Minister Narendra Modi on 22 January

2015 in Panipat, Haryana. The accounts can be opened at any India Post office or a branch

47
of some authorised commercial banks. Initially, the interest rate was set at 9.1% but later

revised to 9.2% in late March 2015 for FY2015-16. Interest Rate have been revised for FY

2021-22 to 7.6%.

The account can be opened anytime between the birth of a girl child and the

time she attains 10 years age by the parent/guardian. Only one account is allowed per child.

Parents can open a maximum of two accounts for each of their children (exception allowed

for twins and triplets). The account can be transferred to anywhere in India.

A minimum of ₹250 must be deposited in the account initially. Thereafter,

any amount in multiples of Rs 100 can be deposited. However, the maximum deposit limit

is ₹150,000. If the minimum deposit of ₹250, (initially which was 1000) is not made in a

year, a fine of ₹50 will be put on. The girl can operate her account after she reaches the age

of 10. The account allows 50% withdrawal at the age of 18 for higher education purposes.

The account reaches maturity after time period of 21 years from date of opening it. Deposits

in the account can be made till the completion of 15 years, from the date of the opening of

the account.

After this period the account will earn only applicable rate of interest. If the

account is closed, then it will not earn interest at the prevailing rate. If the girl is over 18

and married, normal closure is allowed.

Balika Samridhi Yojna

Scheme of Balika Samriddhi Yojana was launched on 2nd October 1997

with the objective of raising the standard of living of female children born into poverty

48
(below poverty line as defined by the Government of India). This Scheme benefits upto

two girls per family, provided they are born on or after 15th August 1997.

A one-time grant of Rs. 500 id given to a mother giving birth to a girl child

in a family that is below the poverty line. Further, the girl child can avail annual scholar-

ships of Rs. 300 to Rs. 1,000 upto Class X.

Mamata Scheme

MAMTA Scheme For Girl Child: For the secure future of girls, the Govern-

ment of Goa had started Mamta Yojana. Under this scheme, on the birth of a daughter (Govt

Scheme For Girls), the family is given an assistance of Rs 10 thousand. Earlier this amount

was Rs 5 thousand, but the government has doubled it to Rs 10,000. The purpose of this

scheme is to strengthen the future of girls, to help them financially in their studies. Financial

incentives are given to strengthen the women in the state and to improve the ratio of girls.

Mamta Yojana The primary objective of Mamta Yojana is to improve the

sex ratio in the state. Under this scheme, an assistance amount of Rs 10 thousand is given

to the family, which is transferred to the account in phases. The first installment of Rs 5

thousand is given on the birth of a daughter, while the second installment of Rs 5000 is

given on the completion of basic vaccination and vaccination of the daughter.

Laadli Social Security Allowance Scheme

The scheme is on the pattern of Old Age Allowance Scheme for the families

having only girl child/children started from 1st January 2006. Initially Rs. 300 p.m. per

family was given. The enrolment of families under this scheme commences from the

45th birthday of the mother or the father i.e. for 15 years. In case of the death of either of

49
the parent the surviving parent will get this. The Government has enhanced the rate of al-

lowance from 300/- p.m. to 500/- p.m. and reduced the eligibility age from 55 yrs to 45

yrs w.e.f. 1.4.2007, to Rs. 1000/- p.m. w.e.f. 01.04.2014, to Rs. 1200/- p.m. w.e.f. 01-01-

2015. The Government has increased the rates under the scheme to Rs, 1400/- p.m per

beneficiary w.e.f 1-1-2016, Rs. 1600/- w.e.f. 01-11-2016, Rs. 1800/- w.e.f. 01-11-2017, Rs.

2000/- w.e.f. 01-11-2018, Rs. 2250/- w.e.f. 01.01.2020 and Rs. 2500/- w.e.f. 01.04.2021.

Mukhyamantri Rajshree Yojna

The Government of Rajasthan has initiated the scheme entitled ”Mukhya-

mantri Rajshree Yojana” in which the Government grants a subsidy of Rs.50,000 to the

families on birth of the girl child. This scheme aims to improve the economic empower-

ment of girls in promoting education and provide them with a better future. In this article,

we look at the assistance, eligibility and application procedure of Mukhyamantri Rajshree

Yojana in detail.

Mukhyamantri Rajshree Yojana various benefits associated with its use, which is listed

below:

1. Under this scheme, the Rajasthan government will provide financial assistance to

the total amount of Rs. 50,000 from birth to the end of graduate education.

2. The beneficiaries will get the subsidy in their account at the fixed time frame by the

government.

3. The government grants benefits in the form of financial assistance to the parents on

the birth of the first girl child.

4. The beneficiaries under this scheme will get the amount in their account at the fixed

time frame by the government.

50
 5. The State Government has allotted funds of Rs. 2221 crore for the implementation

of this scheme for benefiting the girl child of the state.

6. This scheme aims to create sustainable growth of all these people that further helps

with improving their standard of living in society.

Mukhbir Yojna

Mukhbir Yojna was launched in the state in 2012. When it was launched,

the government had announced that a person providing confirmed information about the

involvement of a doctor or a medical staff in sex determination will get a reward of Rs

25,000. But over the past five years, the reward has now increased up to Rs2.5lakh.

At present, the reward is Rs2 lakh. In Rs2 lakh reward, (informer) has share

of Rs80,000, pregnant woman (decoy) gets Rs80,000 and Rs40,000 for the person who

accompany the decoy (informer) in the decoy operation. Now, as it has increased to Rs2.5

lakh, now informer will get Rs1lakh, decoy (pregnant woman) will get Rs1 lakh and person

who accompany pregnant woman in decoy operation will get Rs50,000. The Mukhbir

Yojna was launched as a reaction of Census report 2011 which showed that over the past

10 years, the child sex ratio (0-6 years) in Rajasthan had gone down by 21 points from 909

to 888.

Now, by increasing incentives for informers, who provide information re-

garding doctor or any gang involved in sex selection, the health department is encouraging

people (informers) to get more inputs on doctors involving in sex selection activities. State

appropriate authority (PCPNDT Act) Navin Jain said, “Till date, 27 decoy operations have

already been conducted in 2016-17.” According to the PCPNDT cell officials, after the

51
incentives increased to Rs2 lakh, they had received more information on doctors involved

in sex selection activities, which resulted into 30 decoy operations.

The officials said that increasing the incentives has helped them receiving

more information. Now, they hope that reward increased from Rs2 lakh to Rs2.5 lakh, they

will get even more information. The officials said that they need community’s participation

to fight against the social evil of female foeticide, which is why, Mukhbir Yojna was

launched in 2012.

On the basis of information, the PCPNDT cell officials get, they conduct

decoy operation after verifying the information to nab the accused red handed. For con-

ducting decoy operation, the PCPNDT cell officials require funds. Officials said that a tleast

Rs30,000 is required for one decoy operation. Now, state’s supervisory board has decided

to create a special fund for decoy operations. Earlier, the PCPNDT officials had to ask the

National Health Mission for funds to conduct decoy operations. Now, special fund for de-

coy operation will make it easy for the PCPNDT cell officials to conduct such action against

doctors.

3.6 Current Scenario

The Census 2001 indicates that while there is an increase in the overall sex

ratio of the country (927 females per 1000 males in 1991 to 933 females per 1000 males in

2001), the child sex ratio (in the 0-6 age group) has shown a decline in almost all the States

as compared to the 1991 Census. There are 16 districts in the country having less than 800

girls per 1000 boys. Out of these 10 are in Punjab, 5 in Haryana and 1 in Gujarat. This

means for every 1000 boys 200 girls are missing in these districts. Further, there were 70

52
districts in the country in 2001 where the decline in child sex ratio was more than 50 points

when compared with the 1991 Census.

Some recent studies conducted to examine the reasons for decline in child

sex ratio has also revealed that apart from a strong preference for sons and a low valuation

of girls, increasing dowry demands, difficulties involved in bringing up a girl child and an

easy availability of 5 ultrasound and abortion services by various private clinics are the

main reasons for the increase in female foeticide in the country.

3.7 International Scenarios

World Conference of The International Women’s Year, Mexico City (19th June to

2nd July 1975)

This conference concentrated on diverse matters related to women. The

topics associated to female foeticide were prevention of exploitation of women and girls,

protection of maternal and child health, equality amongst men and ladies and disposal of

oppression ladies. The conference was dedicated to the development of international co-

operation based on the basics of the Charter of the United Nations, which would reveal

answer for world issues, and built an international community based on equality.

World Conference to Review and Appraise of The United Nations Decade for

Women: Equality, Development and Peace, Copenhagen (14th July to 30th July 1980)

This conference embodied social issues relating to women. The 27th reso-

lution of this conference was on framing special measures in courtesy of young women.

Accordingly, national plans and strategies should be chalked out to place women of dif-

ferent age groups distinctly, elaborating their legal and social status.

53
World Conference to Review and Appraise of The United Nations Decade for

Women: Equality, Development and Peace, Nairobi (15th July to 26th July 1985)

The core intention of the conference was “Equality”. It is a principle where

all people are agreed uniform treatment under the law and even chances to make the most

of their rights. For women, equality plays a key role as it allows them to realize their

rights, which have been denied to them due to behavioral and attitude bias. The concept

of equality is vital when the right to take birth is concerned, as every individual, men or

women should get equal right to take birth in the world.

5th Annual Women’s Empowerment Principles Event (WEPE), 6th March 2013

Michelle Bachelet, Under Secretary General and Executive Director of UN

Women who was also the President of Chile from 2006 to 2010 and had been re-elected

as President for second time in 2014. In her speech at 5th Annual Women‟s Empower-

ment Principles Event, she mentioned that an Asian Company displayed its commitment

to the privileges of ladies through a "Save the Girl child" activity, which give the pregnant

ladies data about sound pregnancy, safe conveyance and newborn child care. She likewise

stipulated the real issue of female foeticide and stressed that birth of girl child is essential.

Therefore, their killing should be strongly opposed.

World Association of Girls Guides and Girls Scout (Wagggs) Conference, Edinburgh

Scotland (11th July 2011)

UN Women Deputy Director and Assistant Secretary General Lakshmi

Puri stated in her speech, that “the United Nations has set standards for women‟s rights

and gender justice through institutional instruments. There is an urgent requisite to end all

54
types of savagery against ladies and young ladies. The concern for female foeticide needs

a multi-faceted approach from legislative changes to transforming the society‟s outlook.

The main aim should ponder on gender equality by rectifying all historical injustices that

have been carried on since times indefinite, resulting in disempowering and disrupting the

rights of women all over the world”.

Universal Declaration of Human Rights, 1948 (UDHR)

The UDHR has various objectives and primarily aims at protecting the

right of every individual. “It recognizes the value dignity and equality in the rights of all

members of human society. This would lead the world to the path of freedoms justice and

peace. The UDHR also aims to the end all the barbarous acts of killing and other forms of

torture to humans. It believes that every human being has a right to appreciate the right to

speak freely and opportunity from trepidation from outer and internal discriminations and

crimes against humanity”.

