SEX DETERMINATION FOR ABORTION: A CRIME

THAT THREATENS FEMALE EXISTENCE IN INDIA

FINAL DRAFT SUBMITTED IN PARTIAL FULFILLMENT OF COURSE TITLED CRIMINAL LAW- 1 FOR
COMPLETION OF BA.LLB. (HONS.) IN ACADEMIC YEAR 2017-18

Submitted by Aditya Vijay Singh Submitted to Dr.Peter F. Ladis

Roll no 1507, Faculty of Criminal law - 1
3rd semester, BA.LLB.(Hons.)

5THOCTOBER 2016

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR,
PATNA (BIHAR)

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 ACKNOWLEDGEMENTS

On completion of this Project it is our present privilege to acknowledge our profound

gratitude and indebtedness towards our teachers for their valuable suggestion and
constructive criticism. Their precious guidance and unrelenting support kept us on the right
track throughout the project. We gratefully acknowledge our deepest sense of gratitude to our
revered and intellectual guide Prof. (Dr) A.Lakshminath, our honble vice chancellor and
the Assistant Professors in law Dr. Fr. Peter Ladis F faculty-in-charge of Criminal Law
,who have provided us important tips after the submission of first draft.

I heartily thank the library staff for their able guidance and support without which this project
would not for their able guidance and support without which this project would not have been
completed. We are also thankful to Mr. Amit Kumar and other computer staff who helped us
in operating computer and providing access to internet.

I am thankful to our family members and friends for the affection and encouragement with
which doing this project became a pleasure.

Last but not least I would like to thank the ALMIGHTY whose blessings helped us in making
this project come out successfully with flying colures.

ADITYA VIJAY SINGH

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 TABLE OF CONTENTS

SEX DETERMINATION FOR ABORTION: A CRIME THAT THREATENS

FEMALE EXISTENCE IN INDIA .................................................................................... 1
CHAPTER I .................................................................................................................................. 4
INTRODUCTORY CHAPTER .......................................................................................................... 4
1.1. OBJECTIVE OF STUDY ..................................................................................................... 7

1.2. RESEARCH METHODOLOGY........................................................................................... 7

1.3. SCOPE OF MY STUDY ....................................................................................................... 7

1.4. LIMITATION OF THE STUDY ........................................................................................... 7

FEMALE FOETICIDE: HEIGHTS OF GENDER DISCRIMINATION ...................................................... 9

CHAPTER III .............................................................................................................................. 13
HISTORY OF FEMALE FOETICIDE IN INDIA ................................................................................. 13
CHAPTER IV.............................................................................................................................. 15
4.1. CHRONIC VILLUS SAMPLING TEST OR CVS TEST ...................................................... 15

4.2. GENDER DNA TEST ..................................................................................................... 15

4.3. AMNIOCENTESIS TEST TO PREDICT BABY GENDER ................................................... 16

4.4. ULTRASOUND BABY GENDER TEST ............................................................................. 16

4.5. ULTRASONOGRAPHY OR ULTRA SOUND SCAN ............................................................ 16

INDIAN LAWS TO CURB FEMALE FOETICIDE ............................................................................. 18

CHAPTER VI.............................................................................................................................. 23
SOLUTIONS & ACTIONS ............................................................................................................ 23
SEX RATIO IN INDIA .................................................................................................................. 26
CHAPTER VIII ........................................................................................................................... 27
CONCLUSIONS, CRITICISMS & SUGGESTIONS ............................................................................ 27
BIBLIOGRAPHY ......................................................................................................................... 30

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 CHAPTER I
INTRODUCTORY CHAPTER

Mahatma Ghandhi said, a woman is the companion of man, gifted with the equal mental
capacities she has the right to participate in the minutest details of the activities of man, and
she has the same right of freedom and liberty as he. She is entitled to a supreme place in her
own sphere of activity as man is in his. Man and woman are equal in status, but are not
identical. Female feticide is one of the extreme manifestations of violence against women a
social problem that is now spreading unchecked across the country. Female foetuses are
selectively being aborted after pre-natal sex determination, thus denying a girls RIGHT TO
LIFE. They are a peerless pair being complementary to one another; each helps the other,
not that without the one, the existence of the other cannot be conceived; and, therefore, it
follows as a necessary result from these facts that anything that will impair the status of either
of them will involve the equal ruin of both. According to (Manu), a woman has to be reborn
as a man to attain moksha (redemption). A man cannot attain moksha unless he has a son to
light his funeral pyre. Also, it says a woman who gives birth to only daughters may be left in
the eleventh year of marriage. The neglect of and discriminatory behavior against girls
leading to excess female mortality has been widely documented by several studies, but the
recent increase in the juvenile sex ratio discussed above has very likely resulted from rapid
spread of ultrasound and amniocentesis tests for sex determination in many parts of the
country, following by sex-selective abortions. Because of simplicity of the tests and their
easy availability on the other hand there is a strong son preference on female-specific
abortions appear to have become popular and widely used people generally thought that the
cost of the test and related abortion is much lower than the cost of providing dowry and other
life-long presentations to a daughter after marriage. 1According to (Chaudhury 2003), the
alarm bells ringing in the corridors of power about the missing girls do not find an echo in the
dusty by-lanes of the villages in India. It is important to understand the emergence of this
phenomenon in a wider perspective. India pioneered in legalizing induced abortion under the
medical termination of pregnancy (MTP) Act, 1971 that specifies the reasons for which an

1
Kusum Jain, and Anju Sachdeva , Attitude of Urban Societies towards Female foeticide, Advanced
International Research Journal of Teacher Education, Vol. 1, No. 1, 2013, 83-86

