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The Declining Sex Ratio in Punjab:
A Case Study of Dhreri Jattan
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Introduction
Abhimanyu, the legendary prince of Mahabharta, died during the epic war, trapped inside
Chakravyuha; the wheel shaped formation of the enemy columns. His death was destined while
he was in his mother's womb. Many Indian girl children seem destined to die likewise today and
in their case the chakravyuha has invaded the womb itself resulting in their death even before
they are born (Agnihotri: 2003). It is agonizing to know that the gender bias and deep-rooted
prejudice and discrimination against girl child, which have been there down for centuries, are
now found to begin in the womb itself. The girl child in the womb faces the peril of pre-birth
elimination i.e. female foeticide. Globalization of human relations and commercialization of the
medical profession pushed by large publicity in mass media, have also played a part making the
sex determination tests and aborting the female foetus desirable. Women are not safe even in
their mother's wombs. They are killed before they see the world.
It is a disgrace for Indian society, which considers the birth of a girl child as a bad
investment in future (Walia: 2005). Many individuals in Indian society consider that if in the first
instance they have a baby girl, it would be considered bad luck, in the second a disaster and in
third a catastrophe. They believe that bringing up a girl is like watering a neighbours' pla nt (lawn)
(Ghansham: 2002). The saying, "may even my enemy not have a daughter", comes from the
pain and suffering a daughter's birth and upbringing can cause to her parents, and her paternal
and even the maternal grand parents.
The killing of women exists in various forms in societies the world over. The societies that
practice sex selection in favour of males are quite common, especially in countries like the
People's Republic of China, Korea and Taiwan. Most of these societies have a cultural tradition
of strong preference for sons. Progress in medical technology has made prenatal sex
identification and sex selective abortion feasible. Therefore, people with a strong desire for a son
usually have the resources to bribe medical personnel to perform an illegal examination and to
use sex-selective induced abortion to achieve their desire. This practice is not unique in China
but is also found in some of other developing countries experiencing rapid economic
development, technological progress and fertility decline. India shares a distinctive feature of
South Asian and Chinese populations with regard to the sex ratio the centuries old deficit of
females to males the opposite of non-Asian countries. In India the deficit is largely attributed to
woman's lower status in society (Krishnaji: 2000 and Srinivasan: 1994).
If assurance of personal and public security (freedom from violence) is accepted as a
human right, then societies in which female selective abortion is practiced and in which malebiased sex ratios exist are more likely to be societies in which security as a right is not assured
( Miller: 2001). As females drop in number in a society, society gets destablizied.
The harsh reality is that girls have simply been killed in the most cowardly manner, before
3
they would even open their eyes on this world. The violence behind this kind of cruelity goes
totally unnoticed. However, Indian society displays some unique and particularly brutal versions,
such as dowry deaths and sati. Female foeticide is an extreme manifestation of violence against
women. Female foetuses are selectively aborted after prenatal sex-determination, thus avoiding
the birth of girls. Eliminating girl children, whether before or after birth, is a part of pattern of
violence that is linked to development paradigms that devalue women's status. But in Indian
society, women drive value and status only as mothers of sons. Their happiness and social
status in the conjugal homes is dependent on producing sons. Women have internalized these
roles and values. Though they say that daughters take better care of parents or are more
emotionally attached to the mothers, they desire to have more sons than daughters. In the
pursuit of sons, they have become with some pressure from the families, consumers of the new
technology of ultrasound, which allows them to choose and bear sons. There is also an
impression that husbands and their parents are pushing their wives and daughter-in-laws to go
for pre-birth sex determination tests and abortions (see figure below) (Patel:2007 and
Goyal:2008).
Pregnent Women
Ultrasonologists
Abortionists Medicines
BARRIERS/CONSTRAINTS IN APPROACH
No complainant
Work for money
ACTION PLAN
Enforcement of
the MPT Act
male control of and access to important forms of productive property, inheritance rights and
preferred employment. In such cultural contexts, females are economically dependent on males
either their fathers, husbands or sons because they themselves have no different economic
entitlements. Politically, male dominance means that men control leadership and decision
making in both the public and private domains to the exclusion and disadvantages of female
status and welfare. Socially, one finds kinship systems that emphasize the importance of male
relatives, solidarity among male kin and separation of female kin from each other through
exogamy, and dowry systems that require heavy expenditure for the marriage of a daughter but
not for a son. Ideologically, religious and philosophical systems elevate maleness to a level of
purity and power and associate femaleness with impurity, danger and the need to be controlled
by males (Miller: 2001).
In such a social context, the recent technological developments in medical practice
combined with a vigorous pursuit of growth of the private health sector, have led to the
mushrooming of a variety of sex-selective services. This has happened not only in urban areas,
but deep within rural countryside also areas where the other dimensions of healthcare and
development are yet to penetrate. In deep, the indications are that given these lethal
combinations the phenomenon of sex selective abortions is growing nationwide and no state is
exempt from this trend. Social structures, social pressures and rituals that are responsible for
this status of women and the brutal discrimination and violence visited on them. Preference for a
son is definitely not the desire of a mother, nor the cry from her heart as is usually portrayed.
She is merely the victim of the patriarchal and consumerist setup and has little control over what
transpires in her personal life or her desires. A woman who cannot protect herself, who is forced
to submit to and subordinate all her desires to her patriarch, cannot protect her motherhood
either(Rathee:2001). Increasing economic pressures and family planning programme successes
move families towards a two-child norm, sex selective abortion becomes a means to meet the
conflicting demands of a small family and the desire for sons (Patel: 2004).
The actual fact is that in India the abortion is legally allowed on broad medical and social
grounds. There are two laws in the country that deal with the prenatal sex-determination and
abortion. The Medical Termination of Pregnancy (MTP) Act 1971 and the PNDT Act, 1994, now
amended known as the Pre-conception and Pre-natal Diagnostic Techniques Act, 2002. Both
these acts seek to regulate and prevent the misuse of prenatal diagnostic techniques and
medical malpractices resulting planned abortions of the female foetus. There is little evidence
that suggest that the laws relating to termination of pregnancy and prenatal sex selection have
been effective in reducing the sex selective abortions in India. Law has not been able to achieve
the well-intentioned results (Singh: 2007).
The parameter of gender complicates numerous explanations and analysis of social
6
behaviour that may otherwise hold. The sex ratio in in India has seen historically negative or in
other words, unfavourable to femeles. A look at the figure 1.1 reveals that in the preindependence period, the sex ratio declined consistently upto 1951 when it rose marginally. In
post independence period, the trend continued and the sex ratio slipped down for two
consecutive decades after 1951 to reach 930 in 1971. During 1961-1971 a steep fall of 11 points
was seen in the sex ratio. After 1971 Census, trends were not consistent,showing increase in
one decade and decline in the next. However, it was hovering around 930. The sex ratio as per
provisional results is the highest since 1971 and a shade below the level of 1961. (Provisional
Population Totals-India (2011):80) The general agreement is that sex selective abortions are
largely responsible for it.
Figure1.1: Sex Ratio in India:1901-2011
980
972
972
964
964
970
955
955
960
950
946
946
945
950
941
934
930 934
930
945
940
930
940
940
927
933
933
927
920
910
900
1901
1911
1921
1931
1941
1951
1961
1971
1981
1991
2001
2011
Table-1.1 : Sex ratio of total population and child population in the age group 0-6 and 7+ years:
2001-2011
2001
2011
2001
2011
2001
2011
India
933
940
927
914
934
944
892
883
941
859
884
887
Himachal Pradesh
968
974
896
906
980
983
Punjab
876
893
798
846
888
899
Chandigarh
777
818
845
867
767
812
Uttarakhand
962
963
908
886
973
975
Haryana
861
877
819
830
869
885
NCT of Delhi
821
866
868
866
813
866
Rajasthan
921
926
909
883
923
935
Uttar Pradesh
898
908
916
899
894
910
10
Bihar
919
916
942
933
914
912
11
Sikkim
875
889
963
944
861
883
12
Arunachal Pradesh
893
920
964
960
878
913
13
Nagaland
900
931
964
944
890
929
14
Manipur
974
987
957
934
977
995
15
Mizoram
935
975
964
971
930
976
16
Tripura
948
961
966
953
945
962
17
Meghalaya
972
986
973
970
971
989
18
Assam
935
954
965
957
929
953
19
West Bengal
934
947
960
950
929
946
20
Jharkhand
941
947
965
943
935
948
21
Orissa
972
978
953
934
976
985
22
Chhattisgarh
989
991
975
964
992
995
23
Madhya Pradesh
919
930
932
912
916
933
24
Gujarat
920
918
883
886
927
923
25
710
618
926
909
682
589
26
812
775
979
924
779
752
27
Maharashtra
922
925
913
883
924
931
28
Andhra Pradesh
978
992
961
943
981
997
29
Karnataka
965
968
946
943
968
971
30
Goa
961
968
938
920
964
973
31
Lakshadweep
948
946
959
9098
946
951
32
Kerala
1058
1084
960
959
1072
1099
33
Tamil Nadu
987
995
942
946
993
1000
34
Puducherry
1001
1038
967
965
1006
1047
35
846
878
957
966
831
868
Table 1.1 provides recent trends of sex ratio of the total population, sex ratio in the age
group 0-6 years and sex ratio of population aged 7 years and above for 2001 and 2011 for all the
States and Union Territories. It is interesting to note that although the number of states and
Union Territories with sex ratio less than 916 declined from twelve to ten in 2011 but percentage
share of these states population has remained almost constant. In contrast the number of States
and Union Territories with high sex ratio of 986 and above rose sharply from four in 2001 to
8
seven in 2011 with corresponding increases in the share of population. Movement of large states
(Andhra Pradesh) in this category resulted in the increase in the population share. However,
overall increasing trend in the sex ratio at the census 2011 has boosted the sex ratio of India.
The sex ratio of population of age 7years and above during 2001 and 2011 census has
increased from 942 in 2001 to 944 in 2011 at the National level. This increase also noted in 23
States/UTs. However, 8 states have showed slight decline as compared to 2001. In 4 states/UTs
this ratio has remained constant. Kerala (1099), Tamil Nadu (1000) and Andhra Pradesh (997)
have recorded the highest sex ratio, while Punjab (899), Jammu & Kashmir (887) and Haryana
(885) are at the bottom in the age group 7+ years. The sex ratio in Punjab has remained
unfavourable to females. It has declined from 832 in 1901 to 780 in 1911. Ever since 1911 sex
ratio consistently improved till 1991 and reaches 882. During 1991-2001 there was a dip in the
sex ratio by 6 points. As per 2011 census, Punjab has a sex ratio of 893 which is 17 points
higher than that of 2001 census. The natioal ranking of Punjab in terms of sex ratio now is 27th
(See figure 1.2).
Figure1.2PresentsthetrendinSexRatioinPunjabsince1901
Punjab Sex-Ratio
920
900
879
880
893
876
865
860
840
882
836
832
844
854
815
820
799
800
780
780
760
740
720
1901
1911
1921
1931
1941
1951
1961
1971
1981
1991
2001
2011
Table 1.2 depicts the comparative Sex Ratio and Child Sex-Ratio between 2001 and 2011
census. The over all sex ratio has improved in all the districts, the only exception is Bathinda.
The increase is the maximum in Shahid Bhagat Singh Nagar district followed by Sahibzada Ajit
Singh Nagar. In Bathinda district the sex ratio has declined by 5 points, while it has remained
constant in Mansa.
