| Female foeticide refers to sex selective
abortion, conducted to avoid birth of girl child. Female foeticide
begins with the illegal determination sex of the foetus. This is
followed by illegal termination of pregnancy. Thus there is violation
of two laws in female foeticide. Firstly there is illegal determination
of sex of the foetus. Secondly there is illegal termination of pregnancy.
Female foeticide disturbs the natural sex ratio in society and
reduces number of women as compared to men in society. Clearly
in couple of decades, such sex selective abortions could lead
to a situation where men may not find brides to marry. This could
lead to trafficking of women, or worse violence against women.
Female foeticide has multiple causes. Apart from the excessive
value placed on male child to carry family lineage, there is a
perceived economic loss due to a girl child. Firstly marriage
expenses are high. Secondly dowry continues as a practice despite
laws against it.
Sex selective abortions began in early 1980s with technologies
such as amniocentesis, which permitted determination of sex of
the foetus. However with arrival of ultrasound technologies, determination
of sex of the foetus became much easier and non invasive. This
has led to proliferation of female foeticide cases from early
1990 to 2000, despite enactment of law – PNDT Act - against
female foeticide in 1994 and amendment of same in 2003.
Female foeticide is very widely prevalent, despite laws against
it. On an India level almost 5% of female fetuses are illegally
aborted. However, this masks the fact that female foeticide in
some states such as Punjab, Haryana, Delhi, Rajasthan are close
to 10% or higher than 10%.
Female foeticide has started showing adverse impact, with cases
of polyandry or interstate marriages with brides from Kerala being
sent to Haryana coming to fore. Trafficking is also on increase.
However this is only beginning. Indeed, in decade or so we could
find a situation where adverse impact of female foeticide could
destabilize social structure.
Combating female foeticide is challenging. Though there is law
against sex determination and illegal abortions, there is wide
spread tolerance if not acceptance of female foeticide. Morever
there is wide spread corruption, both in availability of medical
professionals, willing to violate law, plus corruption amoung
law enforcing authorities.
Awareness and change of attitude is the only way to combat female
foeticide.
Statistics
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Total Population |
0 to 6 Population |
7 plus Population |
| Coutry / State |
2001 |
2011 |
2001 |
2011 |
2001 |
2011 |
| INDIA |
933 |
940 |
927 |
914 |
934 |
944 |
| Andaman & Nicobar |
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| Andhra Pradesh |
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| Assam |
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| Arunachal Pradesh |
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| Bihar |
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| Chandigarh |
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| Chattisgarh |
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| Dadra Nagar Haveli |
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| Daman & Diu |
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| Delhi |
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| Goa |
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| Gujarat |
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| Haryana |
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| Himachal Pradesh |
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| Jammu & Kashmir |
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| Jharkhand |
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| Karnataka |
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| Kerala |
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| Lakshadweep |
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| Madhya Pradesh |
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| Maharashtra |
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| Manipur |
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| Meghalaya |
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| Mizoram |
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| Nagaland |
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| Orissa |
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| Puducherry |
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| Punjab |
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| Rajasthan |
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| Sikkim |
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| Tamil Nadu |
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| Tripura |
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| Uttar Pradesh |
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| Uttarakhand |
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| West Bengal |
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Percentage Estimate of Missing female births in 2001-2007 is
revealing. 4.8% of female births were lost in 2001-2007. However,
this includes variation of as less as 0.3% in Karnataka and as
high as 16.2% in Punjab.
State % of female births missing in 2001-2007
Punjab 16.2
Haryana 12.9
Jammu and Kashmir 10.5
Delhi 8.9
Rajasthan 8.7
Gujarat 7.9
Uttar Pradesh 7.6
Himachal Pradesh 7.6
Bihar 6.0
Maharashtra 5.9
Jharkhand 3.4
Madhya Pradesh 1.9
Kerala 1.5
Andhra Pradesh 1.1
Assam 1.1
Karnataka 0.3
India 4.8
Source : SRS Annual Reports
Legal Position
1. The government enacted PNDT (Pre Natal Diagnostic Test
Act) in 1994 that banned revealing of sex of the foetus. This
law was amended in 2003, to include ban of technologies to engineer
sex of the foetus in pre conception stage and now the law is known
as PCPNDT Act (Pre Conception and Pre Natal Diagnostic Test Act).
2. Though the PCPNDT Act is enacted by Central Government, the
responsibility for implementation is on state government, with
on the ground implementation being done by district authorities.
The Appropriate Authority for implementing PCPNDT Act is the district
collector.
3. The PCPNDT Act requires registration of all ultrasound machines
and filling of “Form F” for use of ultrasound machine
for Pre Natal Diagnosis and display of boards stating that sex
determination is not done, apart from prohibition of determination
of sex of the foetus.
4. Honourable Supreme Court, in 2003, in judgement to Writ Petition
301/2000 directed better implementation of PCPNDT Act through
appointment of appropriate authority, compulsory registration
of ultrasound machines, monitoring of Form F records and display
of boards stating that sex determination is not done.
5. Medical Termination of Pregnancy Act has been in force since
1971 that prohibits illegal abortions, accept on few medical grounds
or when life of mother is in danger and so on.