International Convent on Civil and Political Rights (ICCPR) (1966)

The convention promotes the ideals of self-determination. Self-determina-

tion means freely determining ones social, cultural, economic and political rights. This

states that the convention believes that no individual should be deprived of his/her basic

right and dignity.

“The convention has made strong efforts to frame rules and set up guide-

lines for just and human condition for each and every individual in world.

The convention purposes all its member states to legislate such laws, which

punish and provide legal remedy for violation of all the rights. The right provided by laws

55
should not discriminate on grounds of race, religion, language sex, birth or other status.

This provision makes it clear that the convention strictly condemns all

those who practice the tradition of female foeticide. The convention provides the entire

right on equal basis amongst men and women”.

International Convent on Economic Social and Cultural Rights (ICESR) (1966)

“The convention on economic, social and cultural also focuses on right to

equality for every citizen. The convention also promotes right to life and strongly con-

demns the attitude of traditional mindset where many girls are undesirable and unwanted.

Such mindset leads to the practice of infanticide and foeticide. According to the conven-

tion a strong legislative reform on protection is required to emphasis on all the supportive

policies framed by the United Nations”.

“The convention states that the world needs to change its social policies

and laws on gender equality and this can be achieved only when the institutional amend-

ments target towards the elimination of segregation and brutality against young girls. The

issue of discrimination against girl child also requires a strong human right approach to

tackle various issue related to women”.

Convention On the Elimination of All Forms of Discrimination Against Women

(CEDAW) (1979)

“The convention clearly states in its Article that the term oppression lady

implies any qualification avoidance or confinement mode on the premise of sex which

has the impact or reason for weakening or invalidating the acknowledgment by ladies

right from conception till death women face discrimination at various stages of her life.

56
This Article clearly mentions and clarifies the extent to which discrimination is measured.

Article 2 of the Convention concentrates on the laws and regulations regarding the dis-

crimination against women in all forms”.

Convention On the Rights of The Child (1989) And Its Optional Protocols (2000)

“The convention is one of the different human rights arrangements re-

ceived by the United Nations. It is one of the various human rights settlements received

by the United Nations. The convention consists of various civil, political, social, cultural

economic rights of children. Various leaders of the world had similar views about the

convention for children as individuals under the age of 18 years needed special care and

attention”.

“Many countries that are member party to the convention on Child Rights

have framed these constitutional laws by adopting the principal elements of the United

Nations Conventions on Right of child. This makes the law of every country stand in line/

stands parallel with the convention on Right of child. The convention consists of various

articles and provisions, which clearly mentions that the rights and freedom are to be en-

joyed equally. The convention mentions that every group, every society, men, women and

particularly children should be protected and assisted on various rights and also educate

the society about the different rights of children and their duties towards children”.

Millennium Development Goals (MDG) (2000)

“The Millennium Development Goals are on United Nations initiative. In

total there are eight goals, which were introduced initially in the United Nations Millen-

nium Declaration. The Millennium Development Goals were adopted in the year

57
September 2000. At present there are 189 United Nations member states and 23 interna-

tional organizations, which have agreed to support and achieve the Millennium Develop-

ment goals by the year 2015. The main purpose of the Millennium Development Goals is

to get rid of poverty, hunger, illiteracy, diseases, environment exploitation and most im-

portantly discrimination against women”.

58
 CHAPTER - 4

JUDICIAL TRENDS

Judicial Trends in Indian Democracy

Democracy means government of the people, by the people and for the peo-

ple. Democracy is not just a peripheral set-up. In democracy, belief and power of word or

speech has great importance. In every democratic country, judiciary plays pivotal role in

an institution. Judiciary is known as a watchdog of democracy and the constitution. It is

judiciary on which people have struck their trust for getting justice. Only judiciary has the

capability of imparting justice to the aggrieved people and cause of action can only be

bought by the arms of the judiciary.

In democratic processes, of which judicial process is one, it is necessary that

issues or controversies should be decided by discussion and exchange of views and not by

resorting to the use of the police or the army. The elected representatives in a democracy

adapt the process of debate or discussion on public issues of importance for making laws

and solving problems of the people. Issues which are to be brought into limelight and are a

matter of importance are brought in legislative assembly and parliament. The power of

speech and discussion should be nurtured. Resort to the army and the police should be

minimum and should be adopted in the event of some unavoidable emergency. Unfortu-

nately, the situation is otherwise. If we are adapting to non-violent processes as conducive

for functioning of the society and democracy, gradually we would be able to eliminate the

power of arms and weapons. We should not be satisfied with merely outward and formal

structure of democracy. To strengthen the democracy, we have to increase the power of

59
words and speech. In other words, this requires increase mutual trust. The judiciary is one

organ in which, we can find non-violent democratic process in action.

It is that structure of our society, which cemented its place next to the God

and if not properly dispensed will shatter down the entire trinity of democratic instrumen-

talists with checks balances, parliamentary structure and the judicial facets of our constitu-

tion. Generally, aggrieved with lots of pain, anguish and hope in their heart approaches the

court of law for their grievances to be redressed but at the end of the day the procedural

lacunae left them bare handed. They are denied of their most important right i.e Justice. In

India, Justice is beyond the reach of most and the right of access is not communicated to

the citizens properly.

4.1 Vinod Soni and Anr. Vs Union of India: 2005 CriLJ 3408, 2005 (3) MhLj 1131

By this petition, the petitioners who are married couple, seek to challenge

the constitutional validity of Preconception and Prenatal Diagnostic Techniques (Prohibi-

tion of Sex Selection) Act of 1994 (hereinafter referred to Sex Selection Act of 1994). The

petition contains basically two challenges to the enactment. First, it violates Article 14 of

the Constitution and second, that it violates Article 21 of the Constitution of India. At the

time of argument, the learned counsel appearing for the petitioners submitted that he does

not press his petition in so far as the challenge via Article 14 of the Constitution of India is

concerned.

We are, therefore, required to consider the challenge that the provisions of

Sex Selection Act of 1994 are violative of Article 21 of the Constitution of India. Article

60
21 reads thus: "Protection of life and personal liberty - No person shall be deprived of his

life or personal liberty except according to procedure established by law."

This provision of Article 21, according to the learned counsel has been grad-

ually expanded to cover several facets of life pertaining to life itself and personal liberties

which an individual has, as a matter of his fundamental right. Reliance was placed on sev-

eral judgments of the Supreme Court of India to elaborate the submission regarding expan-

sion of right to live and personal liberty embodied under Article 21. in our opinion, firstly

we deal with protection of life and protection of personal liberty. In so far as protection of

life is concerned, it must of necessity include the question of terminating a life. This enact-

ment basically prohibits termination of life which has come into existence. It also prohibits

sex selection at pre conception stage. The challenge put in nutshell is that the personal

liberty of a citizen of India includes the liberty of choosing the sex of the offspring. There-

fore he, or she is entitled to undertake any such medicinal procedure which provides for

determination or selection of sex, which may come into existence after conception. The

submission is that the right to personal liberty extends to such selection being made in order

to determine the nature of family which an individual can have in exercise of liberty quar-

anteed by Article 21. It inturn includes nature of sex of that family which he or she may

eventually decided to have and/or develope.

Reliance was placed, as already stated, on several judgments of the Supreme

Court of India on the enlargement of the right embodied under article 21. The right basi-

cally deals with protection of life and protection of personal liberty. Personal Liberties have

been or personal life has been expanded during the passage of 55 years of the Constitution.

61
It now includes right to pollution free water and air as held in AIR 1991 S.C. page 420 It

includes right to a reasonable residence for which reliance is placed on a judgment in Shan-

tistar Builders v. Narayan Khmalal Totame reported in AIR 1990 S.C. page 630 This right

to a reasonable residence always postulates right to a reasonable residence on reasonable

restrictions and for reasonable price. This right cannot be and the Supreme Court's judg-

ment in 1990 S.C. page 630 does not create a right to a reasonable residence in any citizen,

free of any cost.

Then reliance is placed on a Supreme Court Judgment in AIR 1989 S.C.

page 677 and two earlier decisions whereby the Supreme Court has explained Article

21 and the rights bestowed thereby include right to Food, clothing, decent environment,

and even protection of cultural heritage. These rights even if further expanded to the ex-

tremes of the possible elasticity of the provisions of Article 21 cannot include right to se-

lection of sex whether preconception or post conception.

The Article 21 is now said to govern and hold that it is a right of every child

to full development. The enactment namely Sex Selection Act of 1994 is factually enacted

to further this right under article 21, which gives to every child right to full development.

A chid conceived is therefore entitled to under Article 21, as held by the Supreme Court,

to full development whatever be the sex of that child. The determination whether at pre

conception stage or otherwise is the denial of a child, the right to expantion, or if it can be

so expanded right to come into existence. Apart from that the present legislation is confined

only to prohibit selection of sex of the child before or after conception. The tests which are

available as of today and which can incidentally result in determination of the sex of the

62
child are prohibited. The statement of objects and reasons makes this clear. The statement

reads as under.

"The pre-natal diagnostic techniques like amniocentesis and sonography are

useful for the detection of genetic or chromosomal disorders or congenital malformations

or sex linked disorders."

"Accordingly, it is proposed to amend the aforesaid Act with a view to ban-

ning the use of both sex selection techniques prior to conception as well as the misuse of

pre-natal diagnostic techniques for sex selective abortions and to regulate such techniques

with a view to ensuring their scientific use for which they are intended."

It will thus be observed that the enactment proposes to control and ban the

use of this selection technique both prior to conception as well as its misuse after conception

and it does not totally ban these procedures or tests. If we notice provisions of section 4 of

the Act it gives permission in when any of these tests can be administered. Sub section 2

says that no prenatal diagnostic techniques can be conducted except for the purposes of

detection of any of the (1) chromosomal abnormalities, (2) genetic metabolic diseases, (3)

heamoglobinopathies, (4) sex-linked genetic diseases, (5) congenital anomalies and (6) any

other abnormalities or diseases as may be specified by the Central Supervisory Board. Thus,

the enactment permits such tests if they are necessary to avoid abnormal child coming into

existence.

Apart from that such cases are permitted as mentioned in sub clause 3 of

section 4 where certain dangers to the pregnant woman are noticed. A perusal of those

conditions which are five and which can be added to the four, existence on which is

63
provided by the Act. It will therefore be seen that the enactment does not bring about total

prohibition of any such tests. It intends to thus prohibit user and indiscriminate user of such

tests to determine the sex at preconception stage or post conception stage. The right to life

or personal liberty cannot be expanded to mean that the right of personal liberty includes

the personal liberty to determine the sex of a child which may come into existence. The

conception is a physical phenomena. It need not take place on copulation of every capable

male and female. Even if both are competent and healthy to give birth to a child, conception

need not necessarily follow.