9
Table-1.2: Sex Ratio and Sex Ratio in the population in age group 0-6 by districts: 2001 and
2011(Punjab)
State/District
Sex Ratio
Sex Ratio
(age 0-6)
2001
2011
2001
2011
Punjab
876
893
798
846
Gurdaspur
890
895
789
824
Kapurthala
888
912
785
872
Jalandhar
887
913
806
874
Hoshiarpur
935
962
812
859
914
954
808
879
Fatehgarh Sahib
854
871
766
843
Ludhiana
824
869
817
865
Moga
887
893
818
863
Firozpur
885
893
822
846
10
Muktsar
891
895
811
830
11
Faridkot
883
889
812
851
12
Bathinda
870
865
785
854
13
Mansa
880
880
782
831
14
Patiala
875
888
776
835
15
Amritsar
871
884
792
824
16
Tarn-Taran
887
898
784
819
17
Rupnagar
889
913
799
866
18
842
878
785
842
19
Sangrur
870
883
784
835
20
Barnala
872
876
792
Census of India 2001, Provisional Population Totals, Punjab
847
Punjab has a long history of doing away with new born girls. The preferred method today is
foeticide after a sex determination test, but centuries ago the practice was to bury them. This
tradition perhaps goes back to the days of repeated invasions by Muslim armies from the NorthWest, who used to carry off girls as booty for their own pleasure or to be sold in the slave
markets of the middle East (Singh:2006). In Punjab (India's economically prosperous State), the
attitude towards the girl child is alarmingly unprogressive. There are at least three pre-conditions
for the spread of female foeticide: easy access to medical facilities, in particular, ultrasound and
abortion facilities; ability to pay the doctor and abortionist for the test and abortion; and a good
network of roads to cut down the cost of travel and the time taken to travel.
10
The cost of marriage and dowry has gone up and so daughters have become greater financial
liabilities. Another interesting factor for the preference for sons is that the prospect of migration
of sons to, say the Gulf or Western countries, is much higher for men than for women. In the
eyes of local communities, a family with children abroad has a higher status and certainly a
higher income level than non-migrant families. Globalization is thus adding to the miseries of the
girl child. People are aware of the upward swing in dowry demand and the rising cost of
marriage. Greed has increased in our society and numerous TV channels and endless
advertisements increase this greed further. Women opt for female foeticide not because they are
heartless but because they were genuinely concerned about the fate of girls who are
increasingly subjected to eve-teasing, molestation and sexual harassment and, after marriage,
exposed to the risk of bride burning and dowry death, in the unending demand for dowry from
the emerging consumerist society (Patel:Verma 2007). This calls for a good look at gender
issues in all their ramifications in our increasingly dysfunctional society. Against this backdrop,
the aim of the present study is to analyse the reasons why the proportion of baby girls is steadily
declining in Punjab by analyzing various aspects of female foeticide in Punjab. After analyzing
the views of the respondents from both sexes and across three age groups, the study also
recommends some remedial measures to eliminate this menace.
To study the views of the respondents towards the girl child and the pre-natal sex
selection phenomenon.
To know the reasons why the proportion of baby girls is steadily declining in Punjab and
the consequences thereof.
To study how far the Prenatal Diagnostic Technique (Regulation and Prevention of
Misuse) Act, 1994 has been able to curb the practice of prenatal sex determination.
To study the efforts done by religious organizations to curb female foeticide in the state.
Hypothesis
The cultural preference for sons rather than daughters has skewed sex ratios in Punjab.
Escalating dowry, female education and few job / economic opportunities for women are
11
Sex selection clinics and the abortion of girls are widespread even after the PNDT
(Regulation and Prevention of Misuse) Act, 1994.
400
300
200
100
09
20
10
08
20
07
20
06
20
20
4
20
05
03
20
0
02
20
20
20
01
Sex Ratio
2001
695
2002
560
2003
546
2004
536
2005
621
2006
549
2007
626
2008
640
2009
515
2010
636
Here it is worth-mentioning that the decline in the sex ratio for the age group of 0-6 years is
universal in all categories of General, SC and BC, but the worst situation can be seen in the
General Category in every year. The sex ratio of 636 can be ranked very dangerous when
compared to the child sex ratio of India as well as of Punjab.
In the present study, systematic procedures have been adopted at all levels ranging from
the designing of the interview schedule to the interpretation of the collected data. The study has
been carried out in the rural area of Patiala district. It is worth mentioning that small village Dhreri
Jattan near Patiala has shown a skewed sex ratio. The village is well connected with the modern
transportation system. A sample of 60 persons comprising 30 female and 30 male have been
drawn from the village. The respondents represent three groups as per their age and three
groups as per the sex. The first group comprised 10 marriageable unmarried girls and 10
marriageable unmarried boys, of the age group ranging from 18-26 years, while the second age
group comprised 10 married males and 10 married females of the age group falling between the
reproductive age of 18-35 years. Similarly, the third group (10 each from both sex) would be that
of the elderly women and men of the age more than 60 years. The selection of the respondents
in the second and third age group has been made as is made in the first group. Suitable
statistical techniques has been used the analysis.
Table 1.3: Distribution of Respondents according to Age, Sex and Marital Status
S.No.
Age (Years)
Marital Status
Sex
Total
Male
Female
1.
18-26
Unmarried
10
10
20
2.
18-35
Married
10
10
20
3.
10
10
20
30
30
60
Total
13
SECTION-I
Table-1.4 : Distribution of Respondents according to Castes/Categories
S.no
Castes/
Categories
General
Backward
Scheduled
Male
(10)
9
(90)
-
Female
(10)
7
(70)
-
Total
N=20
16
(80)
-
Male
(10)
7
(70)
-
Female
(10)
8
(80)
-
Total
N=20
15
(75)
-
1
(10)
3
(30)
3
(15)
3
(30)
2
(20)
5
(25)
Female
(30)
23
(76.66)
2
(6.66)
5
(16.68)
Total
N=60
46
(76.66)
5
(8.34)
9
(15)
14
Castes/
Categories
Illiterate
Middle
Matric
10+2
Graduate
Post Graduate
or
Professional
Female
(10)
-
Total
N=20
6
(5)
-
1
(10)
5
(50)
2
(20)
1
(10)
3
(30)
5
(50)
1
(10)
1
(10)
4
(20)
10
(50)
3
(15)
2
(10)
Female
(10)
1
(10)
2
(20)
4
(40)
2
(20)
1
(10)
-
Total
N=20
2
(20)
8
(40)
5
(25)
3
(15)
1
(5)
1
(5)
1
(10)
-
1
(5)
1
(5)
1
(5)
-
Female
(30)
10
(33.33)
2
(6.66)
7
(23.34)
8
(26.67)
2
(6.66)
1
(3.34)
Total
N=60
20
(33.34)
8
(13.33)
10
(16.66)
14
(23.34)
5
(8.33)
3
(5.00)
15
1
2
3
4
Castes/
Categories
Up to
(5000)
5001 to
10,000
10,001 to
15,000
15001 and
above
Male
(10)
1
(10)
5
(50)
2
(20)
2
(20)
Female
(10)
4
(40)
3
(30)
3
(30)
-
Total
N=20
5
(25)
8
(40)
5
(25)
2
(25)
Male
(10)
6
(60)
3
(30)
-
Female
(10)
9
(90)
-
Total
N=20
15
(75)
3
(15)
1
(10)
1
(5)
1
(10)
-
1
(10)
Female
(30)
16
(53.33)
7
(23.34
6
(20)
1
(3.3)
Total
N=60
28
(46.67)
17
(28.33)
8
(13.33)
7
(11.67)
Family Income
Sample shown in Table-1.6, 46.67% of the total respondents had a family income of upto
Rs. 5000 per month while rest of them earned more than 5000/- in a month. 28.33% of the
respondents earned between rupees 5001 and 10,000 per month whereas 13.33% of the
respondents had the family income between 10,000 and 15,000 monthly however, 11.67% of the
respondents earned 15000 and above per month.
Table-1.7 : Distribution of Respondents according to Number of Children
S.
no
Castes/
Categories
No child
Total
N=2
0
-
up to 02
children
03 to 04
children
5 and more
children
3
4
Male
(10)
Female
(10)
Female
(10)
8
(80)
2
(20)
-
2
(20)
8
(80)
-
Total
N=2
0
2
(10)
16
(80)
2
(10)
-
2
(20)
4
(40)
4
(40)
4
(40)
6
(60)
-
6
(30)
10
(50)
4
(20)
10
(50)
6
(30)
4
(20)
2
(10)
12
(60)
6
(30)
-
2
(5)
22
(55)
12
(30)
4
(10)
The data (Table-1.7) clearly shows that among the married respondents (N-40), more
than half of them (55%) had upto 02 children in the family whereas only one tenth (10%) of the
respondents had 5 or more than 5 children. 30% of the respondents had either 3 or 4 children
and 5% of the respondents had no children. The survey shows that the parents prefer small
families and do not like large families as prevailed trend in the past. They may take the help of
the pre-natal diagnostic techniques for the sex selection in the pursuit of having a son as well as
a small family. It is evident from the data in the younger age group of 18-35 years (both male
and female) 80% of the respondents had only one or two children. There was no respondent in
this age group who had 5 or more than 5 children.
16
The basic reasons for the declining of Sex Ratio in Punjab State
The reasons behind the declining sex ratio in Punjab State can be found in the SocioCultural fabric of the society. Since the long times, the son is preferred over daughter, it is all
because of our Socio-Cultural and traditional values. All these views go adverse to the female
because it leads to the prevailing discrimination against the girl child and women. The history is
full of various examples where the parents had a negative attitude towards the daughters. Under
these assuming circumstances, present section of the study surveys the views of the
respondents about the fair sex in general and girl child in particular.
Responses
18-26 Years
(Unmarried)
Male
(10)
Femal
e
(10)
Total
N=20
Male
(10)
Female
(10)
Total
N=20
Male
(10)
Female
(10)
Total
N=20
Male
(20)
Female
(20)
Total
N=40
11
(36.66)
12
(40)
23
(38.33)
4
(13.33)
9
(30)
For carrying
forward the
family name
1
(10)
5
(50)
6
(30)
7
(70)
2
(20)
9
(45)
3
(30)
5
(50)
8
(40)
to look after
during old
age
1
(10)
1
(10)
2
(20)
2
(10)
4
(20)
6
(30)
1
(10)
4
(40)
5
(25)
to own
family
property
2
(10)
2
(10)
1
(10)
4
(40)
5
(25)
3
(30)
4
(40)
7
(35)
6
(20)
8
(26.66)
14
(23.33)
to perform
funeral rites
3
(30)
1
(10)
4
(20)
1
(10)
1
(5)
1
(10)
1
(5)
5
(16.66)
1
(3.33)
6
(10)
all
3
(30)
1
(10)
4
(20)
1
(10)
2
(20)
3
(15)
4
(13.33)
3
(10)
7
(11.66)
any other
specify
2
(20)
2
(10)
3
(30)
3
(15)
3
(10)
2
(6.66)
5
(8.33)
17
13
(21.66)
The data (Table-1.8) reveals that in Indian and especially Punjabi families, the son is
preferred over a daughter because of the traditional fabric of the society. The family's pride and
name is associated with a son and not with a daughter. The parents think that it is the sole
responsibility of a son to look after them in their old age and to perform the customary rituals. It
is also generally accepted that sons own the responsibility of inheritance of property. 38.33% of
the total respondents opined that having a son is important for carying forward the family name
and 23.33% of the respondents thought are necessary for the inheritance of property. Similarly
21.66% of the respondents were of the view that it was necessary to have a son to look after the
parents in old age. 10% of the respondents thought that there must be a son who could perform
the funeral rites. It is strange that only 8.33% of the respondents were against the view that
having a son is important.
18
Response
for liking
for siblings
in the
family
Liking for
1
Brother
18-26 years
18-35 Years
(unmarried)
(Married)
(married)
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(10)
(10)
N=20
(10)
(10)
N=20
(10)
(10)
N=20
(20)
(20)
N=40
(30)
(60)
(45)
(30)
(30)
(30)
(25)
(10)
(30)
(20)
Liking for
2
sister
5
(50)
Liking for
3
both
comment
(20)
(30)
(25)
(60)
(40)
(50)
(10)
(5)
Any other
4
13
21
(20)
(40)
(60)
(26.66)
(43.33)
(35)
13
(20)
(20)
(20)
(26.67)
(16.67)
(21.67)
10
14
11
25
(60)
(40)
(50)
(46.67)
(36.67)
(41.67)
(3.33)
(1.66)
During the survey (Table-1.9), the respondents were asked about their likeness in their
family members (brother, sister or both). The survey showed that 41.67% of the respondents
had their liking for both brother and sister and 35% of the respondents liked brothers whereas
21.67% of the respondents liked sisters. A single female unmarried respondent (18-26 years)
appeared on the scene who liked to be happy as a single child (1.66). As shown in the Table No
1.7 (compare liking for brother and liking for sister % age), a great majority of the respondents
19
had liking for a brother. It is strange to note that there is not a single female respondent who
liked her sisters. It shows that female herself has a less liking for her own sex. It was found that it
was males (26.66) more than the females (16.67%) who had a liking for a sister in the family. So
it can be assumed that the fondness and disliking dont change across the age but depends
upon the sex of the respondents.
