Women, who constitute half the human population, are encountered with many challenges. Female foeticide is perhaps one of the worst forms of violence against women where a woman is denied her most basic and fundamental right i.e. ‘The Right to Life.’ How is female foeticide different from female infanticide? Why are the people’s mindsets so? Are there any laws to prevent these crimes? Who are the authorities responsible for ensuring safety to these new born and yet to be born? This article focuses on these aspects and tries to cover such FAQs.
Female Foeticide
As there is no particular definition of female foeticide provided by the Code of Criminal Procedure but the following definition will clear your conception: ‘Female foeticide is the killing of a healthy female foetus, in order to get rid of a female child by means of Medical Termination of Pregnancy (MTP) or Abortion’. Female foeticide is considered a criminal offence in India. Abortion is lawful only when the doctor believes that due to medical reasons the continuance of the pregnancy may pose a threat to the health of the mother or the unborn child.
Female Infanticide
Basically, this technique was adopted previous to female foeticide and prominently in rural areas where most people do not have access to sex-determination facilities the rate of female infanticide is alarming. ‘Infanticide is the killing of a child after birth.’
In India there are many shocking instances of female infanticide by:
1. Strangulation,
2. Poisoning
3. Dumping in garbage bins
4. Drowning
5. Burying alive
6. Starvation
7. Over exposure to elements.
A startling fact is that often the mother or other female members in her network actively participate in the execution of these heinous killings.
NOTE: Compared to infanticide, foeticide is probably a more acceptable means of disposing off the unwanted girl children. Infanticide can be an overtly barbaric and inhuman practice while foeticide that is carried out by skilled professionals is a medical practice that uses scientific techniques and skills and reduces the guilt factor associated with the entire exercise.
Why are the people’s mindsets so?
In most Indian households, a male child is given priority over a female child. Parents often neglect the female child’s emotional, physical and mental wants, bringing her up to believe that her life is to serve others, especially the male members of the family and taking care of the day to day household chores. Girls face discrimination before birth, at birth, and throughout their lives at the hands of their families. They are denied adequate medical and healthcare facilities, nutrition, education and are often subject to physical and sexual abuse in the society.To reach the root cause of this problem one must understand the socio-economic and cultural structure in India. Due to the patriarchal framework and male chauvinist society the male child is looked upon as the money earner. Parents look upon them for their security, to carry forward the family name and perform their last rites. On the other hand, the female child is looked upon as a burden due to prevalent dowry practice.
The growing concern over Female foeticide and Female infanticide
No doubt, if this practice continues it will disturb the social balance and it may lead to serious problems like increase in sexual offences, sharing of women within and outside wedlock and greater insecurity to women.For a healthy society the male to female sex ratio must remain at a balanced level.The alarming rate of female foeticide is a cause of grave concern, as the number ofgirls born is decreasing drastically in several sections of our society. Due to this disproportionate ratio, females are exposed to more exploitation and violence. This state of affair if not checked will have a disastrous impact on the future generations of our country.
Know your rights !
Right to Equality under Article 14 and Right to Live with Dignity under Article 21, Sex – detection tests violate BOTH these rights.
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex selection) Act, 2002
i) The Act provides for the prohibition of sex selection, before or after conception.
ii) It regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing them their use only to detect:
a. Genetic abnormalities
b. Metabolic disorders
c. Chromosomal abnormalities
d. Certain congenital malformations
e. Haemoglobinophathies
f. Sex related disorders
iii) No laboratory or centre or clinic will conduct any test including ultrasonography for the purpose of determining the sex of the foetus.
iv) No person, including the one who is conducting the procedure as per the law, will communicate the sex of the foetus to the pregnant woman or her relatives by words, signs or any other method.
v) Any person who puts an advertisement for pre-natal and pre-conception sex-determination facilities in the form of a notice, circular, label, wrapper or any document, or advertises through interior or other media in electronic or print form or engages in any visible representation made by means of hoarding, wall painting, signal, light, sound, smoke or gas, can be imprisoned for up to three years and fined Rs. 10,000.
The Medical Termination of Pregnancy Act, 1971
MTP Act 1971 does not recognize the right of the mother to abort, this right to decide on termination of pregnancy vests with a registered medical practitioner. An Act to provide for the termination of certain pregnancies by registered Medical Practitioners and for matters connected therewith.
Medical Council Act, 1956
The relevant section of the Code of Medical Ethics states:
On no account, sex determination test shall be undertaken with the intent to terminate the life of a female foetus developing in her mother’s womb, unless there are other absolute indications for termination of pregnancy as specified in the Medical Termination of Pregnancy Act, 1971. Any act of termination of pregnancy of normal female foetus, amounting to female foeticide, shall be regarded as
professional misconduct on the part of the physician leading to penal proceedings besides rendering him liable to criminal proceedings as per the provisions of this Act.
NOTE: It is here important to note that the penalty for unindicted sex determination and female foeticide is striking off the name from the register apart from criminal action.
The Code of Criminal Procedure under Section 416 mandates that the High Court shall order of execution of capital sentences on a pregnant woman be postponed or it may commute the sentence to imprisonment for life, thereby indirectly recognizing the right to life of foetus.
The Indian Constitution has recognized the right to life under Article 21 as also recognized in several cases. But this is hardly available to the unwantedgirl child. Hence the right of the girl child may be construed in broader terms and should be read as:
1. Right to be born and not to be aborted only because she is a girl.
2. Right to remain alive after birth and not to be killed at any moment after birth.
3. Right of the girl child to her mind her body, right to childhood and right to a healthy family environment.
Under various sections of Indian Penal Code, the punishments provided are as follows:
Section 312
Causing miscarriage
Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 314
Death caused by act done with intent to cause miscarriage
Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term may extend to ten years, and shall also be liable to fine;
Section 315
Act done with intent to prevent child being born alive or to cause it to die after birth
Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
Who are the authorities responsible for ensuring safety to
these new born and yet to be born?
Central Government:
1. To create public awareness against the practice of pre-natal determination of sex and female foeticide.
2. To implement with all vigour and zeal the PNDT Act and the Rules framed in 1996.
3. Rule 15 provides that the intervening period between two meetings of the Advisory
4. Committees Constituted under sub-section 17 of the PNDT Act to advise the appropriate authority shall not exceed 60 days. It would be seen that this Rule is strictly adhered
Direction to the Central Supervisory Board (CSB) :
1. Meetings of the CSB will be held at least once in six months as provided by the Act.
2. The CSB shall review and monitor the implementation of the Act.
3. The CSB shall issue directions to all state UT Appropriate Authorities to furnish quarterly returns to the CSB giving a report on the implementation and working of the Act.
4. The CSB shall examine the necessity to amend the Act keeping in mind emerging technologies and difficulties encountered in the implementation of the Act and to make recommendations to the Central Government.
5. The CSB will require medical professional bodies / associations to create awareness against the practice of pre-natal determination of sex and foeticide and to ensure implementation of the Act.
“ It is only an escapist view to deny the right to life to a foetus saying it is not a person. It is not a liability. It is not a drain on economy. It is not an instrument through which dowry has to be given. A feeling has to be nurtured that she is the daughter, she is the mother and she is the life partner ”
-Anonymous
This article has been contributed by Anurag Mishra, First Year, Symbiosis Law School, Hyderabad
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