That being a factual medical position, claiming right to choose the sex of a

child which is come into existence as a right to do or not to do something which cannot be

called a right. The right to personal liberty cannot expand by any stretch of imagination,to

liberty to prohibit coming into existence of a female foetus or male foetus which shall be

for the Nature to decide. To claim a right to determine the existence of such foetus or pos-

sibility of such foetus come into existence, is a claim of right which may never exist. Right

to bring into existence a life in future with a choice to determine the sex of that life cannot

in itself to be a right. In our opinion, therefore, the petition does not make even a prima

facie case for violation of Article 21 of the Constitution of India. Hence it is dismissed. In

view of the fact that the petition itself is rejected, the application for intervention is also

rejected.

4.2 Mr. Vijay Sharma And Mrs. Kirti ... vs Union Of India: AIR 2008 Bom 29T

The petitioners have boldly proclaimed that if the country is not economi-

cally and socially advanced, it is better that female children are not born. Patriarchal system

64
is the answer for the craving for a male child. If patriarchal system or economic and social

backwardness is responsible for female foeticide, efforts should be made to rectify the sys-

tem and improve the socioeconomic status of the society. But this Court cannot accept it as

a fate accompli, permit an abject surrender to it and allow sex selection or misuse of the

said techniques leading to female foeticide. The petitioners'case that the use of the said

techniques can result in obtaining equal male to female ratio is nullified by their own aver-

ments. We have no doubt that if the use of the said techniques for sex selection is not

banned, there will be unprecedented imbalance in male to female ratio and that will have

disastrous effect on the society. The said Act must, therefore, be allowed to achieve its

avowed object of preventing sex selection. In our opinion, the provisions of the said Act

which are sought to be declared unconstitutional are neither arbitrary nor unreasonable and

are not violative of Article 14.

It is then submitted that by sex selection before conception with the help of

the said techniques, sex of the child is determined by using male/female chromosome be-

fore fertilization and the fertilized egg is inserted in the womb of the mother. There is,

therefore, no foeticide and, hence, it is not necessary to impose any ban on the said tech-

niques.

It is not possible to accept this submission. Techniques like sonography

which are useful for the detection of genetic or chromosomal disorders or congenital mal-

formations are being used to detect the sex of the foetus and to terminate the pregnancy

in case the foetus is female. Similarly, preconception sex selection techniques which have

now been developed make sex selection before conception possible. If prior to conception

65
by choosing male or female chromosome sex of the child is allowed to be determined and

fertilized egg is allowed to be inserted in the mother's womb that would again give scope

to choose male child over female child. In such cases, even if it is assumed that there is

no female foeticide, indirectly the same result is achieved. The whole idea behind sex se-

lection before preconception is to go against the nature and secure conception of a child of

one's choice. It can prevent birth of a female child. It is as bad as foeticide. It will also result

in imbalance in male to female ratio. The argument that sex selection at preconception is

an innocent act must, therefore, be rejected.

4.3 Dr. Manish C. Dave vs State Of Gujarat And Anr. : (2008) 1 GLR 239

The petitioners have prayed to quash and set aside Criminal Complaint Nos.

1677 of 2006, 1558, 7210, 6534, 6535 of 2005, Criminal Case Nos. 4762, 42, 1707, 1216,

1136, 4656, 1689 of 2006 pending before the Metropolitan Magistrate, Court No. 15, Ah-

medabad.

The petitioners are Radiologists possessing requisite qualification and doing

practice in Ahmedabad. The petitioners, for the purpose of diagnosis, use Sonography ma-

chine in their premises. The competent authority carried out inspection at the respective

places and allegedly found certain irregularities. During the diagnosis the petitioners are

required to fill up certain forms. The allegation in substance is that certain details were not

provided in the proforma. The concerned authority has, therefore, filed complaints against

the petitioners for the alleged commission of offences punishable under Sections 4 and 5

of the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)

Act, 1994. The petitioners have challenged the aforesaid complaints on various grounds.

66
 Learned Advocate for the petitioners submitted that as far as non-filling up

of certain columns is concerned, the petitioners are not required to note the same as the

petitioners have nothing to do with such particulars in view of the fact that ultimately the

report which is indicated in the sonography report is just to be handed over to the patient

concerned.

Learned Advocate further submitted that looking to the provisions of the

Act, the petitioners have not committed any irregularity and the respondent authority even

prima facie failed to establish that the pregnant woman or her relative or any other person

has been communicated the sex of foetus or there has been either sex determination or sex

selection by the petitioners at any point of time. He, therefore, submitted that the complaint

do not disclose any offence being committed by the petitioners even on prima facie basis,

and therefore, they are required to be quashed and set aside.

Learned Advocate for the petitioners further submitted that the complain-

ants are not maintainable inasmuch as the complaints have not been filed by the persons

who are competent to file such complaints.

Learned Advocate for the respondent authorities opposed the petitions and

submitted that the petitioners have failed to fill up the forms as required under the Act, and

therefore, there is prima facie case against the petitioners and this Court may not interfere

in the present petitions.

Having heard the rival contentions, the only question required to be consid-

ered is whether the complaint is filed by the authorised person or not and the petitioners

67
have prima facie committed any offence under the Act as alleged in the aforesaid com-

plaints or not.

Therefore, the complaint should be filed by Appropriate Authority or any

officer authorised in this behalf by the Central Government or State Government and the

person who has given notice of not less than fifteen days in the manner prescribed, to the

Appropriate Authority, of the alleged offence and of his intention to make a complaint to

the Court. Admittedly, the complaints were not filed by Appropriate Authority or officer

authorised in this behalf. There is nothing on record to show that the persons who have

filed the complaints have given notice as per Section 28(b) of the Act. In view of these facts

I am of the view that the complaints become bad in law.

According to the aforesaid proviso to Sub-section (3) of Section 4, the Act

and the relevant rules the petitioners are required to fill in Form-F. The criminal complaints

are based on the alleged infirmities found in filling up Form-F. Therefore, this Court is

required to consider whether, by the so-called infirmities, any offence has been committed

by the petitioners. The language of the proviso is to the effect that "any deficiency or inac-

curacy" found therein shall amount to contravention of the provisions of Section 5 or Sec-

tion 6 unless contrary is proved by the person conducting such ultrasonography. The phrase

"unless contrary is proved by the person conducting such ultrasonography" connotes that

if there is any allegation the person conducting can prove otherwise. In the present case,

there is no allegation by the respondent authority that provisions of Sections 5 and 6 of the

Act are attracted and hence there is no question of proving otherwise.

68
 A reading of the aforesaid provisions would show that no person should be

communicated the sex of foetus, the test should not be conducted for the purpose of deter-

mining the sex of a foetus nor can there be a test for selection of sex before conception. If

the test is done for the aforesaid purpose there is a contravention of the provisions of the

Act.

From a bare perusal of the complaints it is apparent that it is not the case of

the authority that provisions of Sections 5 or 6 are applicable inasmuch as the authority has

not been able to show or even alleged that (i) any pregnant woman or her relative or any

other person has been communicated the sex of foetus by the petitioners or (ii) at any place

and by any person, including the person conducting ultrasonography, there has been either

sex determination or sex selection. In absence of such specific allegations in the complaint

it cannot be said that provisions of Sections 5 and 6 of the Act would be attracted.

Reading the proviso to Section (3) it is to be presumed that the deficiency

or inaccuracy in the record would amount to contraventions of the provisions of Section 5

or Section 6 of the Act. As a natural consequence, in view of such deficiency or inaccuracy,

there should be allegation of contravention of provisions of Sections 5 and 6 of the said

Act. In the present case there are no specific allegations in the complaint pertaining to the

provisions of Sections 5 and 6. Apart from that the language of Sections 5 and 6 is prohib-

itory in nature, and therefore, the burden of proof will be on the authority to prove that there

was contravention and thereupon to rely on the provisions of Statutory Form-F for filing

criminal complaint.

69
 In the present case, without alleging the contravention to provisions of Sec-

tions 5 and 6, the complaint has been filed merely on the alleged deficiency or inaccuracy.

In short, when there is an allegation of the alleged deficiency or inaccuracy, it should follow

contravention of provisions of Sections 5 and 6. Such is not the case in the complaints in

question.

As far as Section 4(3) is concerned, it is the case of the petitioners that the

register is maintained with all the columns which fall within the four corners of the duties

and functions of the petitioners. Apart from that no opportunity is afforded to the petitioners

to prove contrary and put up their case. Further, such deficiency or inaccuracy, at least so

far as the present proceedings are concerned, is merely a procedural lapse, which do not in

any manner contravene the provisions of Sections 5 and 6 of the Act.

4.4 Hemanta Rath vs Union Of India (Uoi) And Ors.: AIR 2008 Ori 71, 2008 I OLR

916

This writ petition has been filed in public interest by one Hemanta Rath,

who describes himself to be a Social Activist and also claims to function as the President

of Deaf and Dumb Society in the district of Khurda.

In this petition a complaint is made that the State of Orissa is not implement-

ing the provisions of Pre-conception and Prenatal Diagnostic Techniques (Prohibition of

Sex Selection) Act, 1994 (hereinafter called 'PNDT Act') even though the said Act was

brought into existence in 1996 and was amended in order to make its provisions more ef-

fective by the Amendment Act 14 of 2003. The said amendment has come into existence

with effect from 14-2-2003.

70
 The said Public Interest Litigation was filed noticing series of news items in

the newspapers and in the electronic media to the effect that there have been recovery of

hundreds of skeletons, skulls, body parts of children from different parts of the State. The

petitioner asserts that recovery of such huge body parts has shocked the common man and

from the news item, it also transpires that these things were found from an area which is

close to various Nursing Homes and Clinics. It is also alleged that in India, there is notori-

ous practices of female foeticide and infanticide.

This has been made possible in view of the development of scientific tech-

niques for determination of sex. Since it is determined that it is a female foetus, there is a

tendency of terminating such pregnancy. Normally such medical technology has been de-

veloped in order to guard against the genetic and other disorder of the child in the mother's

womb and for detecting diseases, such as, HIV and VD. But such techniques are misused

by Medical Practitioners as a device for determination of the sex of the foetus and if it is a

female one, the same is aborted to prevent the birth of a female child.

In order to prevent such malpractices, the said Act was enacted and un-

der Section 7 of the said Act, the Central Government has to constitute a Board to be known

as The Central Supervisory Board.

The State Government has also the statutory obligation to constitute such a

Board under Section 16A of the said Act. Section 17 of the said Act casts an obligation

both on the Central Government and the State Government to appoint one or more Appro-

priate Authorities for the whole or part of the State for the purposes of implementation of

the said Act having regard to the intensity of the problem of pre-natal sex determination

71
leading to female foeticide. Under Section 17(5) of the said Act, the Central Government

or the State Government shall constitute an Advisory Committee for each Appropriate Au-

thority for advising the Appropriate Authority in the discharge of its functions and shall

appoint one of the members of the Advisory Committee to be its Chairman. Under Section

28 of the said Act, a Court can take cognizance of the offence under the said Act only on a

complaint made by the Appropriate Authority.