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abortion can legally perform the abortions and kind of facilities in which they can be carried
out. The stipulated conditions are such that abortion performed by trained doctors who are
not registered in facilities not specifically approved for abortion services are termed illegal.
According to (Chhabra and Nuna 1993)2, in India illegal abortions may be 8 to 11 times as.
While the intention is to provide women with safe, legal, timely abortion services, given the
stringent nature of the Medical Termination of Pregnancy act, many safe abortions may be
classified as not legal. Abortion can be legally availed if a pregnancy carries the risk of grave
physical injury to a women, or endangers her mental health or when pregnancy result from a
contraceptive failure or from rape or is likely to result in the birth of a child with physical or
mental abnormalities. Methods to detect deformities in the foetus such as amniocentesis and
sonography that use ultrasound technology providing valuable and early information on a
range of physical problems have become available in the country. However, the technologies
that help detect physical or mental abnormalities in the unborn child can also identify the sex
of the foetus at no extra cost or effort. There was increasing indirect evidence from some
parts of India that termination of pregnancies was resorted not for the reasons stated under the
MTP act but because there is a strong son preference leading to female- selective abortions.
The gender bias was flagrantly aided by a combination of medical technology that helped
detect the sex of the foetus on the one hand and the liberal abortion law that helped couples to
abort female foetus on the other.
In view of this, the Indian government, responding to the petition made by non- governmental
organizations and womens groups, passes an act prohibiting the practice of pre-natal
diagnosis of sex of the foetus (Pre- Natal Diagnostic Techniques [PNDT] act of 1994). Under
the Act, individual practitioners, clinics or centers cannot conduct tests to determine the sex
of the foetus or inform the couples about it before the passing of the PNDT Act in 1994, it
was evident that clinics conducting sex determination tests had mushroomed in many towns
in the states in the north- western belt. The open advertisements have now disappeared but
the lucrative practice seems to flourish unabated by simply going underground as evident
from the continued decline in the sex ratio of children 0-6 years of age. Although the release
of the 2001 Census, results has sparked serious concern about the widespread use of
ultrasound and amniocentesis tests to detect the sex of the foetus, following by sex-selective
abortions, our understanding of many issues around this practice, at the level of the household
or form the perspective of women who undergo such abortions, is extremely limited. It is also

2
Prof. Tulsi Patel, sex- selective abortion in india (gender, society and new reproductive technologies, Saga
Publication House India-New Delhi, Department of sociology, 2007).

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limited about what actually compels couples or their families to resort to such a practice, who
the real decision makers in the family are, what impact does aborting female foetus have on
the physical or mental health of the women who typically undergoes abortion in the second
trimester of her pregnancy.
When women were asked about the decision making process if the foetus was found to be
that of a female child, the overwhelming response was that after one or two daughters, if the
women was found to be pregnant with another girl, the pressure on her to abort was
enormous from her extended conjugal family. Women indicated that the decision to abort a
female foetus was almost entirely that of their husbands and/or mothers- in-law. By
themselves, women could not take the decision to go in for abortion. Women, who had
virtually no decision-making power, apparently accepted whatever was desired by her
conjugal family, including husbands. They simply accepted and went along with the decision
made for them by others. We observed that women belonging to the higher social group
sometime they themselves desire to abort a female foetus because they already have had one
or two daughters. This feeling was strong among women belonging to highly educated social
groups, who valued sons much more than daughters. Although they themselves, without
much hesitation, would opt for abortion, they still would have to get the permission of the
elders of the family to exercise their wish. According to (Manmohan Sharma 1999), activists
in Punjab pointed out: "women are conditioned by social norms and they do not have
independent views, they tend to ditto what the husbands say or think and this is considered as
proper behavior for ideal wives".
According to (Wertz and Fletcher 1993)3, Liberty and value for human life are integral
principles within the context of human rights. In the domain of female feticide these
principles conflict. While pro-life supporters condemn as immoral the practice of female
feticide, the parents assert their right to have a family of a particular sex composition. Legal
support to discriminatory elimination of life is stated in the PNDT Act. Yet the principal of
liberty, voiced as a parental choice to desire a small and sex- defined constituent family, falls
in the gambit of a criminal choice. To attribute primacy to right to birth rather than to all-
encompassing right to life is a reductionist approach. It is evident that cultural predispositions
could not deny the right to birth, but could distort the natural life cycle (e.g. female
infanticide). As is evident, legislation banning the use of sex determination tests has thus far
not succeeded in deterring couples from seeking these tests or preventing the medical

3
Warren, M. A. (1991) Abortion included in A Companion to Ethics edited by Singer, P. Blackwell Publishers
Limited

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practitioners from performing them. Fundamental Rights, among others, ensure equality
before the law and equal protection of law; prohibits discrimination against any citizen on
grounds of religion, race, caste, sex or place of birth, and guarantee equality of opportunity to
all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c)
and 42 of the Constitution are of specific importance in this regard. To uphold the
Constitutional mandate, the State has enacted various legislative measures intended to ensure
equal rights, to counter social discrimination and various forms of violence and atrocities and
to provide support services especially to working women. But above all supportive measures
womens treated as a second citizen in our society she do not even right to take decision for
her own after the completion of 66 years of independence, no choice for her carrier, marriage
she always saw the face of her man (father/husband/son) for taking a small decision even if
now.

1.1. OBJECTIVE OF STUDY

The objective of the researchers study on this topic is -

1.To study the root cause of sex determination for abortion.
2.Steps to be taken to control abortion of female foetus.

3.Awareness to be brought regarding .

4. Laws to prevent sex determination.

5.Criminal proceedings / disciplinary actions taken.

1.2. RESEARCH METHODOLOGY

The nature of research methodology adopted by the researcher for this particular topic is
purely doctrinal. The researcher has used resources available at the library of CNLU and the
World Wide Web. Thus, the researcher of this project has used secondary data for the
successful completion of this project. No primary data has been included.

1.3. SCOPE OF MY STUDY

To throw light on the Offence of Female Foeticide and analyse its current position in India.
The researchers have analysed the relevant provision in Constitution of India, 1950; Code of
Criminal Procedure, 1973; and The Indian Penal Code, 1860.

1.4. LIMITATION OF THE STUDY

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Due to paucity of time and lack of resources, a complete comparative study with law
prevalent in other nations could not be be undertaken by the researcher. However exhaustive
use the internet and library resources for the successful completion of this project.

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CHAPTER II
FEMALE FOETICIDE: HEIGHTS OF GENDER DISCRIMINATION

Equality among the sexes wasnt were prevalent in India a couple of decades ago before
independence where women were expected to stay shut in their homes, and the only
occupation with open arms for them was that of a housewife. However, havent these days
of gender discrimination passed, and havent we progressed into an age of gender equality? A
close look at facts and figures reveals a clear answer NO.

