ACCOUNTS AND LAW PROJECT

FEMALE FOETICIDE

ACKNOWLEDGEMENT
The research on the topic Female Foeticide had been given to us a part of our curriculum in Bachelors of
Commerce. The credit of the successful completion of the project goes to a number of people. First of all, we are
very grateful to the Accounts Faculty namely Prof Neha Saxena, Prof Heli Shah, etc for their constant cooperation
and support through the making of this project. The joint effort of the group has made this project a success. The
project has given us a good opportunity to explore the topic of female foeticide in great detail. It has also given us
an opportunity to become aware regarding the issue at hand and also helped us to create awareness on the same.

INDEX
Serial Number
1
2
3
4
5
6
7
8
9

Topics
Introduction
Prominent Cases On Female Foeticide
Statistical Data
Legal Provisions
Legal Implications
Views of Celebrities
Future Prospects of Female Foeticide
Conclusion and Key Learnings and Findings
Bibliography/References

INTRODUCTION

Female foeticide is the act of termination of the life of a foetus within the womb on the grounds that its sex is
female thus this is known as female foeticide. Female foeticide is the conjunction of two ethical evils: abortion and
gender bias. A foetuss right to life outweighs the parents' rights to wealth, pride, or convenience, whether the
foetus is male or female. The term "sex selective abortion" is preferable to the term foeticide, since it points to both
of the ethical evils inherent in this practice.
Female foeticide is the selective abortion/elimination of the girl child in the womb itself, done deliberately by the
mother, after the detection of the childs gender through medical means like Ultra-sonography, helps which
determine abnormalities in foetus but people misused it to find out sex of foetus and abort it if it is a girl.
Female foeticide leads to low female-to-male ratios, which in turn perpetuates low status of women. Conversely,
low status of women leads to more female foeticide.

PROMINENT CASES ON FEMALE FOETICIDE

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It is normally the function of the Government to implement laws enacted by the legislature. But when the
Government fails to do so, resort is taken to judiciary. The Pre Natal Diagnostic Techniques (Prevention of
Misuse Act) (PNDT Act) was enacted by Parliament in 1994. However it came into operation after 2 years, on
1.1.1996 and even after lapse of 5 years neither the Central nor the State Governments had taken any action for its
implementation. Hence the judiciary had to take upon itself the task of giving effect to the said Act. There are a
series of petitions filed either Suo-moto or being moved by NGOs in which the Supreme Court and the High
Courts, have issued various directions and pronounced orders to the Central and the State Governments for creating
public awareness and for effective implementation of this Act.

Case 1:
Centre for Enquiry into Health & Allied Themes (CEHAT) and others Vs. Union of India [Writ Petition
(Civil) No. 301 of 2000]
A path breaking order with regard to the implementation of the PNDT Act is the Writ Petition (C) No. 301/ 2000. It
was a Public Interest Litigation (PIL) filed by a research organisation named Centre for Enquiry into Health and
Allied Themes (CEHAT), a Non-Governmental organization and Dr. Sabu M. George, a civil society member. In
this Petition, it took nearly one year for various States to file their affidavits in reply/ written submissions and after
hearing them, from time to time the Supreme Court number of directions were issued to the Central and State
Governments, to the Central Supervisory Board and Appropriate Authorities established under the Act, for its
proper implementation.
The order of this petition entrusted the responsibility of examining the necessity to amend the Act by way of
directions to Central Government and the Central Supervisory Board (CSB):

Creating public awareness against the practice of pre-natal determination of sex and female foeticide
Meetings of CSB to be held at least once in six months
Reviewing and monitoring the implementation of the Act by CSB
Issuance of directions to all state /UT Appropriate Authorities to furnish quarterly returns giving a report on the

implementation and working of the Act by CSB

Examining 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 by CSB.

Views on the case:

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In this case, the Court took on the unique role of actually monitoring the implementation of the law and issuing
several beneficial directives over the course of 3 years during which the case was proceeding in court. The perusal
of the directions in the form of total six orders is sufficient to reflect that the Supreme Court had in this matter
established on how the PNDT Act should be effectively implemented putting the required infrastructure in place.
This decision hence constitutes a land mark in its impact.

Case 2:
VINOD SONI AND ANR vs UNION OF INDIA Bombay High Court
In this case the petitioners namely Vinod Soni and Anr who were a married couple had challenged the
constitutional validity of the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection Act)
1994. The Writ Petition had two challenges as to the fact that the act violated the Article 14 Right to Equality
and Article 21- Right to Life. But at the time of argument the counsul acting on behalf of the petitioner submitted
that he does not seek to challenge the constitutional validity as far as article 14 goes. Thus the challenge was with
respect to article 21 only.
The article 21 is as follows Protection of life and personal liberty - No person shall be deprived of his life or
personal liberty except according to procedure established by law."
The Bombay high court gave a judgement on the case stating in detail as to what all areas are covered in the article.
According to the learned counsel the article has undergone a wide expansion pertaining to life itself and personal
liberties a person has as a matter of his fundamental right. The court clarified the interpretation of the article by
relying on the judgements given by the Supreme Court of India which stated that the article includes the right to
pollution free environment as well as the right to reasonable residence at a cost. Despite the further expansion of
the possible elasticity of the provisions of the article, it cannot include right to selection of sex whether pre
conception or post conception.
Following the above the court ruled that article 21 now governs the right of every child to full development. The
enactment of the sex selection act 1994 is done factually to further this right under article 21. The diagnostic tests
which depict the gender of the child to be conceived is prohibited but unless it is done so that an abnormal child
does not come into existence and it poses a threat to the pregnant mother.
The court stated that the petition does not make even a prime facie case for the violation of article 21 of the
constitution of India. Hence it is dismissed as well as the application for intervention is rejected.