It has been complained in the petition that without constitution of appropri-

ate Authority, the provisions of Section 28 become nugatory. Therefore, the complaint in

the petition is that there is total inaction both on the part of State Government and the Cen-

tral Government in the matter of implementing the provisions of the said Act which was

enacted for preventing infanticide and foeticide. The said Act has come into existence in

order to protect the appropriate male and female ratio in the society so that there will be no

social imbalance. Apart from that this Court feels that the said Act has a broader human

right perspective inasmuch as it has been enacted to prevent the killing of a foetus on a

gender bias. This is against the essence of our Constitutional principles.

In this matter, affidavits have been filed by both the State Government and

Central Government. On behalf of the State Government affidavit has been filed by the

Principal Secretary to Government, Health and Family Welfare Department, Bhubanes-war

in which it has been stated that in view of the report in the newspapers, immediate steps

were taken by lodging cases and the cases have been handed over to the State Crime Branch

as a result of which there has been arrest of doctors and some of the members of the staff

of Nursing Homes and Ultrasound Clinics. In support of the statement, Annexure A/1 has

72
been enclosed. It is also stated that the human body parts recovered from Forest Park area

of Bhubaneswar were sent to Forensic Medicine and Toxicology (FM & T) Department,

SCB Medical College and Hospital, Cuttack for necessary examination. On such examina-

tion it appeared that the specimens recovered are formalin preserved specimens of surgi-

cally removed human body parts.

There were not cases of foeticide. In support of the same, report of Professor

and Head of the Department of F.M. & T which was received from Chief Medical Officer,

Bhubaneswar has been disclosed. It is also stated that the Government have formed a State

Task Force Committee under the Chairmanship of Chief Secretary, Orissa with Principal

Secretary, Home, Principal Secretary, Family & F. W., Secretary, Women & Child Devel-

opment Department as members to monitor the implementation of Ultrasound Clinics and

Nursing Homes. The said Committee has been formed to see that the rules on Preconception

& Pre-natal Diagnostic Technique (PNDT) Act, 1994 and Medical Termination of Preg-

nancy (MTP) Act, 1971 are scrupulously followed. It has been stated that Task Force has

been formed at the district level with the Collector, Superintendent of Police and C.D. M.O.

to inspect all such centers. It is also averred that the State Level Advisory Committee was

held on 18-8-2007 and newly constituted State Level Supervisory Board chaired by Minis-

ter of Health & Family Welfare was held on 29-9-2007 in order to review and monitor the

progress and implementation of the said Act. The District Advisory Committee have also

met in different districts to take stock of the situation.

However, it has not been stated in the said affidavit whether the bodies have

been created by the State Government under Section 17 of the said Act nor it has been

73
stated whether any steps have been taken under Section 28 of the said Act for filing of

complaint. Such complaint can only be filed by the Appropriate Authority. So the petition-

er's grievance is that if appropriate authority has not been created, no complaint can be filed

under Section 28 of the said Act appears to be well founded. It has been stated that in

Orissa, the male-female ratio is better than in other parts of the State. But this Court is of

the view that this cannot be the reason why the provisions of the said Act shall not be

implemented.

In the counter affidavit which has been filed on behalf of the Central Gov-

ernment by the Director in the Ministry of Health and Family Welfare, Government of

India, it has been stated that it is for the State of Orissa to take steps as per Sections

17 and 17A of the said Act. It has been stated in the affidavit filed by the Central Govern-

ment that the said Act was created to prevent the Preconception and Pre-Natal Diagnostic

Tests for determination of sex. The object of the said Act is as follows:

An act to provide for the prohibition of sex selection, before or after con-

ception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting

genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain con-

genital malformations or sex linked disorders and for the prevention of their misuse for sex

determination leading to female foeticide and for matters connected therewith or incidental

thereto.

It has been stated that sensitization steps have been taken under the said Act

and awareness generation programme has also been held against sex selection. It has been

stated that Government of India has launched 'Save the Girl Child Campaign' and the said

74
Campaign was part of the Republic Day Parade, 2004-2005. So far as the State of Orissa is

concerned, the following steps appeared to have been taken as has been stated in the said

affidavit. "State Supervisory Board reconstituted under the Chairmanship of Hon'ble Min-

ister, Health & Family Welfare. Meeting was held on 29-9-2007.

This Court therefore, directs that if Appropriate Authorities as contemplated

under Section 17 of the said Act and as defined under Section 2(a) of the said Act has been

constituted, such Authority must act strictly in terms of the provisions of the said Act. If,

however, such Committee has not been constituted, such Committee must be constituted

within a period of six weeks from the date of service of the order upon the Chief Secretary

of the State. After constitution of the said Committee, it must take strict measures to imple-

ment the provisions of the said Act. The said Act has been enacted to serve public purpose

and the Constitutional end as is clear from the object of the Act quoted hereinabove. There-

fore, the State is under both a statutory and Constitutional obligation to implement the pro-

visions of the said Act.

This writ petition is therefore disposed of with the direction upon the State

Government to strictly implement the provisions of the said Act. which has been enacted

in 1994. It appears that the response of the State Government is very delayed and it appears

that only in 2007, some kind of Committees have been formed. Whether such Committees

are in accordance with the provisions of the said Act cannot be examined by the Court,

since the Gazette Notification constituting such Committee has not been disclosed.

However, this Court reiterates that if such Committee in compliance with

the said Act has not been constituted, such Committee must be constituted within the period

75
mentioned hereinabove and after constitution of such Committee, the said Committee must

act for strict implementation of the provisions of the said Act. No costs.

76
 CHAPTER - 5

LEGAL PROVISIONS

India passed its first abortion-related law, the so-called Medical Termination

of Pregnancy Act of 1971, making abortion legal in most states, but specified legally ac-

ceptable reasons for abortion such as medical risk to mother and rape. The law also estab-

lished physicians who can legally provide the procedure and the facilities where abortions

can be performed, but did not anticipate female foeticide based on technology ad-

vances. With increasing availability of sex screening technologies in India through the

1980s in urban India, and claims of its misuse, the Government of India passed the Pre-

natal Diagnostic Techniques Act (PNDT) in 1994. This law was further amended into the

Pre-Conception and Pre-natal Diagnostic Techniques (Regulation and Prevention of Mis-

use) (PCPNDT) Act in 2004 to deter and punish prenatal sex screening and female foeti-

cide. However, there are concerns that PCPNDT Act has been poorly enforced by authori-

ties.

The impact of Indian laws on female foeticide and its enforcement is un-

clear. United Nations Population Fund and India's National Human Rights Commission, in

2009, asked the Government of India to assess the impact of the law. The Public Health

Foundation of India, an premier research organization in its 2010 report, claimed a lack of

awareness about the Act in parts of India, inactive role of the Appropriate Authorities, am-

biguity among some clinics that offer prenatal care services, and the role of a few medical

practitioners in disregarding the law. The Ministry of Health and Family Welfare of India

has targeted education and media advertisements to reach clinics and medical professionals

77
to increase awareness. The Indian Medical Association has undertaken efforts to prevent

prenatal sex selection by giving its members Beti Bachao (save the daughter) badges during

its meetings and conferences. However, a recent study by Nandi and Deolalikar (2013) ar-

gues that the 1994 PNDT Act may have had a small impact by preventing 106,000 female

foeticides over one decade.

According to a 2007 study by MacPherson, prenatal Diagnostic Techniques

Act (PCPNDT Act) was highly publicized by NGOs and the government. Many of the ads

used depicted abortion as violent, creating fear of abortion itself within the population. The

ads focused on the religious and moral shame associated with abortion. MacPherson claims

this media campaign was not effective because some perceived this as an attack on their

character, leading to many becoming closed off, rather than opening a dialogue about the

issue. This emphasis on morality, claims MacPherson, increased fear and shame associated

with all abortions, leading to an increase in unsafe abortions in India

The government of India, in a 2011 report, has begun better educating all

stakeholders about its MTP and PCPNDT laws. In its communication campaigns, it is clear-

ing up public misconceptions by emphasizing that sex determination is illegal, but abortion

is legal for certain medical conditions in India. The government is also supporting imple-

mentation of programs and initiatives that seek to reduce gender discrimination, including

media campaign to address the underlying social causes of sex selection.

Given the dismal Child Sex Ratio in the country, and the Supreme Court

directive of 2003 to State governments to enforce the law banning the use of sex determi-

nation technologies, the Ministry set up a National Inspection and Monitoring Committee

78
(NIMC). Dr. Rattan Chand, Director (PNDT) was made the convenor of the NIMC. The

NIMC under the guidance of Dr. Rattan Chand conducted raids in some of the districts in

Maharashtra, Punjab, Haryana, Himachal Pradesh, Delhi and Gujarat. In April, it conducted

raids on three clinics in Delhi. In its reports sent to the Chief Secretaries of the respective

States, the committee observed that the Authorities had failed to monitor or supervise the

registered clinics.

5.1 Law In India to Prevent Female Foeticide

1. The Indian Penal Code, 1860

2. The Medical Termination of Pregnancy Act, 1971

3. PC-PNDT ACT, 1994

4. Female Infanticide Act1870

The Indian Penal Code, 1860

Sections 312-316 of the Indian Penal Code (IPC) deal with miscarriage and

death of an unborn child and depending on the severity and intention with which the crime

is committed, the penalties range from seven years of imprisonment and fine to life impris-

onment.

Section 312. Causing Miscarriage

Whoever voluntarily causes a woman with child to miscarry, shall, if such

miscarriage be not caused in good faith for the purpose of saving the life of the woman, be

punished with imprisonment of either description for a term which may extend to three

years, or with fine, or with both, and, if the woman be quick with child, shall be punished

with imprisonment of either description for a term which may extend to seven years, and

79
shall also be liable to fine. Explanation:-A woman who causes herself to miscarry, is within

the meaning of this section.

Section 313. Causing Miscarriage Without Woman's Consent

Whoever commits the offence defined in the last preceding

section without the consent of the woman, whether the woman is quick with child or not,

shall be punished with [imprisonment for life] or with imprisonment of either description

for a term which may extend to ten years.

Section 314. Death Caused By Act Done With Intent To Cause Miscarriage

Whoever, with intent to cause the miscarriage of woman with child, does

any act which causes the death of such woman, shall be punished with imprisonment of

either description for a term may extend to ten years, and shall also be liable to fine.

If the act is done without the consent of the woman, shall be punished either

with [imprisonment for life or with the punishment above mentioned. Explanation: - It is

not essential to this offence that the offender should know that the act is likely to cause

death.

Section 315. Act Done with Intent to Prevent Child Being Born Alive or To Cause It

to Die After Birth.

Whoever before the birth of any child does any act with the intention of

thereby preventing that child from being born alive or causing it to die after its birth, and

does by such prevent that child from being born alive, or causes it to die after its birth, shall,

if such act be not caused in good faith for the purpose of saving the life of the mother, be

80
punished with imprisonment of either description for a term which may extend to ten years

or with fine.