Table-1.10 : Distribution of Respondents According to the Feelings over the Birth of a Girl
child in the Family
S.No.
Feelings over
the birth of a
girl child
18-26 Years
18-35 Years
(Unmarried)
Male
Femal
Total
Male
(Married)
Female
Total
Male
(Married)
Female
(10)
N=20
(10)
(10)
N=20
(10)
(10)
(5)
(10)
Total
Male
Female
Total
N=20
(20)
(20)
N=40
(10)
Feel Sad
1
10
18
10
19
(80)
(100)
(90)
(100)
(90)
(95)
(20)
(20)
(20)
(6.66)
(10)
(8.33)
Feel Happy
2
Neither Sad
nor Happy
(20)
(20)
16
26
27
53
(80)
(80)
(80)
(86.6)
(90)
(88.33)
(6.66)
2
(3.34)
As shown in Table-1.10, the respondents who felt sad over the birth of girl child was not
surprisingly very high. The data clearly depicts that 88.33% of the respondents have felt or would
feel happy over the birth of a girl child. Only 8.33% of the respondents frankly admitted to be sad
on the birth of girl child. On the other hand only 3.34% of the respondents liked to be neutral on
this topic. It was interesting to note that there was not a single male respondent at the age group
of 18.26 unmarried who would feel sad over the birth of a girl child.
Table-1.11 : Suppose in a family the first child is girl, do you think, then the second
should be a boy?
S. No.
Respon
ses
Yes
No
Not
Necess
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
(10)
(10)
N=20
(10)
(10)
N=20
(10)
(10)
N=20
(20)
(20)
Total N=40
12
10
12
19
31
(60)
(60)
(60)
(30)
(60)
(45)
(30)
(70)
(50)
(40)
(63.34)
(51.66)
(5)
(40)
(40)
(10)
(25)
(10)
10
(20)
(30)
(3.33)
(16.67)
10
10
19
(30)
(15)
(60)
(40)
(50)
(30)
(30)
(30)
(30)
(3.33)
(31.67)
ary
20
Table-1.12 : If Yes, should the parents try to know about the sex of the baby?
S.
Response
No.
Yes
No
No
18-35 Years
(Unmarried)
Male
Female
Total
(Married)
Female
Total
Male
Female
Total
N=10
(12)
(19)
N=31
(6)
(6)
N=12
12
(100)
(100)
(100)
Male
(3)
(6)
Total
Male
(Married)
Female
N=9
(3)
(7)
13
(100)
(83.33)
(88.88)
(33.33)
(57.14)
(50)
(33.33)
(47.36)
(41.93)
17
(16.66)
(11.11)
(66.66)
(28.57)
(40)
(66.66)
(47.36)
(54.84)
(14.28)
(10)
Response
(5.26)
(3.23)
Suppose in a family the first child is girl, do you think, then the second should be a boy?
A large number of respondents (51.66%) wanted a son if the first issue is a girl. But
16.67% of the respondents had the opinion that it is not necessary to have a son after a
daughter. Whereas the remaining respondents (31.67%) of the respondents came under the
category of not necessary (Table-1.11). From the study, it can be judged that the majority of the
people want a male baby if the first child happens to be a girl. So they prefer sex selection
techniques to make sure that the second baby is male. This trend is responsible to the declining
ratio of the girl child.
For further investigation (Table-1.12), the respondents who wished for a son if the first
issue is a girl (51.66%) were again asked should parents try to know about the sex of the baby
before its birth, 41.93% of the respondents replied in affirmative, while 54.84% of the
respondents replied in negative. 3.23% of the respondents did not respond at all. It should be
noted that the unmarried 18-26 years (male & female) who wanted to have a son if the first issue
is a girl (N-12), all of them wished to have a son but would not like to go for sex determination
techniques.
21
SECTION-II
Sex Determination
In Indian Society, the first child is welcomed whether it is a son or a daughter. If the first
child is a son and again the second happens to be a son it is ok, but if the first child is a girl
again the second child happens to be a girl it is not ok. So in Indian society if the first child is a
girl, the second is expected to be a boy. This expectation leads to the sex selection of the womb.
In this regard the respondents were asked the question that if parents come to know that the
second child is again a girl should it be aborted (Table-1.13). Only 13.33% of the respondents
admitted frankly that it should be aborted. 3.34% of the respondents gave no response. Majority
of the respondents 83.33% replied that it should not be aborted.
A further probe was made according to the views of the respondents who had said that
the second baby girl should not be aborted (83.33%) and they were asked why they thought so
(Table-1.14). 58% of the respondents replied that it was a sin, in human and immoral act. They
were of the view that in Indian society, the girls are worshipped as Kanjaks. So it is against
morality to commit such a sin. 32% of the respondents said that one cannot go against the laws
of nature. Everything is in the hands of Almighty, so all should bow before the will of the God.
30% of the respondents believed that they have no right to terminate another life who has yet not
seen the world. On the other hand, 2% of the respondents were of the opinion that the process
of abortion can put a mother's life into danger so it is risky and unwelcomed. It can be assumed
that the people know that killing daughters in the womb are a sin and they don't want to commit
it. But it is the rigidity of the traditions and socio-cultural situations which compels them to
undergo the process. So it can be said that it is not difficult to change the minds of the people
who have a sense of morality and seem to atone this sin. It is the need of the hour to strike the
iron when it is hot. People should be shown the right path so that this heinous crime should
come to an end.
22
Table-1.13 : If the parents come to know that the second child is a girl, should it be
aborted?
S.
Responses
No.
Yes
No
18-26 Years
18-35 Years
(Unmarried)
Male
Female
Total
Male
(Married)
Femal
Total
Male
(Married)
Female
Total
Male
Female
Total
(10)
(10)
N=20
(10)
e (10)
N=20
(10)
(10)
N=20
(30)
(30)
N=60
(30)
(20)
(25)
(30)
(15)
(10)
(16.66)
(13.33)
10
19
14
10
17
26
24
50
(90)
(100)
(95)
(70)
(70)
(70)
(10)
(70)
(85)
(86.66)
(80)
(83.33)
No
Response
(10)
(10)
(5)
(5)
23
(3.34)
(3.34)
(3.34)
Responses
N
o.
18-26 Years
18-35 Years
(Unmarried)
Male
Fema
Total
(Married)
Femal
Total
Male
Female
Total
N=17
(26)
(24)
N=50
(9)
le
N=19
Male
(7)
e (7)
Total
Male
(Married)
Female
N=14
(10)
(7)
(10)
1
It is against
14
17
12
29
morality
(66.66)
(20)
(42.10)
(28.52)
(71.42)
(50)
(90)
(71.42)
(82.35)
(65.38)
(50)
(58)
It is against
11
the law of
(77.77)
(40)
(57.89)
(42.85)
(28.57)
(35.71)
10
16
(38.46)
(25)
(32)
nature and
3
Will of God
No one can
10
15
seize
(11.11)
(60)
(36.84)
(28.57)
(28.57)
(28.57)
(20)
(28.57)
(23.52)
(19.23)
(41.66)
(30)
(10)
(5.26)
(4.16)
(2)
others life
4
Any other,
specify
24
and other sources like seminars (3.77%) (Table-1.16). From the study it can be estimated that
the main source of bringing awareness about the issue is media which can play a vital role in
sensitizing the people.
Table-1.15 : Are you aware of the determination of the sex of the baby before its birth?
S.
Respons
No.
es
Yes
No
No
Response
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Femal
Total
(10)
(10)
N=20
(10)
(10)
N=20
(10)
(10)
N=20
(30)
e (30)
N=60
14
10
10
20
10
19
26
27
53
(60)
(80)
(80)
(100)
(100)
(100)
(100)
(90)
(95)
(86.67)
(90)
(88.34)
20
(10)
(20)
(15)
(10)
(5)
(3.33)
(10)
(30)
(15)
4
(6.66)
3
(10)
(5.00)
* Table-1.16 : If yes, from where did you come to know about this process known as prenatal sex determination?
S.
Responses
No.
Friends
Newspaper
TV/Radio/
Movies
Any other
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Femal
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(6)
e (8)
N=14
(10)
(10)
N=20
(10)
(9)
N=19
(26)
(27)
N=53
13
16
25
(50)
(25)
(35.71)
(60)
(10)
(35)
(70)
(66.66)
(68.42)
(61.53)
(33.33)
(47.16)
(16.66)
(37.5)
(28.57)
(10)
(20)
(15)
(7.69)
(18.51)
7
(13.20)
12
14
12
19
19
38
(66.66)
(100)
(85.71)
(60)
(80)
(70)
(90)
(33.33)
(63.157)
(73.07)
(70.37)
(52.83)
(7.14)
(10)
(16.66)
(5)
(7.69)
2
(3.77)
statement. To explore further, the respondents (who agreed to the fact 73.33%) were asked to
explain the reasons why the girl child is not preferred (Table-1.18). From the study, it was found
that majority (56.81%) of total respondents were of the view that escalating dowry is the main
reason behind it. The respondents reiterated their concern by saying that dowry is the genesis
reason. 22.72% of the respondents held the view that the bringing up of a girl needs extra
attention. Girls alone cannot take care themselves. Parents don't want to send them out of the
four-walls because of the prevailing unfavourable circumstances in the society. If she has to go
out, parents have to escort her. 2.27% of the respondents were of the opinion that the
employment and education of the girl child have no benefit to them. 9.09% of the respondents
accepted that the girls leave their parents and go out to their in-laws after marriage and 9.09% of
the respondents were of the view that parents are uncertain about the happiness of the
daughter. According to the data collected it was found that there is a sense of insecurity in the
parents whether their daughter would be happy after marriage or not. This fear motivates the
parents to give her maximum dowry so that the happiness to their daughter becomes certain.
For this they go beyond their reach.
Table-1.17 : Traditionally, the Birth of a Girl Child in the family is not considered good? Do
you agree?
S.
Responses
No.
Yes
No
Cannot Say
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Femal
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(10)
e (10)
N=20
(10)
(10)
N=20
(10)
(10)
N=20
(30)
(30)
N=60
14
15
15
21
23
44
(60)
(80)
(70)
(80)
(70)
(75)
(70)
(80)
(75)
(70)
(76.66)
(40)
(10)
(25)
(20)
(10)
(15)
(20)
(5)
(15)
(26.66)
(10)
(10)
(5)
(73.33)
11
(18.33)
(20)
(10)
(10)
(10)
(10)
(3.34)
(13.34)
(8.34)
26
Table-1.18 : If you agree, what are the reasons why the girl child in the family is not
considered good?
S.
No.
Responses
18-35 Years
(Married)
Female
(8)
Total
N=14
Male
(8)
Female
(7)
Total
N=15
Male
(7)
Female
(8)
Total
N=15
Male
(21)
Female
(23)
Total
N=44
25
(56.81)
Due to escalating
dowry
5
(83.33)
4
(50)
9
(64.28)
5
(62.5)
3
(42.85)
8
(53.33)
6
(85.71
)
2
(25)
8
(53.33)
16
(76.19)
9
(39.13)
Because bringing
up of a girl needs
extra attraction
3
(37.5)
3
(42.85)
6
(40)
2
(25)
3
(20)
4
(19.04)
6
(26.08)
(12.5)
(7.14)
1
(14.28
)
1
(12.5)
1
(7.14)
1
(4.34)
1
(2.27)
Because after
marriage she
leaves her
parents
1
(16.66)
1
(12.5)
2
(14.28)
2
(25)
2
(13.33)
1
(4.76)
3
(13.04)
4
(9.09)
1
(12.5)
1
(6.66)
1
(4.34)
1
(2.27)
Parents are
uncertain about
the happiness of
the daughter
1
(12.5)
1
(7.14)
1
(14.28)
1
(6.66)
2
(28.57
)
2
(13.33)
2
(9.52)
2
(8.69)
4
(9.09)
10
(22.72)
27
Present Punjab is different, changed and more adaptive to technology than ever before, and the
penetration of globalization is deep enough to change traditional socio-economic and politicocultural equations in society. In this era of profound change in Punjab, Gender relations are
acquiring different forms. The chief role expectation attacked to the role of a married woman is to
beget sons, and this centuries old physiologically rooted son preference, coupled with present
day anti-women technological use, is resulting in blatant violation of right to life of female fetuses
in the wombs of mothers of Punjab. Technology is being used to perpetuate the old evil, thereby,
signifying mental blockade of the Indian society.