6. Dowry is illegal under Prohibition of Dowry Act since 1961.
However this law is not being implemented and dowry is common
despite few cases filed on grounds of dowry demand.
7. Marriage expenses can be controlled under Essential Services
Maintenance Act.
8. Writ Petition 349/2006 filed by VHAI (Voluntary Health Association
of India) is pending judgment in Honorable Supreme Court.
9. Several cases have been filed on issue of female foeticide
under PCPNDT Act and awaiting judgement, even as few doctors have
been prosecuted.
10. Any person can file a case under PCPNDT Act, if evidence of
sex determination can be shown.
Challenges
There are several challenges in combating female foeticide
despite enactment of law prohibiting sex determination.
1. Birth of girl child is almost unwelcome, due to very high premium
placed on male child.
2. High dowry expenses and high marriage expenses make birth of
girl child a curse that is definitely not welcome.
3. Female foeticide is more prevalent amoung higher income class
families and educated families and in upper class neighborhoods.
4. Parents are keen to avoid birth of female child through any
means, including in some cases through female infanticide.
5. There is wide spread corruption amoung medical doctors, who
are willing to reveal sex of foetus at a price.
6. There is wide spread corruption amoung law enforcing authorities
who are willing to turn blind eye to violation of PCPNDT Act.
7. Though dowry is illegal, payment and receiving dowry is common.
8. Though abortion is strictly illegal, under medical termination
of pregnancy act, in reality, abortions are very common and conducted
under false premises widely.
9. Illegal abortions are tolerated on pretext of controlling population.
10. Ultrasound machines are wide spread, with even non gynaecologist
and non radiologists possessing ultrasound machines.
11. Even if a small proportion of doctors are corrupt and willing
to reveal sex of the foetus that is sufficient to distort the
sex ratio.
12. Detecting violation of PCPNDT Act is difficult, because it
happens through mutually agreed collaboration between doctors
and parents.
13. Society and Media seems to tolerate, if not accept female
foeticide.
14. Government is unwilling to enforce PCPNDT Act stringently
in view of possible electoral backlash from population that maybe
unwilling to tolerate undue interference of government, in personal
matters.
15. The impact of female foeticide can only be judged 2 decade
hence when non availability of brides is likely to cause societal
distress.
Actions taken by Government
Government is aware of problem of female foeticide and has
taken several actions such as:
1. Enacting PNDT Act in 1994 and amending act in 2003 to PCPNDT
Act.
2. The Honourable Supreme Court in judgement to Writ Petition
301/2000 has directed the Central and State Government to implement
PCPNDT Act more stringently.
3. Appropriate Authorities in districts are at least making registration
of ultrasound machines compulsory.
4. Appropriate Authorities are monitoring “Form F”
records to some extent.
5. Appropriate Authorities are to some extent enforcing display
of boards stating that sex determination is illegal.
6. The Central Government has created a PNDT cell in Ministry
of Health and Family Welfare.
7. The Central Government has created National Inspection and
Monitoring Committee to inspect all ultrasound machines for compliance
to PCPNDT Act.
8. The Central Government holds six monthly meeting to review
implementation of PCPNDT Act.
9. Some Appropriate Authorities in some districts in India have
been spectacularly successful in curbing female foeticide by stringent
enforcement of PCPNDT Act.
10. Government some time advertises in media to create awareness
on issue of female foeticide.
Advocacy to Government, Political Parties and Media
However, female foeticide, continues to remain unchecked as statistics
displayed above reveal. Government needs to do a lot more, so
can political parties and media. Some suggested actions are:
1. The National Inspection and Monitoring Committee (NIMC) constituted
as per Supreme Court Orders have inspected less than 1000 out
of 30000 machines. Furthermore NIMC has no full time members.
It is essential that NIMC appoint at least 100 full time officers
and inspect all 30,000 ultrasound machines within one year.
2. Appropriate Authorities in district must ensure strict compliance
of PCPNDT Act and ensure that Form F records are filled as required
by law.
3. Central and State Governments must create awareness on issue
of female foeticide by increasing advertising expense on the issue
of female foeticide.
4. Honourable Supreme Court must deliver judgement on the Writ
Petition 349/2006 at the earliest.
5. Government must enforce Dowry Prohibition Act stringently so
that incentive for female foeticide is checked.
6. Political parties must create awareness on issue of female
foeticide.
7. Media must carry ‘sting’ Operations against erring
doctors and thus create some ‘brouhaha’ around the
issue of female foeticide.
8. Central Government must ensure that the recent technological
device being adopted by Maharashtra Government in Kolhapur to
curb female foeticide is connected to all ultrasound machines
all over the nation so that female foeticide is curbed all over
the nation.
9. Medical Council of India must create a movement amoung Doctors,
so that doctors do not participate in female foeticide.
10. Media must create awareness on issue of female foeticide.
What corporates can do?
Corporates must create awareness on issue of female foeticide
by distributing calendars, funding advertisements movies on issue
of female foeticide.
What common people can do?
Common people should bring to attention any violation of PNDT
Act in area
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