Section 316. Causing Death of Quick Unborn Child by Act Amounting to Culpable

Homicide

Whoever does any act under such circumstances, that if he thereby caused

death he would be guilty of culpable homicide, and does by such act cause the death of a

quick unborn child, shall be punished with imprisonment of either description for a term

which may extend to ten years.

THE Medical Termination of Pregnancy Act, 1971

During the last thirty years many countries have liberalized their abortion

laws. The worldwide process of liberalization continued after 1980. Today only 8% of the

world's population lives in countries where the law prevents abortion. Although the major-

ity of countries have very restricted abortion laws, 41% of women live in countries where

abortion is available on request of women. In India, Shantilal Shah Committee (1964) rec-

ommended liberalization of abortion law in 1966 to reduce maternal morbidity and mortal-

ity associated with illegal abortion. On these bases, in 1969 Medical termination of preg-

nancy bill was introduced in Rajya Sabha and Lok Sabha and passed by Indian Parliament

in Aug. 1971. Medical Termination Of Pregnancy Act, 1971 (MTP Act) was implemented

from Apr.1972. Implemented rules and regulations were again revised in 1975 to eliminate

time consuming procedures for the approval of the place and to make services more readily

available. The MTP Act, 1971 preamble states" an Act to provide for the termination of

81
certain pregnancies by registered medical practitioners and for matters connected therewith

or incidental thereto".

The preamble is very clear in stating that termination of pregnancy would

be permitted in certain cases. The cases in which the termination is permitted are elaborated

in the Act itself. Moreover, only a registered medical practitioner who is defined in Sec.2(d)

of the Act as "a medical practitioner who possess any recognize medical qualification as

defined in Cl.(h) of sec.2 of the Indian Medical Register and who has such experience or

training in gynecology and Obstetrics as may be prescribed by rules made under this Act"

is permitted to conduct the termination of pregnancy. Also other matters connected there

with the incidental thereto are incorporated, for example, the question of consent of termi-

nation of pregnancy, the place where the pregnancy could be terminated, the power to make

rules and regulations in this behalf.

The Medical Termination of Pregnancy Act, 1971 was conceived as a tool

to let the pregnant women decide on the number and frequency of children. It further gave

them the right to decide on having or not having the child. However, this good intentioned

step was being misused to force women to abort the female child. In order to do away with

the lacunae inherent in previous legislation, the Pre-natal Diagnostic Techniques (Regula-

tion and Prevention of Misuse) Act was passed in 1994, which came into force in January

1996. The Act prohibited determination of sex of the foetus and stipulated punishment for

the violation of provisions thereof. It also provided for mandatory registration of genetic

counselling centres, clinics, hospitals, nursing homes, etc.

82
Pre-Conception and Pre-Nantal Diagnostic Techniques (Prohibition of Sex Selection)

Act, 1994.

Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994

is an Act of the Parliament of India enacted to stop female foeticides and arrest the declining

sex ratio in India

The Pre-Conception and Pre-Natal Diagnostic Techniques Act of 1994 has

banned pre-natal sex-determination. very genetic counselling centre, genetic laboratory or

genetic clinic engaged in counselling or conducting pre-natal diagnostics techniques, like

in vitro fertilisation (IVF) with the potential of sex selection (Preimplantation genetic di-

agnosis) before and after conception comes under preview of the PCPNDT Act and are

banned. The main objective of the act is the arrest the declining sex-ratio in India due to

rampant female foeticide.

Owing to the patrilineal line of succession regarding property rights as well

as cultural practices, the male child has always been preferred instead of the female child.

As such there was a tendency for families to continue producing children until a male child

was born, which only magnified India's overpopulated demographics. This was the norm

until the 1990's when the availability of ultrasound techniques lead to widespread practice

of pre-natal sex-determination. This lead to a rise of a Rs.1000 crore industry where medi-

cal professionals practice selective abortion for a price

Social discrimination against women and a preference for sons have pro-

moted female foeticide in various forms skewing the sex ratio of the country towards men.

Thus necessitating the passing of the PCPNDT act.

83
Salient features of the act

As per the act, sex selection is any act of identifying the sex of the foetus

and elimination of the foetus if it is of the unwanted sex.

Offences under this act include conducting or helping in the conduct of pre-

natal diagnostic technique in the unregistered units, sex selection on a man or woman, con-

ducting PND test for any purpose other than the one mentioned in the act, sale, distribution,

supply, renting etc. of any ultra sound machine or any other equipment capable of detecting

sex of the foetus. Main provisions in the act are

1. The Act provides for the prohibition of sex selection, before or after conception.

2. It regulates the use of pre-natal diagnostic techniques, like ultrasound and amnio-

centesis by allowing them their use only to detect: Genetic abnormalities, metabolic

disorders, chromosomal abnormalities, certain congenital malformations, haemo-

globinopathies and sex linked disorders.

3. No laboratory or centre or clinic will conduct any test including ultrasonography

for the purpose of determining the sex of the foetus.

4. No person, including the one who is conducting the procedure as per the law, will

communicate the sex of the foetus to the pregnant woman or her relatives by words,

signs or any other method.

5. Any person who puts an advertisement for pre-natal and pre-conception sex deter-

mination facilities in the form of a notice, circular, label, wrapper or any document,

or advertises through interior or other media in electronic or print form or engages

in any visible representation made by means of hoarding, wall painting, signal,

84
 light, sound, smoke or gas, can be imprisoned for up to three years and fined Rs.

10,000.

Amendment of PC-PNDT Act

Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994

(PNDT), was amended in 2003 to The Pre-Conception and Pre-Natal Diagnostic Tech-

niques (Prohibition of Sex Selection) Act (PCPNDT Act) to improve the regulation of the

technology used in sex selection.

Implications of the amendment are:

1. Amendment of the act mainly covered bringing the technique of pre conception sex

selection within the ambit of the act.

2. Bringing ultrasound within its ambit.

3. Empowering the central supervisory board, constitution of state level supervisory

board

4. Provision for more stringent punishments.

The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Mis-

use) Amendment Act, 2002, is endeavors to penetrate the social, legal, ethical and medical

veil of indifference towards the “Missing Girl Child”. This Act was passed in 1994 and

came into force from 1st January, 1996. It was further amended in 2003. This Act has been

divided into 8 chapters. It provides for the regulation of genetic counseling centers, genetic

laboratories and genetic clinics, regulation of pre-natal diagnostic techniques, central su-

pervisory boards, appropriate authority and advisory committee, registration of genetic

counseling centers, genetic laboratories and genetic clinics, offences and penalties. The

85
intervention of the Hon’ble Supreme Court in CEHAT, MAUSAM & Dr. Sabu Geroge v.

Union of India & Ors (AIR 2003 SC 3309) has elaborated the ambit of the law. Unfortu-

nately, this comprehensive and well thought over laws in the country has not been very

effective in combating the menace of the declining female child sex ratio in Madhya Pra-

desh.

Prior to the PCPNDT Act, the Medical Termination of Pregnancy (MTP)

Act was enacted. The act was implemented in the major states of India except Sikkim.

Under the act, abortion is legal if the preg- nancy that it terminates endangers the life of

the woman or causes grave injury to her physical or mental health or is likely to result in

the birth of a baby with physical or mental abnormalities or is a result of rape or contra-

ceptive failure. The act further states that abortions could only take place in government

approved health facilities specifically approved for conducting abortions and by registered

medical practitioners.

Sex determination technologies arrived in India in 1975 for determination

of genetic abnormalities after the enactment of the MTP Act. However, these techniques

came to be widely used for determining the sex of the foetus and subsequent abortions if

the foetus is female. In view of the widespread misuse this technique; the Maharashtra

government enacted the Maharashtra regulation of the Prenatal Diagnostic Techniques

(Regulation and Prevention of Misuse) Act, 1994 by the government of India.

The 1994 Act provided for the “regulation of the use of prenatal diagnostic

techniques for the purpo- se of detecting genetic or metabolic disorders, chromosomal

abnormalities or certain congenital malfor- mations or sex linked disorders and for the

86
prevention of the misuse of such techniques for the purpose of sex determination leading

to female foeticide and for matters connected therewith or incidental thereto.

” Except under certain specific conditions, no individual or genetic coun-

seling center or genetic laboratory or genetic clinic shall conduct or allow the conduct in

its facility of, pre-natal diagnostic techniques inclu- ding ultra-sonograpgy for the purpose

of determining the sex of the fetus; and “no person conducting pre- natal diagnostic pro-

cedures shall communicate to the pregnant women concerned or her relative the sex of the

foetus by words, signs or in any other manner.” The Act provides for the constitution of

the Central Supervisory Board (CSB) whose function is mainly advisory and for the ap-

pointment of an Appropriate Authority (AAs) in States and Union Territories to enforce

the law and penalize defaulters and Advisory Committee/s (ACs) to aid and advise the

AAs.

The law was amended in 2003 following a Public Interest Litigation field

in 2000 to improve regu- lation of technology capable of sex selection and to arrest the

startling decline in the child sex ratio as re- vealed by the Census 2001. The amended Act

now called “The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex

Selection) Act” not only prohibits determination and disclosure of the sex of the foetus

but also bans advertisements related to preconception and pre-natal determination of sex.

All the technologies of sex determination, including the new chromosome separation tech-

niques have come under the ambit of the Act. The Act has alos made mandatory in all

unltrasonography units, the prominent display of a signboard that clearly indicates that

detection/revelation of the sex of the foetus is illegal. Fur- ther, all ultrasound scanning

87
machines have to be registered and the manufacturers are required to furnish information

about the clinic and practitioners to whom the ultrasound machined have been sold.

Prior to the disposal of the PIL, among other things, the Supreme Court in

its order dated December 11m 2001 directed 9 companies to supply the information of the

machines sold to various clinics in the last 5 years. Details of about 11,200 machines form

all these companies were fed into a common database. Ad- dresses received from the man-

ufactures were also send to concerned States and UTs to launch prosecution against those

bodies using ultrasound machines who had failed to get themselves registered under the

Act. The Court in its order dated January 9, 2002 directed that ultrasound machines/ scan-

ners be sealed and seized if they were being used without registration. Three associations

viz. the Indian Medical Association (IMA), Indian Radiologist Association (IRA) and the

Federation of Obstetricians and Gynecologists Socie- ties of India (FOGSI) were asked to

furnish details of members using these machines,

Since the Supreme Court directives of 2001 to March 2006, 28,422 facili-

ties offering ultrasound tests have been registered across the country as per information

received. 384 cases are currently field for va- rious violations under the Act, including the

communication of the sex of the foetus, non-maintenance of records and non-registration.

The PNDT Act, 1994 was enacted to be a weapon to combat the decline in

the child sex ratio by arres- ting the misuse of technology. This Act restricts the medical

practitioners from testing and determining the sex of the foetus. It further empowers the

Government to take appropriate action in light of any violation of the Act. Initially due to

lack of awareness and institutional indifference the Act failed to realize its objective to the

88
fullest. The PNDT Act, 1994 was amended in the year 2002. After amendment, this Act

is called the pre-conception and pre-natal diagnostic techniques (prohibition of sex selec-

tion) Act, 1994. Timely inter- vention by the Courts, Civil Society and Government has

given an impetus to the implementation of the Act in letter and spirit.