The recent technological developments in medical practice combined with a vigorous
pursuit of growth of the private sector health have led to the mushrooming of a variety of sexselective services. The sex of the foetus is determined by methods like amniocentesis, chrion
villus Biopsy and now by the most popular technique ultrasonography.
The most commonly used sex-determination test is amniocentesis. It was used as an aid
to detect any abnormality in the unborn child. But over the years, it has been used to determine
the sex of the foetus. In India, since 1978 the test is being used as a sex determination or sex
preselection test. Since then the test has become popular and has led to a mushrooming of
private clinics which perform the test all over the country. Earlier doctors employed the
controversial amniocentesis test done between 14-18 weeks to determine, the sex of the foetus.
The ultrasound technique has also been improved. The sex of the foetus can be determined by
more sophisticated machines within 13-14 weeks of pregnancy by trans-vaginal sonography and
by 14 to 16 weeks through abdominal ultrasound. These methods have rendered sex
determination cheap and easy.
To know if the ultrasound technology is easily accessible, the respondents were asked
whether they are acquainted with any ultrasound centre nearby (Table-1.19). 61.66% of the
respondents said that they knew the ultrasound centres. The sampled village had no ultrasound
centre but it was well connected with nearby town. 28.34% of the respondents denied having
such knowledge of the ultrasound centres and remaining 10% of the respondents gave no
response.
For further investigation the respondents were again asked if they know some one in their
neighbourhood who has undergone abortion (Table-1.20). 21.66% of the respondents replied in
positive whereas majority of the respondents (68.34%) replied in negative. 8.34% of the
respondents did not respond to the question at all.
The respondents who gave positive response (21.66%) were again asked about the
possible reasons behind the abortion (Table-1.21). 61.54% of the respondents dared to tell that
the foetus was female while 7.69% of the respondents revealed the fact that the pregnancy was
terminated to maintain the gap between the two children. However, there were other reasons
28
also like some disease with the foetus (15.39%) or the complication with the mother (7.69%).
Table-1.19 : Are you acquainted with any Ultrasound Centre nearby?
S.
Responses
No.
18-26 Years
(Unmarried)
18-35 Years
(Married)
Male
(10)
Female
(10)
Total
N=20
Male
(10)
Female
(10)
Total
N=20
Male
(10)
Female
(10)
Total
N=20
Male
(30)
Female
(30)
Total
N=60
37
(61.66)
Yes
5
(50)
2
(20)
7
(35)
10
(100)
6
(60)
16
(80)
8
(80)
6
(60)
14
(70)
23
(76.67)
14
(46.67)
No
2
(20)
7
(70)
9
(45)
4
(40)
4
(20)
1
(10)
3
(30)
4
(20)
3
(10)
14
(46.67)
No
Response
3
(30)
1
(10)
4
(20)
1
(10)
1
(10)
2
(5)
4
(13.33)
2
(6.66)
17
(28.34)
6
(10)
Responses
18-35 Years
(Married)
Male
(10)
Female
(10)
Total
N=20
Male
(10)
Female
(10)
Total
N=20
Male
(10)
Female
(10)
Total
N=20
Male
(30)
Fema
le
(30)
Total
N=60
13
(21.6)
Yes
2
(20)
2
(20)
4
(20)
4
(40)
2
(20)
6
(30)
1
(10)
2
(10)
3
(15)
7
(23.54)
6
(20)
No
4
(40)
8
(80)
12
(60)
5
(30)
8
(80)
3
(15)
8
(80)
8
(80)
16
(80)
17
(56.67)
24
(80)
No
Response
3
(30)
3
(15)
1
(10)
1
(5)
1
(10)
1
(5)
5
(16.66)
5
(8.34)
Other
Responses
1
(10)
1
(5)
1
(3.33)
1
(8.34)
41
(68.34)
Responses
No.
18-26 Years
(Unmarried)
18-35 Years
(Married)
Male
(2)
Female
(2)
Total
N=4
Male
(4)
Female
(2)
Total
N=6
Male
(1)
Female
(2)
Total
N=3
Male
(7)
Female
(6)
Total
N=13
2
(15.39)
2
(50)
2
(33.33)
2
(28.57)
1
(25)
1
(16.66)
1
(14.28)
1
(7.69)
Termination of
pregnancy to
maintain gap
between babies
1
(50)
1
(16.66)
1
(16.66)
1
(7.69)
1
(50)
2
(100)
3
(75)
1
(25)
1
(50)
2
(33.33)
1
(100)
2
(100)
3
(100)
3
(42.85)
5
(83.33)
8
(61.54)
No Response
1
(50)
1
(25)
1
(14.28)
1
(7.69)
29
SECTION-III
INCREASING GAP BETWEEN SEX RATIO
The decline in sex-ratio in India is not recent but a century old. Since 1901, the sex ratio
in Punjab has been consistently lower than the national average. The gap in the sex ratio in
Punjab with that of national sex ratio was 184 points in 1911 and of 45 points in 1991.
Census 2001 has recorded an improvement in sex ratio from 927 in 1991 to 933 in 2001.
In the 0-6 age group, it was 793 in 2001 as compared to 875 in 1991. In the 0-6 age group, it
was 793 in 2001 as compared to 875 in 1991. It means that the sex ratio in the state has
consistently been adverse to the females.
During the probe the respondents were asked if they were aware of this fact that number
of girls in Punjab is significantly decreasing (Table-1.22). It was good that 96.66% of the
respondents were aware and had knowledge about the fact. Not only the 18-26 unmarried age
group (Male 90%, female 100%) and young married 18-35 (Male 100%, female 100%) were
aware of the fact but also senior citizens (60 and above : male 90% and female 100%) had the
awareness about it.
More investigation was done (Table-1.23) to know about how they got information about
the declining sex ratio. It was found that the electronic and print media which is easily available
in the villages gave them the maximum information. 79.31% of the respondents got the
information about the fact from visual media and 20.68% of the respondents got it from the print
media (newspapers). 22.41% of the respondents received knowledge from their neighbourhood
friends. However, only 3.44% of the respondents got this information through lectures, camps or
seminars (organized by different NGOs) or Satsangs.
Further probe was done to know if they are worried about the declining sex ratio when
they know well about it (Table-1.24). The people feel deep concerned and bad over the
disappearing number of girls. 73.33% of the people were worried and felt bad about the fact.
From this fact, it can be analysed that if the people feel worried about it, their minds can be
easily changed and they can be easily changed and they can be inspired and motivated.
30
Responses
No.
18-26 Years
(Unmarried)
18-35 Years
(Married)
Male
(10)
Female
(10)
Total
N=20
Male
(10)
Female
(10)
Total
N=20
Male
(10)
Female
(10)
Total
N=20
Male
(30)
Female
(30)
Total
N=60
Yes
9
(90)
10
(100)
19
(95)
10
(100)
10
(100)
20
(100)
9
(90)
10
(100)
19
(95)
28
(93.34)
30
(100)
58
(96.66)
No
1
(10)
1
(5)
1
(3.33)
1
(1.67)
Cannot say
1
(10)
1
(3.33)
1
(1.67)
Responses
No.
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(9)
(10)
N=19
(10)
(10)
N=20
(9)
(10)
N=19
(28)
(30)
N=58
Friends
(3.33)
(20)
(26.31)
(3.33)
(20)
(26.31)
Newspapers
13
(20)
(10)
(22.22)
(40)
(31.57)
(17.85)
(26.66)
(22.41)
(10)
(40)
(25)
(22.22)
(10.52)
(21.42)
(20)
12
(20.68)
Radio/TV/
16
10
17
26
13
20
46
Movies
(88.88)
(80)
(84.21)
(100)
(70)
(85)
(88.88)
(50)
(92.85)
(68.42)
(66.66)
(79.31)
Any other,
(10)
(5.26)
specify
(10)
(5.26)
(6.66)
(3.44)
Table-1.24 : Are you worried about the declining ratio between the Boys and the Girls?
S.
Responses
No.
Yes
No
Cannot say
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(10)
(10)
N=20
(10)
(10)
N=20
(10)
(10)
N=20
(30)
(30)
N=60
15
14
15
22
22
44
(80)
(70)
(75)
(60)
(80)
(80)
(80)
(70)
(75)
(73.34)
(73.33)
(73.33)
(10)
(20)
(15)
(30)
(20)
(25)
(10)
(10)
(15)
(16.66)
(20)
(10)
(10)
(10)
(10)
31
11
(18.33)
(5)
(10)
(10)
(20)
(10)
(6.67)
(8.34)
Respon
No.
ses
Agree
Disagree
Cannot
say
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Femal
Total
Male
Femal
Total
Male
Femal
Total
Male
Female
Total
(8)
e (7)
N=15
(6)
e (8)
N=14
(8)
e (7)
N=15
(22)
(22)
N=44
14
14
15
21
22
43
(87.5)
(100)
(93.33)
(100)
(100)
(100)
(100)
(100)
(100)
(95.45)
(100)
(97.72)
(12.5)
(6.66)
(4.54)
1
(2.27)
32
groups / regions and more commonly to the purchase of women. Men would face the problem of
non-availability of women in their community of home and so go in for cash purchase of wives.
Wife sharing by a set of brothers (or sometimes even by patri-lateral parallel cousins) is
prevalent in particular caste groups in Haryana and Punjab and parts of Rajasthan. Perhaps
further scarcity of women can result polyandry.
When the respondents were asked about the consequences of this social disaster,
79.06% of the respondents opined that finding a suitable bride would be a nasty problem.
53.48% of the respondents replied that it would give rise to increase in number of sex related
crimes like rape and 2.32% of the respondents were of the view that it would result in immoral
trafficking in female. 9.30% of the respondents reported that it would result into the old practice
of polyandry. 16.27% of the respondents gave different views as the category 60 and above, a
male was worried that the continuity of the disappearing of the girls could bring the nation to an
end. Category 18-35 married male pointed out that it would upset the balance of the society.
One of the respondents (male 18-26 unmarried) in the sample gave the argument that the gay
problem would increase. One of the respondents replied that without females the birth of the
boys would become quite impossible. Only 4.65% of the respondents made no argument (Table1.26).
Table-1.26 : If agree what would be the possible consequences?
S.
Responses
no
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(7)
(7)
N=14
(6)
(8)
N=14
(8)
(7)
N=15
(21)
(22)
N=43
Sex related
10
14
23
crime would
(71.42)
(71.42)
(71.42)
(50)
(37.5)
(42.85)
(75)
(14.28)
(46.66)
(16.66)
(40.90)
(53.48)
(14.28)
(7.14)
increase
2
Immoral traffic
in female would
(4.54)
1
(2.32)
increase
3
Getting married
12
11
11
15
19
34
would be a
(71.42)
(100)
(85.71)
(66.66)
(87.5)
(78.57)
(75)
(71.42)
(73.33)
(71.42)
(86.36)
(79.06)
May lead to
polyandry
(14.28)
nasty problem
4
(7.14)
(16.66)
(12.5)
(14.28)
(12.5)
Any other,
specify
(14.28)
(14.28)
(14.28)
(33.33)
Cannot say
(14.28)
(7.14)
33
(14.28)
(37.5)
(6.66)
(14.28)
(4.54)
(9.30)
(20)
(28.57)
(4.54)
16.27)
(14.28)
(6.66)
(4.76)
(4.54)
(4.65)
Responses
No.
