Hushed Cries of Female Foeticide: Contemporary laws in India
Name- Iesha Sharma
Designation- 3 Year, B.A.LLB (Energy Laws) Student, UPES
India always had a wide range of discrimination in both the gender. There is deep route biasness between both the genders in the society it has been seen that this biasness has never really stopped its existence and there is no such study that could explain the inheritance of this discrimination. Amongst all the other great danger for the contemporary democratic country and for its human process, a thread is an irregularity in the sex proposition. There is widespread exposition amongst both the male as well as the female promoting the numerous violations against the women like illegal trafficking, rapes, polygamy, etc. female feticide which a standout of all it registers to vanish the mere existence of that gender. The general population of violent crime has been part of the whole planet. Can it also count as one of the most heinous crimes in the world? This article contributes to making awareness about the different laws which are protecting the girl child against the same.
FACTORS LEADING TO FEMALE FETICIDE
In India, female foeticide has been taking place for a very long time and there are different factors that affect the country. The female foeticides in the 21st century have a great deal to do with the capitalist economy and there is a lot of research that has made a clear idea about this. The rural households have the cultural politics of the dowry in India and have a lot of phenomena with a lot of answers to it. There are nearly 7-8000 dowry death deaths happening due to lack of the full payment of the dowry. The female feticide has been started to become the field of accumulation in its own right. In the era of liberalization, “one has to allow freedom to choose to the service seeker and the freedom to sell by the service provider to all.” The culture of the households with the landed property is clear and inverse correlation between the income level and child sex ratio. It is specially revealed in the south Indian regions.
In Indian society, it is believed to be dug under the patriarchy and patrilocal. Amongst the Hindu, the reproduction and the beliefs are governed under the laws of the Manu (corcos,1984) following the laws, Hindu believed that a man cannot attain redemption till he is entitled to be a son to light his funeral pyre. Besides religious consideration, economics, social and emotional desires are always in the favor of males as parents expect sons but non-daughters. Contrary to the popular belief the more educated a woman is, the more likely she is to actively choose a boy, assuming that she decides to have one child.
Weak implementation of laws
The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, this act prohibits the determination of sex of the fetus. It provides for mandatory registration of genetic counseling centers, clinics, hospitals, nursing homes, etc. However, the implementation of the law is weak and it has not been used to the fullest. The focus has been only on the registration of the number of ultrasound machines and not on the actual act.
The genocide of girl children, which continues unabated in the country, has led to skewed sex ratios in the country. The 2001 Census figures point to a sex ratio for 0-6 age group of around 927 females per 1000 males. According to some rough estimates from the civil registration of births, the present sex ratio has declined to almost 882 females per 1000 males.
The Measure taken to combat Female foeticides
PNDT (Regulation and Prevention of Misuse) Act-1994: Maharashtra is counted as the first state in the country to ban the practice of pre-natal sex determination through the enactment of Maharashtra regulation of prenatal diagnostics techniques act. There was the introduction of a new act that came with efforts at the national level resulted in the enactment of the Central pre-natal diagnostic techniques (Regulation and prevention of misuse) Act 1994. The act has two aspects which are regulatory and preventive.
It seeks to regulate the use of pre-natal diagnostic techniques for legal or medical purposes and prevent misuse for illegal purposes. This act provides the introduction to various bodies along with their composition powers and functions. Their severe punishment for the Violations of the PNDT Act carries a five-year jail term and a fine.
The Supreme Court of India has issued notices to the Indian government and the states and union territories on seeking stricter implementation of laws that ban pre-natal sex selection tests and sex-selective abortions in India.
A concerned Supreme Court has observed that the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994 (PCPNDT) that is meant to prevent female foeticide in India, has failed. A petition was filed in the court and brought the court's attention to the rampant practice of sex-selective abortions in various parts of the country, with doctors indiscriminately conducting sex-determination tests and carrying out abortions.
UNICEF has been trying and is committed to protecting every child from violence, exploitation, abuse, and various forms of discrimination. The government has declared January 24, 2010, as the national girl child day for awareness about the same.
If it is possible to stop the abortion of females by legal enforcements there is a severe need for education in the minds of the people for the same. Guru Nanak asserted that women were not at all inferior to men. The views on the status of fetal life may be seen in a different manner with a different set of eyes. The female fetus is a living organism. The word ‘Live’ is the same category as the word ‘life’. In our society, the person who is living has a right to life. Since a fetus is a living organism, it has also a right to life.
Female foeticide is a menace in our modern Indian society: Critical analysis,(5 feb, 2021, 11:36) http://www.lawjournals.org/
Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994/https://ncpcr.gov.in/
Sex Determination and Pre-Natal Diagnostic Technique Act of 1994/http://www.legalservicesindia.com/