With the passage of time various gaps have been identified in the Act.

These are both at the inter- pretation as well as at the level of implementation. Different

stakeholders are actively contributing to plug these gaps and make add to the effectiveness

of the Act. These legislative intents are a reflection of the provisions of the Constitutions

which embodies various provisions guarding the interests of the women and children. Di-

rective Principles of State Policies spearheads the cause of women and child welfare. Art.

39(a) provides, all citizens, irrespective of sex, equally have the right to an adequate means

of livelihood. It has been observed that in a civilized society, the importance of child wel-

fare cannot be over-emphasized because the welfare of the entire nation depends on the

well-being of its children.

The Legal Loophole and Lost Laurel

An indepth analysis of the case reflects that, though the PNDT Act 1994 was amended

and the amendment Act came into force in January 2003, no significant impact of the Act

was felt at the grassroots level because of the difficulties associated with the implementa-

tion of the Act. There is an avid ignorance about the Act among different stakeholders.

1. The Appropriate authorities and the Advisory Committees throughout the State

should be made aware of the provisions of the Act as well as the Rules. A copy of

the relevant judgment from dif- ferent districts of Madhya Pradesh should also be

89
 provided to them. A comparative approach will enable them to properly implement

the provisions of the Act. The Appropriate Authority has been empowered to grant,

suspend or cancel registration of a Genetic Counselling Centre, Genetic La- bora-

tory or Genetic Clinic. In addition to they can enforce the standards prescribed for

a Genetic Counseling Centre, Genetic Laboratory and Genetic clinic. Evidently,

sufficient powers have been given to the Appropriate Authorities. A look at the

cases sub-judice or decided in the Madhya Pra- desh reflects some drawbacks in

taking of cognizance by the concerned Appropriate Authorities.

2. In the State of Madhya Pradesh a award scheme has been introduced to encourage

people to inform the Appropriate Authorities regarding any practice which is in

contravention to some provisions of this Act. This award scheme has proved to be

of not much use due to the delay in framing of charges.

3. In most of the cases the quantum of punishment is negligible as compared to the

benefits reaped by the accused. The punishment given is too less and it nowhere

acts as a deterrent. Bearing this in mind the provisions of the Act should be

strengthened. The practice of sex-selection should be a high risk offence. The prob-

ability of conviction and punishment will prove effective in arresting the spread in

the sex determination practices in Madhya Pradesh.

4. There have been numerous cases when the ultrasound machine has been seized by

the Appropriate Authority. As per the provisions of the PCPNDT Act, if the Ap-

propriate Authority seizes any ultra- sound machine or other equipment of detect-

ing sex of foetus, which is used by an organization not registered under the Act,

the machine of the organization is released only on payment of penalty equal to 5

90
 times the registration fee and on such organization giving and undertaking that it

will not indulge in the detection of sex of foetus or selection of sex before or after

conception. This provision takes away the fear or deterrence out of the Act. It

simply conveys that on payment of a minimum amount and on writing of an un-

dertaking the individual may continue with his work. This Rule should either be

deleted or amended in order to stop encouraging the perpetrators of this crime to

violate the provisions of this Act.

5. In most the cases during search and seizure the Appropriate Authorities found

loopholes in the filling of the Form F. These forms are preliminary documentary

evidence in order to ascertain the identity of the patients. Due to improper docu-

mentation, it becomes difficult to trace the women and ascertain whether sex se-

lective abortion was conducted after the ultrasonography. Improper maintenance

of records is an offence under the PCPNDT Act. The Courts have shown dealt with

these contraventions of this provision very leniently. This in turn has encouraged

the owners of these ultrasonography centers to flout the rules. The mandatory sub-

mission of From F by all clinics to the Appropriate Authorities as per rule 9(8) will

act as a check and will allow a periodic assess- ment of the Clinics. In case these

records are not maintained immediate legal proceedings should be initiated against

these Clinics. It should be borne in mind that the mismanagement of Form F is

minor problem pertaining to documentation. It may reflect the nefarious practice

of sex selective elimination of daughters through the active participation of the

ultrasound clinic owners.

6. As a matter of fact for any law to act as a deterrent it is important that there is a

91
 good rate of con- viction. During the legal analysis it was observed that the rate of

conviction has been very low in Madhya Pradesh. There are different ancillary

reasons for the same. Most importantly, there seems to be an inability to appreciate

the gravity of the problem on part of the Judicial Officials, Prosecu- tion Officers

and the Appropriate Authorities.

Preliminary investigation and study of the cases establishes the lackadaisi-

cal approach of the sta- keholders namely, Appropriate Authority and Prosecution Offic-

ers. The Appropriate Authority has been assigned the primary task of taking action against

the errant doctors or medical practitioners. It can grant, suspend or cancel registration of

a Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic.

It further can grants, suspend or cancel registration of a Genetic Counseling

Centre, Genetic Laboratory and Genetic Clinic. Most importantly, it is powered under the

Act to investigate complaints of breach of the provisions of this Act and to take immediate

action. This action involves suo moto action in case of complains brought to its notice and

also to initiate independent investigations in the particular matter. In most of the above

stated cases fundamental loopholes where found in the filing of the complaint.

Section 22 prohibits advertisement relating to the pre-conception and pre-

natal determination of sex and punish- ment for contravention. The term of punishment

under this Section is imprisonment for a term which may extend to three years and with

fine which may extend to ten thousand rupees. On the other hand under Section 25 pun-

ishment extends to three months or with fine, which may extend to one thousand rupees

or with both in the case of continuing contravention with an additional fine which may

92
extend to five hundred rupees for every day. Contraventions under Section 22 are deliber-

ately registered under Section 25 in order to save the medical practitioners from more

trouble.

Reportedly, a nexus works behind the curtains to pre- vent the filing of the

complaint under Section 25. Paying the meager amount of one thousand rupees has proved

to be an escape route for money minting doctors. The impact of the Act is further com-

promised due to the role assigned to the Chief Health and Medical Officer. The Chief

Health and Medical Officer share a professional proximity to the accused doctor. This

proximity curbs his efficiency in adequately playing his role.

PCPNDT Act provides for the maintenance of records in respect of preg-

nant woman by genetic clinic/ultrasound clinic/imaging centers. This Form requires the

recording of the patient’s name. Collabo- ration between the doctor and the patient results

in recording of distorted information in the Form F. Re- sultantly it makes it impossible

to trace the pregnant woman and establish the course of action adopted by her.

The writer is as a member of the State Advisory Committee regarding the

implementation of PCPNDT Act of the Govt. of Madhya Pradesh as well as a member of

the District Monitoring Committee has access to date generated by government. In fact,

as a member of Monitoring Committee he has the experience of visiting more than 100

Hospitals, Infertility Centres, Genetic Counseling and USG Centres etc. where there in-

struments to detect the sex of the foetus are placed over a period of two years.

A preliminary ob- servation and analysis of his experience are discussed

below.

93
Some of the Common Loopholes in The F Forms Are Illustrated Below

1. The F Form had wrong registration number written on it at one of the Centers.

2. Addresses were incomplete.

3. Name of the Doctor by whom the patient has been referred is written but the address

is missing.

4. Referral slips were missing at few of the centers.

5. All clients being self referred at few centers.

6. Indication of prenatal diagnosis has been mentioned in all the forms as fetal well

being in some centers and completely missing a few.

7. The result of sonography is not mentioned as normal/abnormal, only the weeks of

gestation are written in places of results.

8. At few centers the results of USG was completely missing.

9. At one of the centers, results of the sonography were written as ‘no’ on all of the F

Forms.

10. Results of the USG informed to whom and when was no filled in. on any of the F

Forms at few of the centers.

11. Few of the centers did not have Name & Registration No. of the Radiologist/Gy-

necologist/RMP, who performed ultrasound and few did not have Name, Regis-

tration no. and signature of the Gynecologists/Radiologist. Director of the clinic

on F Forms.

12. Declaration by the doctor performing the USG was not there on F Forms of the

September month at one of the centers.

13. Declaration by the doctor performing the USG has not been typed on F Forms, the

94
 seal has been put and then it is signed at few centers.

14. MTP Records were not properly maintained at the centers performing the proce-

dure. The indi- cation for the MTP is not stated and the number of sex of the issues

is not mentioned in any case.

The Monitoring Committees in Bhopal, the capital city of Madhya Pradesh made the

following observations-

1. The common finding at 5 branches of one of the biggest centers of Bhopal was

that there were 7 USG machines gone missing which were entered on the

PCPNDT Registration Certificate. On asking, it was told that they have been

disposed off to Kawadi (waste collectors) as they were out of order. There were

no documents of disposal and no information was given to the Appropriate Au-

thority.

2. Doctor’s certificates of qualification and the state medical council registration

certificates were not displayed at many centers. They were kept in the

file/drawer etc. Some places it was not avai- lable at the centers.

3. At few Centers it was noted that OBG postgraduate doctors are doing the

USG’s was 1 to 3 trai- ning.

4. It was noted that even IVF centers are not doing invasive procedures.

5. Display boards stating ‘detection of sec of the fetus is not done here and it is a

legal offence, was displayed at prominent place in Hindi only at most of the

centers.

6. Many centers did not have a copy of the PCPNDT Act.

7. MTP Registration Certificates not displayed/not available on the centers

95
 performing the proce- dures.

8. Some centers did not maintain separate ANC Registers.

9. Review of the reports and records of the last three months shows that there was

delayed sub- mission of the monthly reports to the District Appropriate Author-

ity at few centers, with proper acknowledgements available.

Authorities Empowered and Pertinent

1. The appropriate Authorities at the District and State levels are empowered to search,

seize and seal the machines, equipments and records of the violators.

The sale of certain diagnostic equipment is restricted only to the bodies registered

under the Act.

2. Government has also taken various steps to support implementation of the legisla-

tion, including through constitution of a National Inspection &Monitoring Commit-

tee (NIMC), Central and State Supervisory Boards, capacity building of implement-

ing agencies, including the judiciary and public prosecutors and community aware-

ness generation through PRIs and community health workers such as Auxiliary

Nursing Midwives (ANMs) and Accredited Social Health Activists(ASHAs).

3. The Act has a central and state level Supervisory Board, an Appropriate Authority,

and supporting Advisory Committee. The function of the Supervisory Board is to

oversee, monitor, and make amendments to the provisions of the Act. Appropriate

Authority provides registration, and conducts the administrative work involved in

inspection, investigation, and the penalizing of defaulters.

4. The Advisory committee provides expert and technical support to the Appropriate

Authority. Sec. 6 of the said Act, clearly says that determination of sex is prohibited.