Gender equality is far from established in India. Women are considered inferior and subjected
to ordeals of numerous kinds. They are simply supposed to be the possession of men, serve
and please them first a father, then a husband and then a son. Women are deprived of a
personal, independent identity, and control over their lives simply meant to be a mere part
of someone elses life. Women have always been, and still are, subjected to deprivation,
discrimination, intimidation, and unjust treatment in society. The only difference is the way
in which they are ill-treated. Attacks and assaults on a womans identity, personality, body
and dignity have become so common, that they constituent of a natural part of our lives. The
modern assault on women today, more organized and more technologically advanced, is
disallowing their very presence preventing them from coming into existence4.

First there was Female Infanticide this idea is nothing new. Infant girls have long since
been hated from the moment they were laid eyes on. They were buried alive. They were
poisoned to death at times even by rubbing poison on the mothers breast; others by feeding
them the extracts of poisonous flowers and plants. They were drowned in tubs of milk. They
were thrown away discarded as waste into garbage dumps, wells, rivers. They were sold,
tortured, beaten up fatal injuries inflicted on their bodies all for no fault of theirs.

And today, with great advancements in technology, this homicide has advanced. Now there
is Female Foeticide. These girls are not even allowed to enter the world, are not allowed to
come into existence. The female foetus is aborted, killed inside her mothers very womb. The
sex of the foetus is determined through medical tests, and if the foetus is female, it is aborted.
The mother then conceives till she gives birth to a boy. As simple as that. There have been
numerous cases of aborted and abandoned foetuses found floating in rivers, wrapped in jute
bags, in garbage bins, and in farms. More shockingly, there have also been cases where the
foetus has been fed to street dogs in an attempt to hide its existence the morality and respect
for the female gender has literally gone to the dogs.

This selective killing is the modern day Holocaust and there is nothing standing in its way.
It is simply depriving women of the most basic human right the right to life. This is fuelled
and propelled by greed for money, misconceptions, evils in societies, and mind-sets that cant
even be termed traditional they make absolutely no sense. And supposed obstacles like
moral values, conscience, respect for the fairer sex, and the basic value of a human life stand
no chance, as has been clearly evident over the years5. And unless nothing is done against this
immoral, inhumane, unjust, merciless, shocking and terrifying evil, this will continue to

4
http://www.radianceweekly.com/184/4656/female-foeticide-a-curse-of-society/2009-12-27/cover-
story/story-detail/female-foeticidea-social-menace.html
5
http://zeenews.india.com/exclusive/female-foeticide-death-before-birth_3547.html

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spread like an epidemic, and the consequences will be more severe than one can ever
imagine.

Female foeticide is a pressing issue which calls to be addressed at once. However, to get to
the root of this issue, it is essential to understand the causes behind it. In India, however,
there isnt actually a need to investigate into the problem much. We dont need to delve into
any lengthy and detailed investigation or case study. The issue lies right on top, in front of
our eyes in fact, it is a very part of our lives6.

One of the simplest and most obvious causes is a preference for the male child. Its simple
couples prefer a male child over a female one. Reasons? Plenty. The root lies in our very own
traditions, customs, beliefs and above all, our thinking. It is a general perception that the birth
of a male child is beneficial and advantageous to the family. A male in the family is
traditionally considered to be a source source of money, source of respect, source of name
and fame7. A man is expected to work and earn for his family in the process repaying all
that was cost to bring him up. A woman is considered a financial obligation, as money spent
on bringing her up, educating her, marrying her will not be repaid as she will go to her
husbands house after marriage, and the benefits of all that investment shall go to his
family.

As Justice YK Sabharwal, Chief Justice of India, rightly says (in his speech about Eradication
of Female Foeticide, delivered in Patiala on December 17, 2006), that Investing in a
daughter they say is like watering your neighbours lawn. A boy shall grow up to be the
head of the family, and he shall offer a sense of security to his aging parents take care of
them, serve them and take over the responsibility of running the family. He shall also
continue the name of the family (whereas, the girl shall take up her husbands last name). A
male is considered to be a producer, whereas a female is considered to be a consumer. All
this is mainly due to the patriarchal form of the Indian society. One simple assumption that
can be made is that this preference is based on the form of society and families, a couple of
decades back. Back then, a male was expected to work and earn, whereas a female was
supposed to sit at home, cook, and manage the house and children. This made a male child
desirable, as he was, then, the only source of income and respect. This system was abolished
today, females work nearly as much as men but the thinking remained unchanged.

Another major cause and arguably the most prominent one is the age-old dowry system.
Dowry is the money, goods and/or property a woman brings into a marriage. It is basically a
payment done by the brides family to the grooms family during marriage. Reasons for
dowry include provision of base funds for the husband to start a new family, establish his
household and to feed and protect the family. Another reason is to support the woman and her
children, if the husband were to die especially since women have a better average life-
expectancy than men. However, in most cases, dowry is seen to be payment to the grooms
family, for accepting the woman, and for taking responsibility for her there on8.

Dowry is very common in South-Asian countries like India. In India, expected dowries are
huge hundreds of thousands in cash, car(s), some property. It is well beyond the capacity of
many families to afford this, especially in rural areas (where the expectancy remains the

6
http://www.indiastudychannel.com/resources/90157-Female-Foeticide.aspx
7
http://www.mdhil.com/female-foeticide-in-india/
8
http://zeenews.india.com/news/exclusive/female-foeticide-death-before-birth_782883.html

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same). Dowry is illegal in India, but this has not stopped families all over the nation from
giving (trying) and accepting it. Also, in most cases, the brides family is expected to arrange
and sponsor the wedding and Indian wedding are rightly nicknamed: Big-Fat-Indian-
Wedding, pointing to the immense amount of effort, money, and glamour put in. Therefore,
the birth of a female child indicates huge amounts of expenditure later in her life, when she
shall be married which incidentally, is considered the most important time of a womans
life. Couples do not wish to have such financial burdens on them loans and debts, for
example: which most dowries force which is why they do not want a girl, to spare them
from such huge monetary requirements. This is prevalent to such an extent, that many small
clinics that perform illegal sex-determination tests and help couples abort female foetuses,
advertise using the slogan, 500 now, or 5,00,000 later the former indicating the price of
an abortion, and the latter that of the dowry9.

Another reason for the unwanted status of the female child is the burden on her parents
regarding her safety. Incidences of girls subjected to rape, molesting, sexual abuse, domestic
violence, trafficking, etc. are growing every day, and parents dont want to risk their girl
childs safety (with a male child, such things arent a worry).