Parents consider
daughter as a
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(10)
(10)
N=20
(10)
(10)
N=20
(10)
(10)
N=20
(30)
(30)
N=60
14
(40)
(30)
(35)
(10)
(10)
(10)
(30)
(20)
(25)
(26.66)
(20)
(23.33)
Burden
2
3
Family Pressures
Hostile attitudes
towards girls
4
5
Escalating Dowry
Girls not add to
family income
7
8
(10)
(50)
(30)
(10)
(50)
(30)
(10)
(10)
(30)
(20)
(10)
(20)
(15)
(10)
10
(10)
(33.33)
11
(30)
(20)
(10)
(26.66)
(18.33)
(21.66)
13
14
10
23
14
37
(70)
(60)
(65)
(80)
(60)
(70)
(80)
(20)
(50)
(76.66)
(46.66)
(61.66)
(20)
(10)
(15)
(30)
(20)
sexual exploitation
(30)
13
1
(5)
happy after
(10)
-
(15)
(20)
-
(20)
(10)
(15)
(10)
(10)
(5)
(5)
(20)
(3.33)
(11.66)
(10)
(6.66)
(3.33)
(5)
(16.66)
5
(8.33)
13
14
(60)
(30)
(10)
(50)
(30)
(3.33)
(43.33)
(23.33)
marriage
9
Finding a suitable
(20)
(10)
(30)
(15)
(16.66)
(8.33)
problem
10
Any other
(10)
(3.33)
(1.66)
35
SECTION-IV
Knowledge About Law
Medical test of the pregnancy is legally allowed in India if the mother faces some health
abnormalities but sex selection after the conception is strictly prohibited under the Pre-natal
Diagnostic Technique Act (PNDT) and Rules 1994. Implementation of PNDT Act has become a
big challenge for the Government because the crime pre-natal sex selection is a crime
committed by both the parties. The Medical Termination of Pregnancy Act was passed in 1971.
Under the Act, pregnancy can be terminated on three grounds : (i) Health Measure when the
life of the woman is in danger, (ii) on Humanitarian Grounds when the pregnancy is due to sex
crime like rape or intercourse with a lunatic woman, and (iii) on Eugenic grounds where there
is substantial risk that the child, would suffer from deformities and diseases.
The Act specifies that a pregnancy may be terminated by a registered medical practitioner
where the length of the pregnancy does not exceed 12 weeks. However, if pregnancy exceeds
12 weeks but does not exceed 20 weeks, then on the advice of not less than two registered
practitioners, it can be terminated in good faith.
The PNDT Act which came into force on 01 January 1996 and amended in 2002 is now
known as The Pre-Conception and Prenatal Diagnostic Techniques (Prohibition of Sex
Selection) (Amendment) Act, 2002 deals with the issue of pre-natal sex-determination.
This Act provides for
1. prohibition of the misuse of the pre-natal diagnostic techniques for determination of sex of
foetus, leading to female foeticide;
2. prohibition of advertisements of the pre-natal diagnostic techniques for detection and
determination of sex;
3. permission and regulation of the use of the pre-natal diagnostic techniques for the
purpose of detection of specific genetic abnormalities or disorders;
4. permitting the use of such techniques only under certain conditions by the registered
institutions; and
5. punishment for violation of the provisions of the Act.
This Act was passed after various vigorous public campaigning against the misuse of
medical technology. In fact, it was during the 1980s that this misuse came to light. It was during
the 1980s only, when determination of sex of the foetus using prenatal diagnostic techniques
flourished in north-western India with the springing up of various pre-natal diagnostic centres.
Initially the people had no idea bout the misuse of the diagnostic techniques. But in the
early 1980s there were advertisements in trains, buses and other places for sex-determination in
Bombay and in late 1980s in Delhi. These advertisements presumably attracted attention of the
36
other concerned public and since then there have been various public campaigns against this
evil.
In 1988 Maharashtra became the first State where a law was framed for the regulation of
the use of pre-natal diagnostic techniques. This Act proved very effective and due to this, the
number of sex-determination clinics in Bombay came down significantly. The Maharashtra Act
was able to establish that sustained efforts of the public and the government can eradicate this
practice from our society, provided there is a central legislation. Various organizations joined
hands over a demand for a central legislation and it was in 1991, a Bill was introduced in Lok
Sabha. A joint committee of both the Houses of Parliament studied the Bill and later on, on the
basis of the recommendations of the committee, the Bill was passed. It got the assent of the
President on 20 September 1994 and came into force on 01 January 1996. In 2002, the Act was
amended and now it is called as The Pre-Conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) (Amendment) Act, 2002.
Present PNDT Act is full of loopholes. Law cannot control the information that is conveyed
through a mere smile or frown face.
In the sampled village, respondents were asked whether they know about the law passed
by the Government for curbing female foeticide. 85% of the respondents know that there is some
legislation concerning with the female foeticide but they had little knowledge about the name of
the law or when it was passed and if violated the extent of the punishment. They expressed total
ignorance about the law. Among the respondents, who had heard about the law but could not
exactly tell what, where and how it was to be implemented. 15% of the respondents had hardly
heard about the law. So it can be estimated that in rural areas people have little knowledge
about the PNDT Act and the extent of punishment under the law.
The respondents who had a little knowledge about the Act were again asked whether the
law has succeeded in preventing the sex selective abortions to some extent. Only 26.67% of the
respondents replied in affirmative. Under the third category of the respondents 60 years and
above (both male and female), only 5% of the respondents held the view that law has been
succeeded in curbing the practice. From this study, it is clear that the experienced and elderly
people know about the effectiveness of the law. 46.67% of the respondents felt that the law has
not been effective at all. 11.66% of the respondents did not say anything about it (Table-1.28).
37
Table-1.28 : If you are familiar with the law, do you think it has succeeded in curbing this
practice to some extent?
S.
Response
No.
Yes
No
Cannot
say
18-35 Years
(Unmarried)
(Married)
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(9)
(8)
N=17
(9)
(8)
N=17
(10)
(07)
N=17
(28)
(23)
N=51
(20)
(50)
(35)
(30)
(50)
(40)
(10)
(60)
(10)
(35)
(60)
(20)
(40)
(70)
(10)
(20)
(15)
10
16
(5)
(20)
(33.33)
(26.67)
13
19
(60)
(65)
(63.33)
(30)
28
(46.67)
(10)
(5)
(20)
(10)
(15)
(10)
(13.33)
(11.66)
quoted the name of sister-in-law were the males only). 8.33% of the respondents said that it is
wife's mother/father who compels her for this. It can be estimated that all the family members are
equally responsible for this crime. A tacit understanding prevails between everyone.
* Table-1.29 : According to your view who in a family takes the decision to go for
abortion?
S.
Responses
No.
Husband
Mother-in-law
Sister-in-law
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(10)
(10)
N=20
(10)
(10)
N=20
(10)
(10)
N=20
(30)
(30)
N=60
12
10
12
18
16
34
(60)
(60)
(60)
(50)
(50)
(10)
(70)
(50)
(60)
(60)
(53.33)
(56.66)
16
15
15
24
22
(80)
(80)
(80)
(80)
(70)
(75)
(80)
(70)
(75)
(80)
(73.33)
(5)
(10)
(5)
(30)
(15)
(16.66)
(10)
4
Self
Wifes'
Mother-father
46
(76.66)
5
(8.33)
15
11
(10)
(40)
(25)
(30)
(40)
(35)
(20)
(10)
(15)
(20)
(16.66)
(18.33)
(5)
(10)
(10)
(5)
(20)
(10)
(15)
(13.33)
(3.33)
(8.33)
Who should be punished for the act of pre-natal test and abortion?
If the law relating to abortions are to be made more effective, punishment to the guilty party is
necessary. There is need for generating awareness in the people about the punishment at the
39
community level. People involved in such a heinous crime must not only be socially boycotted
but also branded as killers. Medical professionals and the couples must get the severe
punishment for the violation of the PNDT Act 1994. In our study (Table-1.30), 45% of the
respondents were of the opinion that the doctors and the staff of the clinic must be punished.
25% of the respondents strongly gave the opinion that the family members must be send behind
the bars. 15% of the respondents favoured separate punishment for the husband. 16.66% of the
respondents favoured punishment for the wife herself. 35% of the respondents expressed that all
the people involved in the female foeticide must be sent to jail because it is not the crime
committed by one person. It is common knowledge that a code is used and the patient gets the
message.
* Table-1.30 : Who do you think must be punished for the act of pre-natal test and
abortion?
S.
Responses
No.
Doctor &
Staff
Family
Members
Husband
Wife
All
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(10)
(10)
N=20
(10)
(10)
N=20
(10)
(10)
N=20
(30)
(30)
N=60
13
12
15
27
(30)
(40)
(35)
(60)
(70)
(65)
(30)
(40)
(35)
(40)
(50)
(45)
12
(40)
(10)
(25)
(40)
(10)
(25)
(40)
(10)
(25)
(40)
(10)
15
(25)
(20)
(20)
(20)
(10)
(10)
(10)
(20)
(10)
(15)
(16.66)
(13.33)
(15)
10
(20)
(10)
(10)
(20)
(15)
(20)
(30)
(25)
(10)
(23.33)
(16.66)
13
21
(40)
(40)
(40)
(40)
(10)
(25)
(50)
(30)
(40)
(43.33)
(26.66)
(35)
40
Responses
No
.
Yes
No
Cannot say
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(10)
(10)
N=20
(10)
(10)
N=20
(10)
(10)
N=20
(30)
(30)
N=60
(30)
(15)
10
(80)
(20)
(50)
(20)
(10)
(10)
(20)
(15)
(3.34)
(23.34)
(13.34)
11
16
10
(30)
(20)
(25)
(50)
(60)
(55)
(53.33)
(33.33)
26
(43.33)
13
13
13
26
(20)
(50)
(35)
(70)
(60)
(65)
(40)
(20)
(30)
(43.33)
(43.33)
(43.33)
41
* Table-1.32 : If No, what more is required to be done? or What efforts should the
government take?
S.
No.
Responses
18-35 Years
(Married)
Male
(8)
Female
(2)
Total
N=10
Male
(3)
Female
(2)
Total
N=5
Male
(5)
Female
(6)
Total
N=11
Male
(16)
Female
(10)
Total
N=26
4
(50)
1
(50)
5
(50)
2
(66.66)
1
(50)
3
(60)
2
(40)
2
(18.1
8)
8
(50)
2
(20)
10
(38.46)
5
(62.5)
5
(50)
1
(33.33)
1
(20)
2
(40)
4
(66.66)
6
(54.5
4)
8
(50)
4
(40)
By empowering /
educating women
By making stronger
laws
By ensuring their
proper
implementation
2
(25)
2
(20)
1
(33.33)
1
(20)
1
(20)
1
(16.66)
2
(18.1
8)
4
(25)
1
(10)
5
(19.23)
By generating
awareness among
public about law
2
(25)
2
(20)
1
(16.66)
1
(9.09)
2
(12.5)
1
(10)
3
(11.53)
1
(50)
1
(20)
1
(16.66)
1
(9.09)
1
(6.25)
1
(10)
2
(7.69)
1
(12.5)
1
(10)
1
(6.25)
1
(3.846)
Involving community
based organizations
and volunteers
All
1
(50)
1
(10)
1
(3.846)
12
(46.15)
42
43
Responses
No.
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(10)
(10)
N=20
(10)
(10)
N=20
(10)
(10)
N=20
(30)
(30)
N=60
18-26 Years
By generating awareness
among public about law
17
(10)
(30)
(20)
(30)
(20)
(25)
(50)
(30)
(40)
(30)
(26.66)
(28.33)
(20)
(30)
(25)
(20)
(20)
(20)
(10)
(20)
(15)
(16.66
(23.33)
12
(20)
)
3
10
11
18
12
30
(40)
(50)
(45)
(60)
(40)
(50)
(80)
(30)
(55)
(60)
(40)
(50)
as well as doctor
4
15
22
(20)
(60)
(40)
(30)
(50)
(40)
(20)
(40)
(30)
(23.33
(50)
(33.33)
)
5
Involving community
based organizations and
(30)
(15)
(10)
(20)
(15)
(10)
(5)
(16.66
(6.66)
(11.66)
volunteers
6
)
1
(10)
(10)
(20)
2
(10)
(20)
(10)
(10)
(6.66)
(8.33)
44
Role of Religion
Religious ethicists are in a good position to analyse the complex relationships between genderbased roles, limitations, and opportunities, on the one hand, and religious beliefs and practices,
on the other. Many ethicists also take on the constructive task of developing a socio-economic
ethic from their religious tradition in the face of complex forces (for example : Female foeticide as
violative of the tenets of Sikhism). Guru Nanak asserted that women were not at all inferior to
men :
From the woman is our birth, in the womans womb are we shaped;
To the woman we are engaged, to the woman we are wedded;
The woman is our friend and from the woman is the family;
If one woman dies, we seek another, through the woman are the bonds of the
world;
Why call woman evil who gives birth to kings?