96
 Sec. 22 prohibits advertisements relating to pre-natal determination of sex and pun-

ishment for contravention. Sec. 23 (3) of the said Act, lays down that any person

who seeks the aid of a genetic counseling centre, a genetic laboratory or a genetic

clinic, or of a medical geneticist, gynecologist or registered medical practitioner,

for applying pre-natal diagnostic techniques on any pregnant women (unless there

is evidence she was compelled to undergo such diagnostic techniques) for purposes

other than those specified, shall be punishable with imprisonment for a term that

may extend to 3 years and with a fine which may extend to Rs.10,000 and any

subsequent conviction may involve imprisonment which may extend to 5 years and

a fine of up toRs.50,000.

5. Before conducting any prenatal diagnostic procedure, the medical practitioner must

obtain a written consent from the pregnant woman in a local language that she un-

derstands. Prenatal tests may be performed in various specified circumstances, in-

cluding risk of chromosomal abnormalities in the case of women over 35, and ge-

netic diseases evident in the family history of the couple.

Female infanticide act 1870

The Female Infanticide Prevention Act, 1870, also Act VIII of 1870 was a

legislative act passed in British India, to prevent murder of female infants. The Section 7

of this Act declared that it was initially applicable only to the territories of Oudh, North-

Western Provinces and Punjab, but the Act authorized the Governor General to extend the

law to any other district or province of the British Raj at his discretion.

97
 The British colonial authorities passed the Female Infanticide Prevention

Act 1870, under pressure of Christian missionaries and social reformers seeking an end to

the incidences of female infanticides in South Asia. The law’s preamble stated that the

murder of female infants is believed to be commonly committed in certain parts of British

India, and these were Oudh, North-Western Provinces and Punjab. The Act initially applied

to these regions.

The law authorized the creation of a police force to maintain birth, marriage

and death registers, to conduct census of the district at its discretion, enforce a special tax

on the district to pay for the expenses and entertainment of said police officers. The Act

also stipulated a prison sentence of six months or a fine of thirty thousand rupees, or both,

on anyone who disobeyed or obstructed the police officers enforcing the Act. Section 6 of

the Act allowed the police officer to seize a child from any person he suspects may neglect

or endanger any female child, as well as force collect a monthly fee from that person.

98
 CHAPTER 6

CONCLUSION AND SUGGESTIONS

6.1 Conclusion

In India, primarily in rural communities, the individuals do not appreciate

the birth of girl children and implement the acts of female foeticide and female infanticide.

These are the criminal and violent acts against girls. Foeticide is the killing of a female

child, even before she is born. Whereas, female infanticide is killing of the female children

within one year of birth. One of the major causes that these acts have been put into operation

are, the individuals give preference to male children and do not appreciate the birth of the

girls. These acts deprive the girls of the basic right, which is the right to live. In order to

lead to well-being and progression of the individuals and growth and development of com-

munities and nation as a whole, it is necessary to formulate measures, laws and policies to

eliminate these acts. The individuals, belonging to rural communities and deprived, mar-

ginalized and economically weaker sections of the society are the ones, who need to be

adequately aware in terms of these measures, policies and laws.

Individuals are aware of the high infant mortality rates in developing coun-

tries. But what the individuals are unaware about is that in many cases, the infant deaths

are not natural. The primary causes that have led to an increase in the infant mortality rates

are, lack of adequate nutrition, medical and health care facilities and unawareness on the

part of their parents in terms of the ways that need to be implemented in order to lead to

their effective growth and development. Female foeticide and female infanticide are crim-

inal and violent acts against female children. Foeticide is the killing of a female child, even

99
before she is born. Whereas, female infanticide is killing of the female children within one

year of birth. Advanced technologies like Amniocentesis and Ultra Sonogram test are done

for the determination of the sex of the unborn foetus. The tests can detect various genetic

abnormalities in the unborn foetus, so as to be followed by an abortion, if the abnormalities

are incurable or irreversible (Female Foeticide and Infanticide, n.d.).

Since independence, India has progressed in various fields of science and

technology. What remains the same is the discrimination against a girl child and people’s

treatment in relation to the fairer sex. Discrimination of girl child, parents’ neglect towards

her, illegal abortions and female infanticides are the most obvious instances of this.

Female foeticide is the most common practice to eliminate a girl child from

entering into the family. It is a process of finding out the sex of the foetus and then termi-

nating it if it is a girl. Although, this practice is illegal but it is being carried on from time

immemorial and has now become a culture in various families.

In India, sons are preferred over daughters because they are the ones to up-

hold and carry on the family name, family business and will keep up with the family legacy.

Sons are considered to be mentally, physically and emotionally stronger than daughters

who are presumed to be fine and delicate. It is presumed that only sons are capable of

looking after the family business and a woman’s only place is in the household. She is

supposed to prepare food for the family, do all the household works and is expected to give

birth to male children. There have been certain cases in India where if a woman gives birth

to a female child, she is murdered by her husband and his family along with her child.

100
 Therefore, the growing concern for our country right now is the increasing

menace in the skewed sex ratio. There is a huge imbalance between males and females due

to the illegal acts of female trafficking, female foeticide and infanticide, sexual assaults,

etc. because of which India has no longer become a safe place for women to reside in.

Civilization without women is impossible. A woman is an important part of

the basic unit of the society. She is responsible for bringing a life into her family and that

life can be of any gender. This means that male existence is not possible without female

existence. But still, in today’s households, husband has greater power and a greater status

that the wife.

A woman’s life is akin to slavery, although she is worshipped as a deity in

homes. United Nations reports reveal that women constitute half of the world’s population.

About 2/3 of the world’s female population is manhandled by husbands. In India, most of

the mothers-in-law are cruel towards their daughters-in-law and countless young wives are

burnt to death if they do not fulfil the dowry demands put up to them.

Female foeticide occurs every year in some rural communities. The Gov-

ernment of India and various state governments have implemented measures and programs

to alleviate this criminal act. The states, where this problem is prevalent are Tamil Nadu,

Rajasthan, Punjab, Haryana and Bihar. The individuals need to generate awareness that

instead of killing the girl children, they need to form positive viewpoints and pay attention

towards their effective growth and development (Female Foeticide and Infanticide, n.d.).

One of the major causes for the practice of this act is, girls are considered as

liabilities and individuals prefer male children. Therefore, it is vital for them to augment

101
their understanding in terms of the fact that girls should be regarded as assets. When parents

pay attention in leading to their effective growth and development, they can render a sig-

nificant contribution in promoting well-being of their families and communities. Therefore,

it is vital to eliminate the acts of female foeticide and female infanticide. In other words,

girls should be allowed to live.

In conclusion, we must respect the daughters of our country. Also, they must

be given the same priority as their sons. Girls do not have access to education, healthcare

and more as the boys do. This is why parents consider them a burden. Therefore, all these

facilities must be made accessible to them for the same. This will help them create an iden-

tity of their own.

Your daughter's name is Forthcoming, and your mother's name is Past. This

is the reality: Without Girl Child, There Is No Present, No Past, And No Future. Female

foeticide is the act of committing suicide by a woman. So, safeguard the girl child and

ensure the future of the world's children. The consequences of female feticide will be dan-

gerous. According to demography projections, India would face a shortage of brides in the

marriage market in the next twenty years, owing to the unfavourable sex ratio.

Female foeticide everyday genocide. It’s enough now, disturbing figures,

incident should be eradicated from civilized society. We all should be ashamed of this evil

practice of selective death.” Death before birth “There is an urgent need to alter the demo-

graphic composition of India’s population and to tackle this brutal form of violence against

women.

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 The enactment of any law is not sufficient, laws must be adhered to and

applied rigorously, before any change in the status of women can take place. In spite of the

Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act umpteen incidences of

female foeticide are taking place in India. There is still utmost controversy as to who will

serve as the watchdog to control the misuse of the practice of female foeticide. Promoting

gender balanced society involves targeting behavioural changes in society which in turn

involves a long term community based intervention, awareness programmes, programmes

to promote girl children’s right, addressing myths related to sons/ daughters and concerted

efforts to change the mindset of people.

Sensitization of medical practitioners, enforcing a system of ethics in the

medical profession and monitoring of medical services available to people is an urgent

need. It is indeed time to energize efforts to put genders equality at the top of development

agenda and contribute in whatever way we can to give opportunities to girl children to

bloom and shine.

A feeling has to be inculcated in the minds of the people that she is the

daughter, she is the sister, she is the mother and she is the life partner of a man.

The National Plan of Action for the South Asian Association for Regional

Cooperation (SAARC) Decade of the Girl Child (1991-2000)Seeks to ensure the equality

of status for the girl child by laying down specific goals for her dignified survival and

development without discrimination. The codified law world over considers human life as

sacred and specific legal provisions have been devised to protect the life of the born and

the un-born.

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 Evidence indicates that the problem of female foeticide is more prevalent in

orthodox families. It is, therefore, essential that these socio-cultural factors be tackled by

changing the thought process through awareness generation, mass appeal and social action.

In addition to this all concerned i.e. the religious and social leaders, voluntary organiza-

tions, women‘s groups, socially responsible media, the doctors; the Medical Council/As-

sociation (by enforcing medical ethics and penalties on deviant doctors) and. law enforce-

ment personnel should work in a coordinated way.

Ironically, female foeticide takes place in a country where people worship

various forms of Goddesses, and where females are considered as Maa Laxmi’s incarnation

and where young girls are worshipped and people touch their feet for blessings. But even

then, the intentional killing of the girl child continues. Such is the double standards of our

society. Right to education, health and empowerment are the fundamental rights of every

Indian woman. The horrible illegal practice of female foeticide has to be stopped by harsh

laws and change in the mind-set of the people. Save the girl child for a better tomorrow.

India has globally become a force to reckon with and this makes each one

of us very proud. But there still are some ugly truths that need our attention and it’s high

time that we stop turning a deaf year towards them. Female infanticide is one such social

issue.

Female foeticide is a heinous crime. In simple terms, it is a deliberate at-

tempt to kill newborn female children within one year of their birth. It is a century old

phenomena caused by social evils likes poverty, illiteracy, child marriage, dowry system,

births to unmarried women, female genital mutilation, famine, maternal illness, sex-

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selective abortion, etc. These barbaric practices are still rampant in India, forcing people to

commit social evils like female infanticide, female feticide, and sex-selective abortion.

In spite of being criminalised, it is one of the most under-reported crimes.

Girl children in India often face various challenges from their childhood to their adulthood.

On every step, girls face more rejection, discrimination, and fear than boys. This might not

be evidently visible, but it is true. Sex ratio in India is rapidly decreasing. This is mostly to

do with what is the ‘value’ of a girl child in India. There is a strong preference for male

children than female children.

India as a society is insecure. Girls are not safe and girls from poverty-

stricken families are even more vulnerable. They are often subjected to different kinds of

harm, neglect, and violence in the form of abuse, harassment, domestic violence, rape, etc.

Most Indians have stereotyped opinions about girls. They are socialised to believe that girls

will eventually get married and go to another household and serve them. Therefore, girls

are often considered a financial burden. Educating them is not deemed necessary and their

opinions don’t matter. This is one of the major reasons for preferring a son over a daughter.