There are a couple of other minor reasons, such as the higher rate of migration (studying
and/or living abroad) in men than women (a child studying abroad is a matter of pride for
parents, traditionally), and the responsibility of parents to ensure the untouched and clean
status of a girl before marriage and that to instil in her the right attitudes, and to teach her to
be a good wife and to please her in-laws, failing which, the parents are blamed10. However,
these are the major and most prevalent reasons for female foeticide in the Indian society,
today.

A commonly suggested reason is illiteracy. It is assumed that people are illiterate and not
educated, and hence they commit this heinous act. However, logical as it may sound, this
cannot be safely established. Numbers tell us that, this practice of female foeticide is equally
prevalent, if not more, in urban parts of India (which host the so called rich and upper
class people) as in rural areas. Clinics are flocked in huge numbers in urban areas, to facilitate
the facility of illegal sex determination. How can one then point the finger at illiteracy?

It is also argued, that some of this has bases in religion too. For example, according to Hindu
scriptures, it is a male wholl light the funeral pyre of his dead parent(s). However, this does
not explain the cause for this foeticide. No Hindu scripture or religious text asks to kill a
female child or foetus. On the other hand, Hindu books, Rig Veda, for example, hold women
in a much respected light. Many women, in these texts, were highly regarded and respected.
It is unjustified and unfair to point a finger at religion as a cause for female foeticide, for it
our (mis)interpretations and understandings that are at fault11.

Another shocking fact is that doctors use the trust placed upon them for their own benefits.
Knowing that the couple will abort the foetus if it is female, the doctors proclaim a female
foetus even if the tests show a male foetus to avail the extra fee they receive for abortion.

9
http://en.wikipedia.org/wiki/Dowry
10
http://www.legalserviceindia.com/article/l292-Female-Foeticide.html
11
http://www.radianceweekly.com/184/4656/female-foeticide-a-curse-of-society/2009-12-27/cover-
story/story-detail/female-foeticidea-social-menace.html

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Understanding these reasons behind this practice of female foeticide, it is evident that the
change has to be in the thinking and mentality of the people, and also the laws of our country
to abolish and eradicate immoral and unjustified customs like dowry. These reasons have to
be addressed immediately, if any change and improvement is desired it cannot be expected
that female foeticide be stopped without changing anything else12. Major and instantaneous
changes are required in the way our country and its people basically function. Only then can
we think about bringing about a change, and making India a better and safer nation for the
fairer sex.

12
http://silverstararrow.hubpages.com/hub/Female-Feticide-Causes-Effects-and-Solutions

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 CHAPTER III
HISTORY OF FEMALE FOETICIDE IN INDIA

Female Foeticide is one of the most prevalent issues today, and statistics support that.
However, how did this start? How did this evil creep into the veins of the society, and how
did it dig its roots so deep, that its grown so much today?

The preference for the male child dates back into history. And obviously therefore, female
infanticide, has long been practiced in Indian societies the reason being the process was
relatively simpler, compared to female foeticide. Hence, tracing the origins of infanticide
would be comparatively more difficult. However, foeticide is abortion which could be
easily accomplished only through the development of technology. When and how did
foeticide come into the picture?

The best answer to this question, could be obtained from Dr. Puneet Bedi, Consultant in
Obstetrics & Gynaecology in New Delhi, talking to Amir Khan on the latters popular show
Satyameva Jayate (aired on 6 May 2012)13. Dr. Bedi says that the concrete origins of female
foeticide in India traced back to the 1970s. Abortion was not unknown then, and laws against
abortion had already been written by the British but the idea caught on then. According to
Dr. Bedi, family planning was making its way inroads, and it was widely accepted that the
root to many major social and economic issues India was facing at the time, was due to its
growing population. The preference for a male child was predominant in families, but the
common practice then was for the woman to conceive till she got a male child. This practice
was seen as a threat and the cause for the growing population. As a solution to this,
government hospitals started aborting female foetuses. This would result in the couple getting
the male child they wanted, and not needing to have any female children in the process. (The
equipment and procedures at the time were however complicated, and not really risk-free.
However, the pace increased after almost a decade-and-a-half, when by the late-1980s and
the early 1990s, ultrasound techniques gained popularity in India.) The idea caught on, and
soon spread to hospitals all over India. However soon, some activists opposed this practice,
and in 1994 the Indian government passed the Preconception and Prenatal Diagnostic

13
http://www.satyamevjayate.in/issue01/learnmore/detail/7/

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Techniques (PCPNDT) Act, making sex-selective abortion illegal. However, it was too late,
and as has been throughout history, merely making it illegal did not stop it.

Now, with the advancement in technologies, and development of easier, and cheaper
techniques, female foeticide has spread throughout India, and sex determination tests are a
very common practice during pregnancy abusing the technology which is supposed to be
used, only if there are chances of the infant contracting any hereditary genetic disease or
disability. And today, it is no secret, and one can clearly see where this immoral solution to a
wrongly-identified problem, has led us to.

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 CHAPTER IV
SEX DETERMINATION TESTS

4.1. CHRONIC VILLUS SAMPLING TEST OR CVS TEST

There are various technology oriented methods guiding the phenomena of gender prediction.
Amongst the various techniques used, the one performed following ten to twelve weeks of
the last menstrual cycle or missed period is known as 'CVS' or 'Chronic Villus Sampling';
whereby doctors diagnose a sample tissue for the purpose of ascertaining birth or congenital
defects.
The tiny bit of tissue is generally extracted from the external part of the fetal sac, around its
placenta. Apart from unfolding genetic disorders and chromosome centric maladies, the
aforementioned test also serves to highlight the gender of a baby. However the given
technique is not without defect. It leads to the possibility of miscarriage14.

4.2. GENDER DNA TEST

Another safer technique revolves around the use of DNA kit. It involves the mere testing of
an expecting mother's blood sample when she is six to ten weeks into her pregnancy.
Performed in the pathological lab this test can also be conducted by an able lab technician. It
is based on the principle that fetal cells and DNA cells of a conceived fetus can be traced in
the expecting mother's blood stream. Scientific studies reveal that a part of fetal cells are
released into the mother's bloodstream. Fetal cells containing DNA are then analyzed because
DNA can be readily categorized.