From the woman comes the woman, without woman there is none;
O Nanak, God alone is the one Who is independent of the woman (because He is
unborn).
(Var Asa Mohalla 1, 2-19, p-473)
The Sikh clergy proclaimed a social boycott of those Sikhs who practiced female foeticide.
There is a Hukamnama against ultrasound tests in Punjab. The SGPC is planning to setup
cradles to receive unwanted girl-child at Gurudwaras, the project Nanhi Chaanh has been
launched by the state by MP Harsimrat Kaur Badal and SGPC to spread awareness regarding
protection of the girl child and preservation of trees.
When the respondents were asked if they were aware about the Hukamnama of Sri Akal
Takhat Sahib which was issued in 2001 (Table-1.34). Only 35% of the total respondents know
about the resolution against female foeticide. Majority of the respondents (65%) were ignorant
about it. The study indicates that although the Hukamnama of Sri Akal Takhat Sahib was issued
yet it could not make much impact on the minds of the people because passing the resolution is
not enough, efforts must be made to give sufficient knowledge to the people about it. The
religious organizations can play a vital role in reforming the society by creating a moral influence.
The Hukamnama issued by Sri Akal Takhat Sahib on April 18, 2001 called upon the Sikhs
not to kill their daughters. A further probe was made from the respondents who know about the
resolution. They were asked whether Sri Akal Takhat Sahib's decision of branding the culprit as
"Kudi Maar" has been able to reduce the practice to some extent (Table-1.35)? 38.09% of the
respondents replied in affirmative while 52.38% of the respondents reply was in negative. 4.76%
of the respondents expressed no opinion. One of the respondents (18-35 married category male)
said that it is the poor only who give ear to the Hukamnama otherwise the rich people are not
45
effected by it.
Table-1.34 : Do you think that Sri Akal Takhat Sahib has passed a resolution against
female foeticide a couple of years back? Yes/No
S.
Responses
No.
Yes
18-26 Years
18-35 Years
(Unmarried)
(Married)
No
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Female
Total
(10)
(10)
N=20
(10)
(10)
N=20
(10)
(10)
N=20
(30)
(30)
N=60
(70)
2
15
21
(35)
(50)
(10)
(30)
(30)
(50)
(40)
(50)
(20)
(35)
10
13
14
12
15
24
(30)
(100)
(65)
(50)
(90)
(70)
(70)
(50)
(60)
(50)
(80)
39
(65)
Table-1.35 : If yes, has Sri Akal Takhat Sahib's decision of branding the culprit as "Kudi
Maar" has been able to reduce the practice to some extent?
S.
Responses
No.
Yes
18-26 Years
18-35 Years
(Unmarried)
(Married)
(Married)
Age Groups
Male
Female
Total
Male
Female
Total
Male
Female
Total
Male
Femal
Total
(7)
(-)
N=7
(5)
(1)
N=6
(3)
(5)
N=8
(15)
e (6)
N=21
(42.85)
2
No
(57.14)
3
Cannot Say
(42.85)
(20)
(16.66)
(33.33)
(60)
(50)
(33.33)
(50)
(38.09)
(57.14)
(60)
(100)
(66.66)
(33.33)
(40)
(37.5)
(53.33)
(50)
(12.5)
(6.66)
(33.33)
4
Miscellaneo
us
(20)
1
(16.66)
1
(6.66)
11
(52.39)
1
(4.76)
1
(4.76)
respondents wanted social boycott of such families which shows that people want to reform the
culprits and do not want to expel them from the society. However, 26.66% of the respondents
had different opinions regarding this practice. Some of them called this practice a sin and
immoral act so it should be stopped. One of the respondents (18-26 unmarried male category)
frankly admitted that excess of everything is bad. The day is not far when the people would
themselves realize that they are heading towards hell by committing such inhuman acts and
going against the laws of nature. One of the young married male even said that there must be
some provision in every religion to punish the evil doers.
An elderly woman (60 and above category) opined that all the religions should
make a common programme to fight such social evils. Diwans should be set up from the saintly
people could deliver their views. Another elderly male (60 and above category) burst out his
anger by saying that the people who indulge in such practices must be given capital punishment.
The study reveals that all the respondents wanted the intervention of religious
organizations to uproot the evil from the society. For this they want that the religion must enjoy
privileges because the people are more closely attached to their religions.
Table-1.36 : What more can such organizations do?
S.
No
.
Responses
18-35 Years
(Married)
Male
(10)
Femal
e (10)
Total
N=20
Mal
e
(10)
Femal
e (10)
Tot
al
N=2
0
Male
(10)
Femal
e (10)
Tota
l
N=2
0
Male
(30)
Femal
e (30)
Total
N=60
11
(18.33
)
Should empower
women/educate
women
4
(40)
4
(20)
1
(10)
3
(30)
4
(20)
1
(10)
2
(20)
2
(6.66)
9
(30)
Should ensure
social boycott of
such family
1
(10)
1
(5)
1
(3.33)
Should act as a
pressure group for
the rich and
influential who
indulge in this
practice and go
Scot free
2
(20)
5
(25)
1
(10)
1
(10)
2
(10)
4
(13.3
3)
3
(10)
7
(11.66
)
3
(30)
6
(30)
4
(40)
4
(40)
8
(40)
4
(40)
4
(40)
4
(20)
11
(36.6
6)
11
(36.66
)
2
(36.66
)
1
(10)
3
(15)
1
(10)
3
(30)
4
(20)
2
(20)
2
(20)
4
(20)
5
(16.6
6)
6
(20)
11
(18.33
)
2
(20)
4
(20)
5
(50)
2
(20)
7
(35)
4
(13.3
3)
1
(10)
5
(25)
11
(36.6
6)
5
(16.66
)
16
(26.66
)
(30)
3
(30)
Should appoint
volunteers to work
in communities
Any other, specify
2
(20)
2
(20)
47
1
(1.66)
CONCLUSION
It is an acknowledged factor that practically in all the civilizations women have been
viewed as 'guardians of the culture'. This remains true even when, if viewed from the outside,
certain aspects of the culture can be said to be harmful to women. Underlying such anomaly is
the general view of cultural practices as beneficial to society, and the privilege accorded to those
who conform to the culture by practicing and maintaining it.
One of the cultural such practices which have a negative impact upon women is : Female
Foeticide. In the same way women from different parts of the world may be approaching the
question of culture from different angles, but there seems to be a general agreement that
tackling gender oppression based in culture necessitates enabling women to empower
themselves and raise their status in societies.
The visible face of powerlessness in the gender system are women. Instead of
empowering women with male support, it is the social context that disempowers them, which has
to be addressed. The exercise of bias is ideologically rooted in institutions, gender norms, roles,
practices and beliefs and exercised through 'anonymous social mechanisms'. Social processes
and the web of structural and cultural institutions have to be dismantled to allow the
empowerment project to root out gender hierarchies. So it is not women or men that have to be
'sensitized' but practices such as dowry, manifestation of masculinities - peminities, transforming
sexual division of labour and women's rights to inheritance that have to be targetted.
Abortion on gender grounds alone is morally wrong. The question of women's
reproductive "freedom" in highly son-preferential cultures bears close attention. Strong son
preference and other structural facts of patriarchy limit women's "freedom" to exercise choice
even when it appears that they are doing so. But if we avoid considering the structural limitations
that patriarchy places on women's choices, we deny the fact that a woman in such a context is
not "free" to choose to have a daughter instead of a son. She is "free" only to comply with the
masculinist reproductive mandate, but she is not free to resist that mandate. Pure reproductive
freedom is the complete absence of constraints and structural choice and should, therefore,
logically result in equal sex ratios at birth. Conversely, unbalanced SRBs can be taken as
evidence of the lack of reproductive freedom.
Two distinct approaches to combating female foeticide have emerged in India : these are
the provision of equal opportunities and addressing technological determination. The underlying
assumption of both these approaches is that the existing development paradigm has a built-inmechanism to capacitate or incapacitate women's' empowerment and has a varying impact on
female foeticide. (The capability approach asserts that the well-being of a person is
fundamentally dependent upon her or his ability to be an active participant in society. Freedom in
its various forms requires persons to be able to exercise their agency). There are intrinsic
reasons to focus on the agency of woman as well as on their well-being. The relative respect
and regard for women's well being is strongly influenced by such variables as women's ability to
earn an independent income, to find employment outside the home, to have ownership rights
and to have literacy and be educated participants in decisions within and outside the family.
"Game Theory" can be employed as a social scientific method of modeling conflict as well
as co-operation among self-interested actors. "Gender as cooperative conflict" opens up new
space for using the tools of game theory to understand intra-household relations and
distributions. Game theory assumptions can be modified to account for the fact that individuals in
the household may well not hold purely self-regarding interests. In terms of the model of gender
relations as cooperative conflict, the increased agency of women gives them a stronger
bargaining position vis--vis men. Women who have experiences and skills outside of the house
have a much stronger "fall-back" position in negotiations with other persons within their
household. Womens' agency has a strong instrumental impact on the well being of children boys and especially girls. Women's education and literacy tend to reduce the mortality rates of
children. When they have a more adequate education, mothers have a stronger position in
cooperative conflicts, both within and outside the household, that have bearing on children's
well-being. Development economists have mounted significant support for the claim that mothers
tend to spend a much higher proportion of money in their control than fathers do on goods and
services that benefit their children.
The situation of girl child is, to use an analogy from physics, like that of a particle in a well.
Imagine a ball in a bowl-shaped pit. The walls of the pit provide the barrier that the ball must
overcome in order to get out of the pit. The higher the barrier, the more difficult it is for the ball to
overcome it. The extreme example of this is the black hole where the barrier is so high that even
light is unable to escape out of it.
Traditional solutions offered by classical physics essentially require enough energy to be
imparted to the ball so that it overcomes the barrier. Either the kick-imparted to it has to be
sufficiently strong or one could just pick it up and place it outside the pit or, radically, break the
barrier to allow the ball to roll out. In short, single drastic solutions are on the offer. But in reality
particles do emerge out of these barriers even without such solutions. Alpa particles breaking
from the stranglehold of the nucleus and even black holes emitting matter. How does it happen?
Quantum physics tells that they 'tunnel' through the barrier; a non-radical solution indeed but
does help them break free. We can likewise wait for radical solutions to happen i.e., for a
revolution, for the perfect enforcement of the PNDT Act, for the emergence of that elusive entity
called the political will or await a change of heart among foeticide service providers who worship
profit at all costs. While each of these solutions must be explored, it is useful in the meantime, to
Any effective campaign against female foeticide needs to include the complete agenda of
a civil society. A broader agenda of social transformation and cultural renaissance with a more
democratic space and outlook is required where girls and women too can live with dignity and
pride. Women should refuse marriage into households or be very careful of families that have
only male children or a very high percentage of males. A few innocents will be in needless
trouble, but sometimes poisonous and normal snakes look alike and it is better to get out a stick
and protect your own daughters and sisters. Women should create a feminine movement so that
women feel a sisterhood towards each other and stand up for a woman in a neighbouring house
rather than turn a blind eye.
References :
Satish B Agnihotri, "Survival of the Girl Child : Tunnelling Out of the Chakravyuha", Economic
and Political Weekly, Vol. 38, No. 41, Oct. 11, 2003.
President K.R. Narayanan's address at Republic Day quoted in Ashish Bose, "Gurbing Female
Foeticide", Economic and Political Weekly, Feb. 23, 2002, p. 696.