The need of the hour is to change such narrow mindsets of people. This will

help in empowering females. The government of India is trying to come up with various

schemes to reduce discrimination against females and to change the preconceived notions

people have about them. ‘Beti Bachao, Beti Padhao’ is one such initiative that aims at

providing survival, safety, and education to girl children.

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 Save the Children is a leading child rights non-government organisation

(NGO). We work hand-in-hand with the government and the communities to ensure that

every girl child gets a happy, protected, and safe childhood and a bright future.

Government alone cannot bring about the change we seek in our society.

We all have to join hands in doing so. By supporting us you can not only avail tax benefits

but also be heartened to know that you are one of the reasons that the girls in India are

getting empowered. Educated and empowered girls will eventually grow up to be confident

and independent women who will contribute towards our society and will be in a capacity

to add millions to the Indian economy.

In a “normal world,” the female population equals or slightly surpasses the

number of males. Except in India, that is, where the situation is just the opposite, where the

gender ratio — or the number of females to males — is known to be among the most im-

balanced in the world especially among the people representing higher economic order. 35

million fewer females than males were registered in India over this particular decade. The

census also revealed that the phenomenon has reached high proportions in states which had

no prior history or practice of female infanticide, or where forms of discrimination against

girls were not strongly evident earlier.

Among economically rich communities amniocentesis and other diagnostic

techniques are viewed as important ways of arriving at a ‘balanced family’, which in turn,

has reduced the birth rate and controlled population growth in such communities. If an

equal representation of a male and a female child for an economically well of couple can

be considered as constituting a ‘balanced family’, the presence of only male children should

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not be considered as ‘balanced family’. A considerable percentage of parents in rich com-

munities still argue that female foeticide is a powerful method of lowering the birth rate

without coercion. But” is not female foeticide coercion?”

Female foeticide is a unique form of violence against women. The word

“abortion” has meaning “Offensive” and truly, the practice made to take away the whole-

ness of a woman is an offense which resorts to taking away the life of her own unborn child.

Millennium development goals highlight the priority accorded to gender

equality in economically well of communities and women’s right as core issues of devel-

opment. However, in northern India social group with strong patriarchal norms and high

degree of son preference predominantly represent higher economic ladder. For instance,

the natural biological laws of human reproduction of mankind for balancing its natural sex

ratio, has been distorted by man-made norms, customs, traditions, religious beliefs and

more recently by sophisticated medical technology to result lower sex ratio in India . The

reason of ‘son-mania’ appears to be the socio-cultural, economic and political ones.

Female Foeticide is a slur on the face of our nation. In India, she is not al-

lowed to take birth and if unfortunately, she takes birth then she is killed by other methods.

In case she survives, she faces other traumas like dowry deaths, sexual harassment etc. The

situation today is so alarming that there is an urgent need to turn the minds of people by

creating awareness that child should be accepted as gift of god.

We should get rid of this ‘’ Bta Hona Chahiye’ and adopt ‘ Betian Hamari

Jaan’. We should not commit same mistakes of our forefathers. Steps should be taken to

107
help the missing girl child for balancing sex-ratio and therefore balancing nature. After all,

we are responsible for this imbalance.

In the era of high mass consumption (Rostow, 1968) the discourse on the

parity of sexes and efforts to achieve’ gender neutral doctrine of development’ acquaints

one with the contours of modernity. But with the rise of ‘third wave of feminism’ and the

advent of ‘postmodern condition’ (Lyotard 1984), the debate has taken a decisive and

definite turn. Questioning the doctrine of homogeneity and parallelism the postmo- dern

thinking has focused on plurality of traditions and diversity of identities. According to this

world view the question of gender is not merely about the status of women but a question

of ethics, morality, rights and of responsibilities, the fundamental cannons of living in a

civil society, and principles of jurisprudence.

However, the question of women in general and gender in particular need

not be addressed sepa- rately and in isolation. Rather it will run counter to a sensitive and

actual portrayal of the reality. The best illustration of dualism and callousness can be

viewed from the fact that the capacity to bear children is in many senses the most creative

of all human potentialities. It is also a social necessity.

Yet far from being valued, women’s unique reproductive function has gen-

erally been used as a pretext for stigma and exclu- sion from public life. The reason for

this lies deep in the history of women’s subordination to men. As we have seen, throughout

history, women have been portrayed as naturally and all-pervasively reproductive crea-

tures, a convenient justification for imprisoning women in domestic life. This essentially

male pers- pective on the role of the childbirth has been a major factor contributing to the

108
perpetuation of women’s subordination’ (O’ Brien 1988).

Over the last decade or so, the phrase ‘women’s rights as human rights’ has

been used to explore, assert and redress the gap between the stated international commit-

ment to equality for women and the actual experience of women (Bell 1999). But very

little has been done in the face of wider disparities that exist among various women groups

culturally and socially.

Consequently, one can perceive vast differences in the cognitive, connota-

tive and consumption pattern of women residing in different spheres of social and eco-

nomic layers. In a world divided in terms resources, opportunities and consumption pat-

tern reflecting in the growing chasm between the poor and the rich, the victims of exploi-

tation and oppression have lar- gely been the women of third world countries in general

and the lower section among them in particular.

6.2 Suggestions

There are few suggestions to tackle the problem of Female Foeticide

1. Introduction of stringent laws by punishing guilty with rigorous imprisonment.

2. Modern Technology should not be misused.

3. By improving Pre-Natal Diagnostic Law.

4. The Status of woman should be raised.

5. By educating masses about consequences of Female Foeticide.

6. One – Child Norm should be introduced.

7. Government and Medical Practitioners can play a major role in creating awareness

among masses regarding ill-effects of Female Foeticide.

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 8. There should be a strict ban on Dowry System.

The ever-deteriorating sex ratios of different states and the limited convic-

tions and prosecutions under the PCPNDT Act bring to attention the necessity of mobiliz-

ing political will and ensuring proper implementation of the provisions of the Act as a step

forward in curbing the evil of foeticide. However, as the crime is borne out of the crooked

perceptions of the society rather than any notion of law-breaking, it is essential to attack

the problem with a different approach.

It is believed that financial enticements by means of cash transfers to parents

of girl children to educate her or help in her marriage finances through schemes like Dhan

Lakshmi, could prove to be helpful in changing the opinion of women as mere burdens,

and drive a excess of reactions leading to betterment of the position and status of women

in the society.

We cannot imagine a society in the future without females. The society

won’t be able to flourish to its fullest, it is important to understand that women help build

society. Enactment of legislations by the government on this behalf is not sufficient and

merely law won’t make any difference64.Orthodox views regarding women need to be

changed. The PNDT Act should penalize and punish the violators of this crime strictly. The

malicious acts of female feticide and coercive abortions have to end before women becomes

endangered species.

Yes, the first thing we need to do change people thinking who think girls

cannot change the world. We should not forget “a man takes birth from a woman”. So a

female can do all the things that a man can do perfectly. Our mother also needs to take a

110
step forward and report to your husband or any in-law family member who say about fetus

abortion due to a just girl in the womb.

Need for girls nursing same as we do for boys and train them for life chal-

lenge and career, not just for housewife and baby-makers. For the same here are a few

suggestions that can be adopted from our side in order to curb the problem of Female foe-

ticide and for the removal of this practice in Indian society is a serious challenge. It must

involve

1. Cancellation / permanent termination of the doctor’s license who participates in

fulfilling a client’s demand to do away with her girl child.

2. Heavy penalty imposed on companies like GE that specialize in marketing medical

equipment used for illegal sex determination and abortion in unlicensed clinics and

hospitals.

3. High fines and judicial action against „parents‟, who knowingly try to kill their un-

born baby.

4. Widespread campaigns and seminars for young adults and potential parents to en-

lighten them about the ill effects of female feticide. Ignorance is one of the major

causes for the increase in the selective sex abortion cases. Spreading awareness can

go a long way in saving our future sisters, mothers, friends and wives.

5. High incentives for the education of the girl child, employment etc.

6. Equal rights for women in the property of the parents / husband.

7. Prepare the youth to move away from this social vice.

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8. Working for the empowerment of women and strengthening of women‟s rights

through campaigning against practices such as dowry, and ensuring strict imple-

mentation of existing legislation.

9. Ensuring the development of and access to good health care services.

10. Inculcating a strong ethical code of conduct among medical professionals, begin-

ning with their training as undergraduates

11. Simple methods of complaint registration, accessible to the poorest and most vul-

nerable women.

12. Wide publication in the media of the scale and seriousness of the practice. NGOs

should take a key role in educating the public on this matter.

13. Regular assessment of indicators of status of women in society, such as sex ratio,

and female mortality, literacy, and economic participation.

14. Need to make strong & strict, and world level law so that everybody thinks about

the punishment before doing this vital crime. Need to take strong action again doc-

tors, labs, and hospitals where cases like abortions take places.

15. It is only by a combination of monitoring, education campaigns, and effective legal

implementation that the deep-seated attitudes and practices against women and girls

can be eroded.

16. We must avoid religious teachings and the advocate and aware the society of a sci-

entific, and humanist approach.

17. The empowerment of women and a strengthening of women’s rights through cam-

paigning against anti social practices such as dowry, sati, child marriage, sex deter-

mination and ensuring strict implementation of legal rules and law.

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 18. Central and State Government must ensure the development of and access to good

health care services for the rural and urban population.

19. Inculcating a strong ethical code of conduct among medical professionals, begin-

ning with their training as undergraduates help in stopping them from misuse of

their training.

20. Simple methods of complaint registration, accessible equally to the poorest & rich-

est and most vulnerable women of the country.

21. Widespread publicization in the media of the scale and seriousness of the practice.

NGOs, GOs at National & State Level and other social workers should take a key

role in educating and aware the public on this matter.

22. Regular assessment of indicators of status of women in society, such as sex ratio,

and female mortality, literacy, and economic participation is made to have up to

date information.

23. It is only by a combination of Proper monitoring, Education campaigns, and Effec-

tive legal implementation that the deep-rooted attitudes and practices against

women and girls can be eroded from the society.

Proper education can help prevent this shameful activity. More importantly,

the women of both rural and urban areas need to have a proper access to education. Educa-

tion gives women freedom, self empowerment and authority.

They can take their own decisions and thus offend such illegal practices. An

educated mother can protect her child by rightfully fighting against female foeticide and

113
taking strict actions against the people who force her to do so. When a girl goes to school,

she gets aware about her fundamental rights and about lawful practices.

Complete prohibition of the Dowry system: It is a vicious cycle which takes

place in our society. Many people abort their girl child due to the dowry system practiced

in their native areas.

Dowry is given by a girl's family to the boy’s during her marriage. This puts

a lot of pressure on the girl’s family including debts and loans. Therefore, people avoid

having a girl child and hence terminate pregnancy by illegally asking doctors about the sex

of the child. If the awareness is created regarding the illegal dowry system and is completely

prohibited then female foeticide can be stopped.

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