Thus the cells recovered without disturbing the given fetal content are tested to diagnose baby
gender. With the help of specific tests contained in the kit, it can be shown whether or not the
given sample contains DNA from 'y' chromosome. A sample testing positive for 'y'
chromosome predicts the conception of a boy baby; whereas a sample testing negative
predicts that of a female baby. The test guaranteeing up to 99% of accuracy is relatively safer
as a test method because it does not cause disturbance to fetal content.

14
http://www.prokerala.com/kids/baby-gender/scientific-gender-prediction-tests.htm

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4.3. AMNIOCENTESIS TEST TO PREDICT BABY GENDER
'Amniocentesis' hinges on testing a sample fluid extracted from the amniotic sac which
surrounds the fetus. It is generally carried out around the eighteenth to twentieth week of
pregnancy. A needle is inserted to extract a small portion of the fluid. Cells evident in the
fluid content are then tested to detect possible abnormalities including 'down syndrome'.

In cases where the baby is subject to any potential genetic abnormality or that of gender
abnormalities, 'amniocentesis' is prescribed. Also involving the hazard of miscarriage, this
happens to be the most reliable scientific method of baby gender prediction. Of late it is
claimed that hazards of miscarriages are less in the given method rather than that of Chronic
Villus Sampling- the first method discussed.

4.4. ULTRASOUND BABY GENDER TEST

Depending on the nature of pregnancy and its associated complications, ultrasound is
prescribed. Apart from serving as the most popular method of gender prediction, it also helps
to trace and monitor the growth and development of fetus over the three trimesters. In course
of monitoring the fetal condition, it caters to gender prediction when the gestating mother is
into her sixteenth week of pregnancy.

The technique gears to the transmission of sound waves high in frequency through the
expecting mother's tummy. Sound waves reaching the uterus are reflected back as echoes.
Echoes reflected are then transformed into an image on the monitor. Besides detecting heart
beat of fetus and chances of ectopic pregnancies, it is about ninety percent effective in respect
of baby gender determination.
4.5. ULTRASONOGRAPHY OR ULTRA SOUND SCAN
Ultrasonography performed in the third trimester serves to deliver a correct result as far as
gender prediction is concerned. Surviving over forty years, this technique is yet to feature any
adverse effect. Pregnant mothers going in for ultrasound scan are advised to fill their bladders
with fluid for the purpose of better imaging15.

Through ultra sound gender is detected by tracking the visual representations of the gradually
developing genital tissues in the first trimester and that of the reproductive organs in the later

15
http://medical-dictionary.thefreedictionary.com/ultrasonography

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months of pregnancy. Sometimes the position of the baby interferes with the accuracy of this
method in gender prediction. It so happens that the baby lies face down or positions itself
behind the placenta thereby inhibiting the technician to get the desired visualization. Even the
skill of the technician is a point to be counted on as far as the accuracy is concerned16.

16
http://listverse.com/2017/07/19/10-useful-inventions-that-went-bad/

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 CHAPTER V
INDIAN LAWS TO CURB FEMALE FOETICIDE

India today, is not a very women-friendly place as those unborn arent allowed to live, and
those alive arent allowed to live. To eradicate the menace of female foeticide from the Indian
society, one thing that certainly needs to be looked into is the law. Though changing the law
or making it stricter will not immediately and completely bring a solution, it is a step. And
when the evil is established to be completely illegal, it is slightly easier to pin down the
problem. However, what is the law at present? What is the status of the part of our
Constitution that governs the practices at point?

There are three laws that need to be looked into one regarding dowry (the major cause for
female foeticide), one concerning sex selection, and finally, one about abortion.

Delving into dowry laws is not very difficult dowry is simply illegal. Section 4 of the
Dowry Prohibition Act (1961) states that a person shall be deemed guilty if s/he demands any
dowry, directly or indirectly, from the parents or other relatives or guardian of a bride or
bridegroom. Section 3 of the same act condemns a person if s/he gives or takes or abets the
giving or taking of dowry. The Act defines dowry as any property or valuable security given
or agreed to be given either directly or indirectly by one party to a marriage to the other party
to the marriage (or by the parents of one party or any other person to the other party or any
other person) basically, cash, property or valuable security offered as precondition to the
marriage. Stridhan (property of the woman) is legal, however. Sex selection is covered under
the Pre-Conception & Pre-Natal Diagnostic Techniques Act, 200217. Originally, there was a
Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, but due
to the prevalence of pre-conception diagnosis, a newer law was put in order18.
The Pre-Conception and Pre- Natal Diagnostic Techniques [Prohibition of Sex
Selection] Act, 1994
The women have been subjected to bias for a very long time. They have been denied rights or
it can be said considerable enjoyment of rights has not been there for them over centuries.

17
Crime and Criminal Justice Ian Marsh, Gaynor Melville, Keith Morgan, Gareth Norris and John Cochrane
18
http://www.thehindu.com/opinion/open-page/does-abortion-law-abet-female-foeticide/article3459939.ece

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Shah, J in a case observed that It is an admitted fact that in Indian society, discrimination
against girl child still prevails, may be because of prevailing uncontrolled dowry system
despite the Dowry Prohibition Act, as there is no change in the mindset or also because of
insufficient education and tradition of women confined to household activities.
With reference to all these situations and to control the increasing rate of female foeticide the
government passed the PC and PNDT Act, 1994.
What is Pre-Natal Diagnostic Techniques?
In Literal sense it means use of the diagnostic techniques before the birth of a child on a
pregnant woman for the purpose of determining of sex of the foetus19.