Ajinder Walia, "Female Foeticide in Punjab : Explosing the Socio-economic Cultural
Dimensions", IDEA : A Journal of Social Issues, Vol. 10, No. 1, Aug. 9, 2005 at
www.ideajournal.com/articles.php/ id = 37
Devaki Monani Ghansham, Womens Studies Research Unit, School of Social Work, University
of Melbourne, Paper presented at Tounsville International Womens' Conference - Australia, 3-7
July, 2002, James Cook University, "Poverty, Violence and Womens' Rights : Setting a Global
Agenda".
Daniel Goodkind, "Should Prenatal Sex Selection be Restricted? : Ethical Questions and their
Implications for Research and Policy", Population Studies: A Journal of Demography, Vol. 53,
No. 1, 1999, pp. 49-61 see also A Getti's, J. Getti's and J.D. Fellman "Introduction to Geography
9th edition), New York : McGrew Hill, 2004, p. 200.
N. Krishnaji, "Trends in Sex Ratio : A Review in Tribute to Ashok Mitra", Economic Political
Weekly, Vol. 35, No. 14, April 1-7, 2000, p. 1162.
K. Srinivasan, "Sex Ratio : What they Hide and What they Reveal", Economic Political Weekly,
Vol. 29, No. 51/52, Dec. 17-24, 1994, p. 3233.
Barbar, D. Miller, "Female Selective Abortion in Asia : Patterns, Policies and Debates", American
Anthropologist, Vol. 103, No. 4, Dec. 2001, p. 1092.
Manjeet Rathee, "Eradicate Scourage of Female Foeticide", Peoples' Democracy, Vol. XXV, No.
39, Sep. 30, 2001.
Indu Grewal and J. Kishore, "Female Foeticide in India", International Humanist and Ethical
Union : The World Union of Humanist Organizations", at http://www.iheu.org/female-foeticideinindia
Tulsi Patel (ed), "Sex Selective Abortion in India : Gender, Society, and New Reproductive
Technologies", New Delhi : Sage Publications, 2007, p. 43-44.
Dr. V.K.Goyal, Sex-Ratio in Punjab and India, paper presented at a conference at Nirman
Bhawan, New Delhi, April 28, 2008.
Barbara D. Miller, Female_Selective Abortion in Asia : Patterns, Policies and Debates, American
Anthropologist, Vol. 103, No. 4, Dec. 2001, pp. 1086-1087.
Tulsi Patel, "Missing Girls", Economic Political Weekly, Feb. 28, 2004, p. 889
D.P. Singh, Female Foeticide in Punjab : Causes and Consequences, New Delhi : Paragon
International Publishers, 2007.
Census of India, 2011, Provisional Population Totals Punjab, Directorate of Census Operations,
Annexure-A
THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF
MISUSE) ACT, 1994
[Act No. 57 of 1994, dated 20th September, 1994]
An act to provide for the regulation of the use of pre-natal diagnostic techniques for the purpose
of detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital
malformations or sex linked disorders and for the prevention of the misuse of such techniques
for the purpose of pre-natal sex determination leading to female feticide; and, for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:
PRELIMINARY
1.
This Act may be called the Pre-natal Diagnostic Techniques (Regulation and
Prevention of Misuse) Act, 1994.
(2)
It shall extend to the whole of India except the State of Jammu and Kashmir.
(3)
It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2.
Definitions.
(b)
(c)
(d)
"Genetic Clinic" means a clinic, institute, hospital, nursing home or any place, by
whatever name called, which is used for conducting pre-natal diagnostic
procedures;
(e)
"Genetic Laboratory" means a laboratory and includes a place where facilities are
provided for conducting analysis or tests of samples received from Genetic Clinic
for pre-natal diagnostic test;
(f)
(g)
(h)
(i)
(j)
(k)
(I)
(m)
(n)
(2)
(3)
No
medical
geneticist,
gynaecologist,
pediatrician
registered
medical
(2)
chromosomal abnormalities;
(ii)
(iii)
haemoglobinopathies;
(iv)
(v)
congenital anomalies;
(vi)
(3)
(i)
(ii)
the pregnant woman has undergone of two or more spontaneous abortions or foetal
loss;
(iii)
the pregnant woman had been exposed to potentially teratogenic agents such as
drugs, radiation, infection or chemicals;
(iv)
(v)
(4)
No person, being a relative or the husband of the pregnant woman shall seek or
encourage the conduct of any pre-natal diagnostic techniques on her except for the
purpose specified in clause (2).
5.
communicating
(1)
(a)
he has explained all known side and after effects of such procedures to the
pregnant woman concerned;
(b)
he has obtained in the prescribed form her written consent to undergo such
procedures in the language which she understands; and
(c)
a copy of her written consent obtained under clause (b) is given to the pregnant
woman.
(2)
6.
(b)
7.
(1)
The Central Government shall constitute a Board to be known as the Central Supervisory
Board to exercise the powers and perform the functions conferred on the Board under this
Act.
(2)
(a)
the minister in charge of the Ministry or Department of Family Welfare, who shall be the
Chairman, ex officio;
(b)
the Secretary to the Government of India in charge of the Department of Family Welfare,
who shall be the Vice-Chairman, ex officio;
(c)
(d)
(e)
ten members to be appointed by the Central Government, two each from amongst-
(f)
(i)
(ii)
(iii)
eminent pediatricians;
(iv)
(v)
three women Members of Parliament, of whom two shall be elected by the House of the
People and one by the Council of States;
(g)
(h)
an officer, not below the rank of a Joint Secretary or equivalent of the Central
Government, in charge of Family Welfare, who shall be the Member-Secretary, ex officio.
8.
(1)
The term of office of a member, other than an ex officio member, shall be,-
(a)
in case of appointment under clause (e) or clause (f) of subsection (2) of section 7, three
years; and
(b)
in case of appointment under clause (g) of the said sub-section, one year.
(2)
If a casual vacancy occurs in the office of any other members, whether by reason of his
death, resignation or inability to discharge his functions owing to illness or other
incapacity, such vacancy shall be filled by the Central Government by making a fresh
appointment and the member so appointed shall hold office for the remainder of the term
of office of the person in whose place he is so appointed.
(3)
The Vice-Chairman shall perform such functions as may be assigned to him by the
Chairman from time to time.
(4)
The procedure to be followed by the members in the discharge of their functions shall be
such as may be prescribed.
9.
(1)
The Board shall meet at such time and place, and shall observe such rules of procedure
in regard to the transaction of business at its meetings (including the quorum at such
meetings) as may be provided by regulations:
Provided that the Board shall meet at least once in six months.
(2)
The Chairman and in his absence the Vice-Chairman shall preside at the meetings of the
Board.
(3)
If for any reason the Chairman or the Vice-Chairman is unable to attend any meeting of
the Board, any other member chosen by the members present at the meeting shall
preside at the meeting.
(4)
All questions which come up before any meeting of the Board shall be decided by a
majority of the votes of the members present and voting, and in the event of an equality of
votes, the Chairman, or in his absence, the person presiding, shall have and exercise a
second or casting vote.
(5)
Members other than ex officio members shall receive such allowances, if any, from the
Board as may be prescribed.
10.
any vacancy in, or any defect in the constitution of, the Board; or
(b)
(c)
any irregularity in the procedure of the Board not affecting the merits of the case.
11.
(1)
The Board may associate with itself, in such manner and for such purposes as may be
determined by regulations, any person whose assistance or advice it may desire in
carrying out any of the provisions of this Act.
(2)
A person associated with it by the Board under sub-section (1) for any purpose shall have
a right to take part in the discussions relevant to that purpose, but shall not have a right to
vote at a meeting of the Board and shall not be a member for any other purpose.
12.
(1)
For the purpose of enabling it efficiently to discharge its functions under this Act, the
Board may, subject to such regulations as may be made in this behalf, appoint (whether
on deputation or otherwise) such number of officers and other employees as it may
consider necessary:
Provided that the appointment of such category of officers, as may be specified in such
regulations, shall be subject to the approval of the Central Government.
(2)
Every officer or other employee appointed by the Board shall be subject to such
conditions of service and shall be entitled to such remuneration as may be specified in the
regulations.
13.
All orders and decisions of the Board shall be authenticated by the signature of the Chairman or
any other member authorised by the Board in this behalf, and all other instruments issued by the
Board shall be authenticated by the signature of the Member-Secretary or any other officer of the
Board authorised in like manner in this behalf.
14.
has been convicted and sentenced to imprisonment for an offence which, in the opinion of
the Central Government, involves moral turpitude; or
(b)
is an undischarged insolvent; or
(c)
(d)
has been removed or dismissed from the service of the Government or a Corporation
owned or controlled by the Government; or
(e)
has in the opinion of the Central Government, such financial or other interest in the Board
as is likely to affect prejudicially the discharge by him of his functions as a member; or
(f)
has in the opinion of the Central Government, been associated with the use or promotion
of pre-natal diagnostic technique for determination of sex.
15.
16.
(ii)
to review implementation of the Act and the rules made thereunder and recommend
changes in the said Act and rules to the Central Government;
(iii)
to create public awareness against the practice of pre-natal determination of sex and
female foeticide;
(iv)
(v)
(1)
The Central Government shall appoint by notification in the Official Gazette, one or more
Appropriate Authorities for each of the Union territories for the purposes of this Act.
(2)
The State Government shall appoint, by notification in the Official Gazette, one or more
Appropriate Authorities for the whole or part of the State for the purposes of this Act
having regard to the intensity of the problem of pre-natal sex determination leading to
female foeticide.
(3)
The officers appointed as Appropriate Authorities under sub-section (1) or sub-section (2)
shall be,-
(a)
when appointed for the whole of the State or the Union territory, of or above the rank of
the Joint Director of Health and Family Welfare; and
(b)
when appointed for any part of the State or the Union territory, of such other rank as the
State Government or the Central Government, as the case may be, may deem fit.
(4)
(a)
(b)
to enforce standards prescribed for the Genetic Counselling Centre, Genetic Laboratory
and Genetic Clinic;
(c)
to investigate complaints of breach of the provisions of this Act or the rules made there
under and take immediate action; and (d) to seek and consider the advice of the Advisory
Committee, constituted under sub-section (5), on application for registration and on
complaints for suspension or cancellation of registration.
(5)
The Central Government or the State Government, as the case may be, shall constitute
an Advisory Committee for each Appropriate Authority to aid and advise the Appropriate
Authority in the discharge of its functions, and shall appoint one of the members of the
Advisory Committee to be its Chairman.
(6)
(a)
(b)
(c)
one officer to represent the department dealing with information and publicity of the State
Government or the Union territory, as the case may be;
(d)
three eminent social workers of whom not less than one shall be from amongst
representatives of women's organisations.
(7)
No person who, in the opinion of the Central Government or the State Government, as the
case may be, has been associated with the use or promotion of pre-natal diagnostic
technique for determination of sex shall be appointed as a member of the Advisory
Committee.
(8)
The Advisory Committee may meet as and when it thinks fit or on the request of the
Appropriate Authority for consideration of any application for registration or any complaint
The terms and conditions subject to which a person may be appointed to the Advisory
Committee and the procedure to be followed by such Committee in the discharge of its
functions shall be such as may be prescribed.
Clinics.
(1)
No person shall open any Genetic Counselling Centre, Genetic Laboratory or Genetic
Clinic after the commencement of this Act unless such Centre, Laboratory or Clinic is duly
registered separately or jointly under this Act.
(2)
Every application for registration under sub-section (1), shall be made to the Appropriate
Authority in such form and in such manner and shall be accompanied by such fees as
may be prescribed.
(3)
Every Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic engaged, either
partly or exclusively, in counselling or conducting prenatal diagnostic techniques for any
of the purposes mentioned in section 4, immediately before the commencement of this
Act, shall apply for registration within sixty days from the date of such commencement.
(4)
(5)
19.
Certificate of registration.
(1)
The Appropriate Authority shall, after holding an inquiry and after satisfying itself that the
applicant has complied with all the requirements of this Act and the rules made
thereunder and having regard to the advice of the Advisory Committee in this behalf,
grant a certificate of registration in the prescribed form jointly or separately to the Genetic
Counselling Centre, Genetic Laboratory or Genetic Clinic, as the case may be.