The PC & PNDT Act states that no place or doctor is authorized to conduct pre-natal
diagnostic techniques except for the purpose of detection of one or more of:

chromosomal abnormalities;

genetic metabolic diseases;

haemoglobinopathies;

sex-linked genetic diseases;

congenital anomalies;

It also states that no person including the person conducting pre-natal diagnostic procedures
shall communicate to the pregnant woman concerned or her relatives or any other person the
sex of the foetus by words, signs or in any other manner and no person shall, by whatever
means, cause or allow to be caused selection of sex before or after conception.
In the case Vinod Soni and another v. Union of India2 the appellant challenged the
constitutional validity of the PC and PNDT Act, 1994 and said that it is against the Art.14
and 21. The court held that the Right under the Art. 21 cannot include right to selection of sex
whether pre-conception or post-conception. The art.21 is now said to govern and hold that it
is a right of every child to full development .The enactment namely PC and PNDT Act, 1994

19
http://www.who.int/genomics/gender/en/index4.html#India:%20Sex%20selection%20and%20the%20law

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is factually enacted to further their right under art.21 which give to every child right to full
development. A child conceived is therefore entitled to under art.21 as held by the SC, to full
development whatever be the sex of that child. The determination, whether at pre conception
stage or otherwise is denial of a child, the right to expansion, or if it can be so expanded right
to come into existence.
In the case Allied Themes [CEHAT] And others v. Union of India4 the petitioner prayed inter
alia that as the Pre-natal diagnostic techniques contravene the provisions of the PNDT Act,
1994 the Central government and the State government be directed to implement the
provisions of the PNDT Act
[a.] by appointing appropriate authorities at State and District levels and the Advisory
committees;
[b.] the Central government are directed to ensure that Central Supervisory Board meets
every 6 months as provided under the PNDT Act; and
[c.] for banning of all advertisements of pre natal sex selection including all other sex
determination techniques which can be abused to selectively produce only boys either before
or during pregnancy5.
After filing of this petition, notices were issued and thereafter various orders from time to
time passed to see that the Act is effectively implemented.

Under the Act, the following people can be charged: everyone running the diagnostic unit for
sex selection, those who perform the sex selection test itself, anyone who advertises sex
selection, mediators who refer pregnant women to the test, and relatives of the pregnant
woman. The pregnant woman is considered innocent, unless proved guilty.

The Medical Termination of Pregnancy (MTP) Act, 197120, legalizes abortion however,
under certain conditions. It states that pregnancy can be terminated by at least one registered
medical practitioner (if the length of the pregnancy does not exceed 12 weeks) and by at least
two registered medical practitioners (if the length of the pregnancy is between 12 and 20
weeks) who are of the opinion, formed in good faith, that

the continuation of the pregnancy shall expose the woman to risk to her life or of
grave physical or mental health

20
Ratanlal and Dhirajlal, The Indian Penal Code, LexisNexis Butterworths Wadhwa, Nagpur, 2016.

20 | P a g e
(this includes women subjected to rape, and pregnancy induced by the failure of any
contraceptive device or technique used by a married couple)
There is substantial risk that if the child is born s/he shall suffer from severe physical
or mental abnormalities

Pregnancies that can be terminated also include those in minors (under-18) or lunatics with
the permission of a guardian.

As the law is always criticized, these three laws have also been under the scanner and several
parts have been claimed to be extra or less strict than necessary. The dowry law has been
criticized by mens rights activists stating that the law is gender biased, and includes
presumption of guilt (of the husband) and vague definitions of dowry and stridhan21.

It has been claimed that the PC&PNDT Act focusses solely on ultrasonography as a
technique for sex-selection, and newer technologies like amniocentesis and biopsy, and other
techniques that could come up in the near future (for example, a technique involving taking a
blood test isolating foetal cells from maternal blood hence enabling foetal sex detection is
under investigation), which would be neglected under this Act.

The Medical Termination of Pregnancy Act has been said to legalize abortion, but not
present it as a right for women. The twenty week limit (for abortion) has been criticized,
stating that the sex of the foetus can be determined easily from the 12th week onwards.
However, others claim that the limit must be extended, citing other medical reasons (for
example, the Nikita Mehta case in 2008). Moreover, since there is no absolute definition to
the phrase, severe physical and mental health risks, and that the opinion lies with the
physician, illegal abortions arent very difficult to carry out (not at least, at this day and age
where everyone is more than ready to fish out a bundle of notes from their pockets to achieve
what they want).

The laws in India have been laid out pretty well covering at least the bare necessities.
However, more important than the law (in this case) is the implementation of the law. The

21
http://blogs.expressindia.com/showblogdetails.php?contentid=394265

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laws have been passed fine, but the reason sex determination and illegal abortions still take
place is the improper and inadequate implementation of the law. The law is not being
properly implemented, and proper action has not been taken against those found guilty. Of
course, the official reason shall remain inadequate forces and staff and lack of funds, but
we know better. And if female foeticide is to be stopped, it is time that our officials and those
who have been presented with power, dig their noses into the laws in our Constitution, and
begin taking severe and appropriate action. On paper, everything is fine what is written can
be criticized numerous times but when it comes to taking action, well, action needs to be
taken22.

22
http://www.indianexpress.com/news/law-to-cover-new-techniques-of-sex-determination/761343

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 CHAPTER VI
SOLUTIONS & ACTIONS

People are awakening and individuals and organizations alike, are taking action. And yes, the
Government is doing some of its bit in helping undo what has seeped into the very roots of
our existence. The Department of Social Security and Women and Child Development and
the Department of Health are working towards this issue. Several awareness campaigns,
surveys to monitor birth sex ratio, and proposed schemes for the girl child have come up.
Steps for enforcement of concerned laws and monitoring and registration of genetic centres
have followed. Films like Matrubhoomi shook things (for a while), but more of the kind are
required to actually make a difference. Satyameva Jayate brought the issue back into the
limelight and showed a lot of promise newspapers were filled with reports of arrests of
doctors for the next few weeks but we are yet to see how much of a lasting impact Amir
Khans show has made. Heart-warming efforts are seen periodically Ishita Uppals (a Class
10 girl) awareness drive in Haryana and Punjab in 2009, for example. However, this is not
enough.23

This issue demands more more attention, more efforts and more involvement. Doctors have
to stop doing it, and families have to stop asking for it. The Government needs to delve and
look into proposals and suggestions that have been put forth24. This includes,

Generation of awareness
Sensitization (especially amongst youth)
About equality of the male and female gender
About adverse effects of multiple abortions on women
About the law regarding sex determination and abortion
Online attempts

Proper enforcement of laws

Punishment of those charged and deemed guilty: to set up an example for the rest

23
http://chitranet.org/yahoo_site_admin/assets/docs/FEMALE_FOETICIDE.328175159.pdf
24
http://www.aygrt.net/PublishArticles/534.aspx

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 Prioritizing pending cases

Allowing only government hospitals to carry pre-natal diagnostic tests: so monitoring is

easy

Research and review

Look into and re-discuss law: increase punishment, if needed

Increase in girl welfare programs and steps: regarding education, reservations for jobs, etc.