(2)
If, after the inquiry and after giving an opportunity of being heard to the applicant and
having regard to the advice of the Advisory Committee, the Appropriate Authority is
satisfied that the applicant has not complied with the requirements of this Act or the rules,
it shall, for reasons to be recorded in writing, reject the application for registration.
(3)
Every certificate of registration shall be renewed in such manner and after such period
and on payment of such fees as may be prescribed.
(4)
20.
(1)
The Appropriate Authority may suo moto, or on complaint, issue a notice to the Genetic
Counselling Centre, Genetic Laboratory or Genetic Clinic to show cause why its
registration should not be suspended or cancelled for the reasons mentioned in the
notice.
(2)
If, after giving a reasonable opportunity of being heard to the Genetic Counselling Centre,
Genetic Laboratory or Genetic Clinic and having regard to the advice of the Advisory
Committee, the Appropriate Authority is satisfied that there has been a breach of the
provisions of this Act or the rules, it may, without prejudice to any criminal action that it
may take against such Centre Laboratory or Clinic, suspend its registration for such
period as it may think fit or cancel its registration, as the case may be.
(3)
21.
Appeal.
The Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic may, within thirty
days from the date of receipt of the order of suspension or cancellation of registration
passed by the Appropriate Authority under section 20, prefer an appeal against such
order to-the Central Government, where the appeal is against the order of the Central Appropriate
Authority; and the State Government, where the appeal is against the order of the State Appropriate
Authority, in the prescribed manner.
22.
(1)
(2)
(3)
Any person who contravenes the provisions of sub-section (1) or subsection (2) shall be
punishable with imprisonment for a term which may extend to three years and with fine
which may extend to ten thousand rupees.
Explanation: For the purposes of this section, "advertisement" includes any notice,
circular, label wrapper or other document and also includes any visible representation
made by means of any light, sound, smoke or gas.
23.
(1)
Any medical geneticist, gynaecologist, registered medical practitioner or any person who
owns a Genetic Counselling Centre, a Genetic Laboratory or a Genetic Clinic or is
employed in such a Centre, Laboratory or Clinic and renders his professional or technical
services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or
otherwise, and who contravenes any of the provisions of this Act or rules made there
under shall be punishable with imprisonment for a term which may extend to three years
and with fine which may extend to ten thousand rupees and on any subsequent
conviction, with imprisonment which may extend to five years and with fine which may
extend to fifty thousand rupees.
(2)
The name of the registered medical practitioner who has been convicted by the court
under sub-section (1), shall be reported by the Appropriate Authority to the respective
State Medical Council for taking necessary action including the removal of his name from
the register of the Council for a period of two years for the first offence and permanently
for the subsequent offence.
(3)
Any person who seeks the aid of a Genetic Counselling Centre, Genetic Laboratory or
Genetic Clinic or of a medical geneticist, gynaecologist or registered medical practitioner
for conducting prenatal diagnostic techniques on any pregnant woman (including such
woman unless she was compelled to undergo such diagnostic techniques) for purposes
other than those specified in clause (2) of section 4, shall, be punishable with
imprisonment for a term which may extend to three years and with fine which may extend
to ten thousand rupees and on any subsequent conviction with imprisonment which may
extend to five years and with fine which may extend to fifty thousand rupees.
24.
25.
Penalty for contravention of the provisions of the Act or rules for which no specific
punishment is provided.
Whoever contravenes any of the provisions of this Act or any rules made thereunder, for
which no penalty has been elsewhere provided in this Act, shall be punishable with
imprisonment for a term which may extend to three months or with fine, which may extend
to one thousand rupees or with both and in the case of continuing contravention with an
additional fine which may extend to five hundred rupees for every day during which such
contravention continues after conviction for the first such contravention.
26.
Offences by companies.
(1)
Where any offence, punishable under this Act has been committed by a company, every
person who, at the time the offence was committed was in charge of, and was responsible to,
the company for the conduct of the business of the company, as well as-the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
(2)
under this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director, manager, secretary
or other officer shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation- For the purposes of this section,(a)
"company" means any body corporate and includes a firm or other association of
individuals, and
(b)
27.
28.
Cognizance of offences.
(1)
No court shall take cognizance of an offence under this Act except on a complaint made
by -
(a)
the Appropriate Authority concerned, or any officer authorised in this behalf by the Central
Government or State Government, as the case may be, or the Appropriate Authority; or
(b)
a person who has given notice of not less than thirty days in the manner prescribed, to the
Appropriate Authority, of the alleged offence and of his intention to make a complaint to
the court.
Explanation: For the purpose of this clause, "person" includes a social organisation.
(2)
No court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first
class shall try any offence punishable under this Act.
(3)
Where a complaint has been made under clause (b) of sub-section (1), the court may, on
demand by such person, direct the Appropriate Authority to make available copies of the
relevant records in its possession to such person.
MISCELLANEOUS
29.
Maintenance of records.
(1)
All records, charts, forms, reports, consent letters and all other documents required to be
maintained under this Act and the rules shall be preserved for a period of two years or for
such period as may be prescribed:
Provided that, if any criminal or other proceedings are instituted against any Genetic
Counselling Centre, Genetic Laboratory or Genetic Clinic, the records and all other
documents of such Centre, Laboratory or Clinic shall be preserved till the final disposal of
such proceedings.
(2)
All such records shall, at all reasonable times, be made available for inspection to the
Appropriate Authority or to any other person authorised by the Appropriate Authority in
this behalf.
30.
(1)
If the Appropriate Authority has reason to believe that an offence under this Act has been
or is being committed at any Genetic Counselling Centre, Genetic Laboratory or Genetic
Clinic, such Authority or any officer authorised thereof in this behalf may, subject to such
rules as may be prescribed, enter and search at all reasonable times with such
assistance, if any, as such authority or officer considers necessary, such Genetic
Counselling Centre, Genetic Laboratory or Genetic Clinic and examine any record,
register, document, book, pamphlet, advertisement or any other material object found
therein and seize the same if such Authority or officer has reason to believe that it may
furnish evidence of the commission of an offence punishable under this Act.
(2)
The provisions of the Code of Criminal Procedure, 1973 relating to searches and seizures
shall, so far as may be, apply to every search or seizure made under this Act.
31.
32.
(1)
The Central Government may make rules for carrying out the provisions of this Act.
(2)
In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for-
(i)
(ii)
(iii)
the procedure to be followed by the members of the Central Supervisory Board in the
discharge of their functions under sub-section (4) of section 8;
(iv)
allowances for members other than ex officio members admissible under sub-section (5)
of section 9;
(v)
the period intervening between any two meetings of the Advisory Committee under the
proviso to sub-section (8) of section 17;
(vi)
the terms and conditions subject to which a person may be appointed to the Advisory
Committee and the procedure to be followed by such Committee under sub-section (9) of
section 17;
(vii)
the form and manner in which an application shall be made for registration and the fee
payable thereof under sub-section (2) of section 18;
(viii)
(ix)
the form in which a certificate of registration shall be issued under sub-section (1) of
section 19;
(x)
the manner in which and the period after which a certificate of registration shall be
renewed and the fee payable for such renewal under sub-section (3) of section 19;
(xi)
(xii)
the period up to which records, charts, etc., shall be preserved under sub-section (1) of
section 29;
(xiii)
the manner in which the seizure of documents, records, objects, etc., shall be made andthe manner in which seizure list shall be prepared and delivered to the person from whose
custody such documents, records or objects were seized under sub-section (1) of section
30;
(xiv)
33.
The Board may, with the previous sanction of the Central Government, by notification in the
Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules
made thereunder to provide for(a)
he time and place of the meetings of the Board and the procedure to be followed for the
transaction of business at such meetings and the number of members which shall form
the quorum under sub-section (1) of section 9;
(b)
he manner in which a person may be temporarily associated with the Board under subsection (1) of section 11;
(c)
he method of appointment, the conditions of service and the scales of pay and allowances
of the officer and other employees of the Board appointed under section 12;
(d)
34.
Every rule and every regulation made under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or regulation or both Houses agree
that the rule or regulation should not be made, the rule or regulation shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done
under that rule or regulation.
Annexure-B
THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971
[Act No. 34 of 1971]
An Act to provide for the termination of certain pregnancies by registered medical practitioners
and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:
1.
(1)
This Act may be called the Medical Termination of Pregnancy Act, 1971.
(2)
It extends to the whole of India except the State of Jammu and Kashmir.
(3)
It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.
2.
Definitions.
"guardian" means a person having the care of the person of a minor or a lunatic;
(b)
"lunatic" has the meaning assigned to it in Sec.3 of the Indian Lunacy Act, 1912 (4 of
1912) ;
(c)
"minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of
1875), is to be deemed not to have attained his majority,
(d)
3.
(1)
Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered
medical practitioner shall not be guilty of any offence under that Code or under any other
law for the time being in force, if any pregnancy is terminated by him in accordance with
the provisions of this Act.
(2)
(a)
where the length of the pregnancy does not exceed twelve weeks if such medical
practitioner is, or
(b)
where the length of the pregnancy exceeds twelve weeks but does not exceed twenty
weeks, if not less than two registered medical practitioners are.
the continuance of the pregnancy would involve a risk to the life of the pregnant woman or
there is a substantial risk that if the child were born, it would suffer from such physical or
mental abnormalities as to be seriously handicapped.
Explanation-1: Where any, pregnancy is alleged by the pregnant woman to have been
caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a
grave injury to the mental health of the pregnant woman.
Explanation-2: Where any pregnancy occurs as a result of failure of any device or method
used by any married woman or her husband for the purpose of limiting the number of
children, the anguish caused by such unwanted pregnancy may be presumed to
constitute a grave injury to the mental health of the pregnant woman.
(3)
In determining whether the continuance of pregnancy would involve such risk of injury to
the health as is mentioned in sub-section (2), account may be taken of the pregnant
woman's actual or reasonable foreseeable environment.
(4)
(a)
No pregnancy of a woman, who has not attained the age of eighteen years,
or, who, having attained the age of eighteen years, is a lunatic, shall be terminated
except with the consent in writing of her guardian.
(b)
COMMENTS
More than one registered medical practitioner not needed for actual
termination of pregnancy:
The number of registered medical practitioners has relevance only with regard to the
formation of the opinion. Once the opinion has been formed by the required number of
registered medical practitioners, the actual termination of the pregnancy may be done by
one registered medical practitioner. It is not necessary that more than one registered
medical practitioner should act together to terminate a pregnancy.
4.
(b)
a place for the time being approved for the purpose of this Act by Government.
COMMENT
Pregnancy to be terminated at a Government hospital or approved place:
This section read with Sec.5, provides that a pregnancy which is terminated on one or more of
the grounds specified in Sec.3, should not be made at any place other than-
(a)
(b)
a place for the time being approved for the purpose of the Act by Government.
5.
(1)
(2)
Notwithstanding anything contained in the Indian Penal Code (45 of 1860), the
termination of a pregnancy by a person who is not a registered medical practitioner shall
be an offence punishable under that Code, and that Code shall, to this extent, stand
modified. Explanation: For the purposes of this section, so much of the provisions of
clause (d) of section 2 as relate to the possesion, by a registered medical practitioner, of
experience or training in gynecology and obstetrics shall not apply.
6.
(1)
The Central Government may, by notification in the Official Gazette, make rules to carry
out the provisions of this Act.
(2)
In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:
(a)
(b)
such other matters as are required to be or may be, provided by rules made under
this Act.
(3)
Every rule made by the Central Government under this Act shall be laid, as soon as may
be after it is made, before each House of Parliament while it is in session for a total period
of thirty days which may be comprised in one session or in two successive sessions, and
if, before the expiry of the session which it is so laid or the session immediately following,
both Houses agree in making any modification in the rule or both Houses agree that the
rule should not be made, the rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that rule.
7.
(1)
(c)
prohibit the disclosure, except to such persons and for such purposes as may be
specified in such regulations, of intimations given or information furnished in
pursuance of such regulations.
(2)
(3)
Any person who willfully contravenes or willfully fails to comply with the requirements of
any regulation made under sub-section (1) shall be liable to be punished with fine which
may extend to one thousand rupees.
8.
No suit for other legal proceedings shall lie against any registered medical practitioner for any
damage caused likely to be caused by anything which is in good faith done or intended to be
done under this Act.