Formulation of an action plan

(Most importantly) Work towards eradicating corruption

Nevertheless, it is not only the Government who need to work on this the society, which
means we, need(s) to work just as much. We, as citizens, can do our bit to work for this cause
support, stand, be aware, and aware others. It may not sound much, but it does help join
causes and pledge your support. And those who feel up to it, donate. (I know there are a lot of
malicious people out there, but tread well and do a little research, and youll find the ones
who actually care.) Write. Speak. Act. Go give a small talk in your school (or your childs
school). Encourage friends, colleagues, seniors, juniors step out of your comfort zone25.

It wont affect you directly. But, it is a moral obligation for you to help improve the world
you live in. It is a natural human duty to help. If everyone asks the same question, and stays
glued to their seats this will remain as it is. Nothing will happen, the situation will worsen
and you will still be glued to your seat. Think do you expect those who are committing this
foeticide will work for the cause? Obviously not. It is the ones who do not do it, who have to
work to stop those who do it. And that includes you. Just sitting back and complaining that
this country will remain as it is, and this country is not going to improve, and no one can
do anything about this country and the government is useless, is futile. Get up and do
something that you shall be proud of for your entire life. Stand tall and strong, and support

25
http://articles.timesofindia.indiatimes.com/2012-04-09/news/31312430_1_female-foeticide-girl-child-extra-
classes

24 | P a g e
and help. Do it for yourself, if youre feeling too egoistic and lethargic to do stuff for others.
Help yourself become someone better. Help yourself make a difference. Help yourself watch
yourself rise in your own eyes. Help yourself be the ideal for your friends and your children.
And help yourself smile with pride.

How does an unbalance in the society thats ways away from where I am impact me? Well,
my answer simply is: It matters to us just as much the war in Iraq does. Just as much as the
recruitment of children to fight for wars being fueled by greed in Africa does. Just as much as
the bloody upheaval in Kosovo concerned us. Just as much as the genocide of Rwanda
impacted us. Just as much as the mass murder of Jews by Nazis influenced us. Just as much
as the slave trade in early American history affected us. The list is endless.26

26
http://unchaahi.wordpress.com/2016/02/23/how-does-it-matter-to-me/

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 CHAPTER VII
SEX RATIO IN INDIA

As said, female foeticide is an ever-growing menace in Indian societies, and there is ample
evidence. Censuses and surveys bring about seriously threatening statistics and figures.
According to the latest Census 2011, the overall sex ratio in India is 940 females per 1000
males27. This may seem insignificant whys 60 less girls such a big issue? However,
consider the massive population of India of over 1.22 billion, and do your math right and
youll see the gravity of the situation. A deficit of 60 females per 1000 males, translates into a
deficit of about 37 million (3.7 crore) females in India and that is a huge figure.

In a natural world, without sex selective abortion, the sex ratio should be approximately 980
females per 1000 males (this is evolutions way of correcting for the higher infant mortality
rate in boys, than girls, so the sex ratio is balanced by the onset of early adulthood in females
amongst several other factors). Do some more math, and youll realize that there are 12
million less females in India than there should be.

Things get worse when we delve into statistics concerning infants and children. The child sex
ratio (0-6 years) is 914 girls per 1000 boys, an alarming decline from 927 in 2001 (and 945 in
1991, and 962 in 1981) the lowest recorded since Independence. States like Punjab and
Haryana have child sex ration as low as 846 and 830, respectively. And the worst of them all,
the secondary sex ratio (i.e. at birth) in India is 893 girls per 1000 boys, whereas the natural
sex ratio at birth is estimated to be 94328.
These figures are seriously startling and establish this issue as a major cause of worry. Indias
figures lie far below what they should be, naturally. Indias sex ratio is lower than the world
average of 990 females per 1000 males, and it ranks third in lowest secondary sex ratios in
the world and fourteenth in lowest primary sex ratios. These statistics are enough to set alarm
bells ringing, and inevitably call for immediate and severe action.

27
http://en.wikipedia.org/wiki/Demographics_of_India
28
http://articles.economictimes.indiatimes.com/2011-03-31/news/29365989_1_ratio-males-girl-child

26 | P a g e
 CHAPTER VIII
CONCLUSIONS, CRITICISMS & SUGGESTIONS

India is tipped to be the next superpower. India is said to be the next economic powerhouse.
India is said to be the upcoming global leader. Decades ago, our forefathers saw a bright and
powerful future for India as they fought for Independence. But, the harsh reality is, that
judging by the direction in which India and its basic sense of morality is heading, none of this
is important. In a country where basic human qualities of morality and righteousness are
simply missing, what use is economic and scientific development? In a society where an
entire gender is disrespected, disregarded, ill-treated, subdued and deprived of basic rights
including that of living what value does innovation and invention have? Where people have
no shame and feel no guilt at murdering a defenceless, innocent, unborn baby where
(unborn) children are slaughtered by their own parents what is progress and development?
Where words like justice, respect, honour, care simply remain words. Yes, this is where
India has peaked or rather, this is where we have peaked India. Isnt it Mother India? Ha,
what an irony.29

Female foeticide is simply the most heinous, atrocious, and disgusting practice humans could
have come up with. Just where is the humanity in these humans? If India has to develop or
progress, if it has to be something more than a piece of land on the world map, if it has to
take even one step further for something good itll have to first, and foremost, eradicate this
menace of female foeticide.

The consequences are severe. What could happen is already happening, and it could easily
worsen. The very civilization India has been building in all its years of history, could come
crumbling down. And it will, unless we learn to respect and value the fairer sex.

India is a land that has grown immensely over the years. But it is also a land that is bogged
down so heavily by acute problems on the inside, that it has no chance facing problems from
outside. It is also a land that needs to realize and understand the value of a human life. It is
land where the girl child is considered as Devi (Goddess). But it is also a land where this
very Devi has no respect, no dignity, no value.

29
http://www.youth24x7.com/society/item/100-female-foeticidelets-stop-it

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We need to come together. We need to work and work hard. Till this evil is not completely
eradicated from our system from our society. Because unless we learn to value the female
gender, we are not going to progress. Because unless we learn to respect her, we are going
down and the fall is irreversible. India is going no further in any field till it learns to treat its
women with equal dignity, respect and honour. And unless we do anything about it now, we
are going to learn this the hard way. Change will not take place overnight it never does. It
may already be too late. But every moment we put off the action, the consequences will turn
graver. The disruption this practice has caused, will take time to erase to disappear. It will
take time to make things right. But we cannot sit waiting for it to become alright. Because,
unless we each one of us stand up and raise our voices, it will never be alright. And that,
trust me, is not a future we want not now, not ever.

As Justice YK Sabharwal, Chief Justice of India, very rightly said in his speech about the
Eradication of Female Foeticide, on December 17, 2006 in Patiala30,

They say that in law, everything has two sides. That there is no right and no wrong, no black
or white only shades of grey. But here, I honestly do not see two sides. Though rare, it is
true that sometimes what is wrongis wrongis wrong and I believe this is one such time.
There are no grey areas when it comes to female infanticide or female feticide. It is simply
wrong31.

Apart from constitutional and legal provision we need to do apply few more steps for banning
female foeticide in India like, through wide companying, road shows, nukkad natak,
spreading education among educated people because they do not have time in their busy
clock so they need to skip time and keep concern towards this dam serious issue otherwise no
doubt that the alarming bell is ringing over the head of our society that the society without the
female for ex. Haryana, Chandigarh where the boys parents were bagging for girl for the
purpose of marriage from the other states without dowry. The long-term strategies should
include education and empowerment of women. Empowerment among womens and
education to improve their lot will heighten their status in the society. As the women
sangthans and the federation gain in importance and play a greater role in the development of

30
http://www.youth24x7.com/society/item/100-female-foeticidelets-stop-it
31
http://supremecourtofindia.nic.in/speeches/speeches_2006/eff.pdf

28 | P a g e
the area, it is hopes that their presence and the politico-economic strength they enable will
help curb the practice. Also Media-both print and electronic-plays a very significant role in
removing gender bias and developing a positive image of the girl child in the society, It is not
easy to change overnight the attitude of even women towards females infanticide. Even if the
women are prepared to understand and accept the need to change, the social situation and the
family environment prevent them from doing so32. Therefore, young married couples and
pregnant women were given counseling so that they could cope with the situation, because
they are surrounded by in laws and neighbors who are pro-female infanticide.

32
http://unchaahi.wordpress.com/2008/03/07/can-we-act-now-please/

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 BIBLIOGRAPHY

Books

1. Gaur, K.D., A Textbook on Indian Penal Code, Universal Law Publishing Company, Delhi,
2016.
2. Gaur, K.D., Commentary on Indian Penal Code, Universal Law Publishing Company, Delhi,
2016.
3. Indian Law Institute, Essays on the Indian Penal Code, Indian Law Institute, New Delhi,
2004
4. Kenny, R., Outlines of Criminal Law, Universal Law Publishing Company, Delhi, 2016.
5. Mishra, S.K., Criminal Law of India (Indian Penal Code), Allahabad Law Agency, Faridabad
(Haryana), 2016.
6. Misra, S.N., Indian Penal Code, Central Law Publications, Allahabad, 2016
7. Pillai, K.N.C., Essays on Indian Penal Code, Indian Law Institute, New Delhi, 2010.
8. Ratanlal and Dhirajlal, The Indian Penal Code, LexisNexis Butterworths Wadhwa, Nagpur,
2016.
9. Sarvaria, S.K., RA Nelson Indian Penal Code, LexisNexis, ButterWorths, Nagpur, 2016.
10. Saxena, R.N., Indian Penal Code, Central Law Publication, Allahabad, 16th Edition, 2016.
11. Singh, G.P., Ratanlal Dhirajlals Law of Torts, Wadhwa Publications, Nagpur, 2016
12. Tandon, Rajesh, Indian Penal Code, Allahabad Law Agency, Faridabad (Haryana), 2016
13. The Information Act, 2000, Criminal Manual, Universal Law Publishing Co. Pvt. Ltd., New
Delhi, 2016.

LEGISLATIONS

Constitution of India, 1950.

Indian Penal Code, 1860.

The Medical Termination of Pregnancy (MTP) Act,1971

The Pre-Conception and Pre- Natal Diagnostic Techniques [Prohibition of Sex

Selection] Act,1994

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Acadamic Articles

Amy J. Marin and Rosanna E. Guadagno, Perceptions of Sexual HarassmentVictims as a Function of

Labelling and Reporting, 41 Sex Roles (1999) pp. 921-940 ........................................................... 39
Annabelle Mooney, When A Woman Needs To Be Seen, Heard And WrittenAs A Woman: Rape, Law
And An Argument Against Gender NeutralLanguage, 19 Int'l J. for the Semiotics of Law 2006, pp.
39-68. ................................................................................................................................................ 41
Hebert, L. Camille, Why Don't 'Reasonable Women' Complain about Sexual Harassment?, 82
Indiana L. J. (2006) ........................................................................................................................... 39
L. Camille Hebert, Why Dont Reasonable Women Complain About SexualHarassment?, 62
Indiana L. J. (2006). .......................................................................................................................... 41
MeenaRao, Ramification of Harassment of women, 43 JILI, 2001 pp. 305-335. .............................. 16
Michelle Fram Cohen, The Condition of Women in Developing and DevelopedCountries, XI The
Independent Rev., (2006), pp. 261 274. .......................................................................................... 42
PoonamPradhanSaxena, Immoral Traffic in Women and Girls: Need for Tougher Laws and Sincere
Implementation, 44 JILI (2002),pp. 504-533................................................................................... 40
Reba Som, Jawaharlal Nehru and The Hindu Code: A Victory of Symbol Over Substance?, Modern
Asian Studies, 1994 pp. 165-194 ...................................................................................................... 14
Seaman, Julie, Form and (Dys)Function in Sexual Harassment Law: Biology, Culture, and the
Spandrels of Title VII, 37 Arizona St. L. J. 321( 2005)................................................................... 43
SheelaSaravanan, Violence Against Women in India: A Literature Review,Institute of Social Studies
Trust( ISST), 2000. ........................................................................................................................... 35
UlricKillion, Post-WTO China: Quest for Human Right Safeguards in Sexual Harassment Against
Working Women, 12 Tul. J. Int.& Comp. L. (2004) pp. 201-235. ................................................... 42
Y. Tambiah, Realizing Womens Sexual Rights: Challenges in South Asia, 67Nordic J. Intl L.(1998)
pp. 97-105. ........................................................................................................................................ 41

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