Views on the case:

According to me the judgement given by the court is perfect as an act is formed keeping in mind the rights of the
citizens. Thus the whole argument of the act violating any right is absurd. Plus the petitioner represents a majority
of people who think that girls are a burden to the society which is a petty mentality. The above judgement ridicules
the mentality and clarifies that every child has a right to enter this world irrespective of its gender.

Case 3:
DISTRICT APPROPRIATE AUTHORITY-CUM-CIVIL SURGEON, FARIDABAD. VS. DR. ANIL
SABHANI
In the said case the District Appropriate Authority-cum-civil Surgeon Faridabad filed a complaint against Dr. Anil
Sabhani, Prop. M/s Dr. Anils Ultrasound and his assistant Kartar Singh on the ground of conducting Pre-Natal
Diagnostic Technique in violation of section 4(1), 4(2) and 4(3) of the PNDT act. He also failed to maintain proper
records of the ultrasound centre and contravening the provisions of section 29 under PNDT Act and all the offence
are punishable under section 23 of the Act. Both the accused are accordingly held guilty and convicted for the
above offences.
The learned counsel for the convicts argued to show leniency towards them as they were not indulged in
any criminal acts in the past, while the petitioner counsel argued for a stringent punishment. According to Sub
Divisional Judicial Magistrate the convicts did not deserve leniency. In the present case the convicts orally
conveyed the sex of foetus to the patients, but due to the check of such illegal acts the persons like the convicts
have worked out their own sex determination code. Such acts are responsible for the skewed sex ratio in Haryana.
As a result of 1991 census 36.24% of men between 15-44 years of age remain unmarried due to the dearth of
brides. The convicts together had indulged in a serious crime were in the process of killing a being not in a stage of
even defending itself. Accordingly the convicts were given imprisonment of two years and a fine of Rs.5000/- each
for the offence.
Views on the case:
According to us the judgement given by the Magistrate is not appropriate as the determination of sex of the foetus
leads to killing of a nave life in a cruel manner. Sex-selective abortion is a crime that is committed an estimated
millions in a year. Yet prosecutions are rare and only few of the doctors are imprisoned. The above judgement
should have acted as a deterrent if the punishment would have been harsher.

Statistical Data:
No. of ongoing PCPNDT court cases50

S. No
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35

State/UT

No. of ongoing court/police cases

Andhra Pradesh
Arunachal Pradesh
Assam
Bihar
Chhattisgarh
Goa
Gujarat
Haryana
Himachal Pradesh
Jammu & Kashmir
Jharkhand
Karnataka
Kerala
Madhya Pradesh
Maharashtra
Manipur
Meghalaya
Mizoram
Nagaland
Orissa
Punjab
Rajasthan
Sikkim
Tamil Nadu
Tripura
Uttarakhand
Uttar Pradesh
West Bengal
A & N Island
Chandigarh
D&N Haveli
Daman & Diu
Delhi
Lakshadweep
Pondicherry
TOTAL

19
10
5
0
95
58
7
3
13
11
38
0
104
54
72
0
3
49
7
0
58
606

LEGAL PROVISIONS

Until 1970 the provisions contained in the Indian Penal Code (IPC) governed the law on abortion. The Indian Penal
Code 1860 permitted legal abortions did without criminal intent and in good faith for the express purpose of
saving the life of the mother. Liberalisation of abortion laws was also advocated as one of the measures of
population control. With these considerations, the Medical Termination of Pregnancy Act was passed in July 1971,
which came into force in April 1972. This law was conceived as a tool to let the pregnant women decide on the
number and frequency of children. It further gave them the right to decide on having or not having the child.
However, this good intentioned step was being used to force women to abort the female child. In order to do away
with lacunae inherent in previous legislation, the Pre-natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act had to be passed in 1994, which came into force in January 1996. The Act prohibited determination of
sex of the foetus and stated punishment for the violation of the provisions. It also provided for mandatory
registration of genetic counselling centres, clinics, hospitals, nursing homes, etc. Thus, both these laws were meant
to protect the childbearing function of the woman and legitimise the purpose for which pre-natal tests and abortions
could be carried out. However, in practice we find that these provisions have been misused and are proving against
the interest of the females.
Besides having specific legislation and policy proclamations to deal with this menace, the precipitating factors
such as dowry, poverty, and womans economic dependence etc leading to the problem of foeticide has been
addressed by enacting various legislations:

Dowry Prohibition Act, 1961

Medical Termination of Pregnancy Act
Hindu Marriage Act, 1955
Hindu Adoption and Maintenance Act, 1956
Immoral Traffic Prevention Act, 1986
Equal Remuneration Act, 1976 etc.

These and various other legislations and policy proclamations intend to bring about womens economic and social
empowerment to the maximum and it is hoped that such measures would equip women to exercise their rights.

LEGAL IMPLICATIONS
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2002
The present Act to provides for the prohibition if sex selection, before or after conception, and for the regulation of
pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or
chromosomal abnormalities or certain congenital malformations or sex- linked disorders and for prevention of their
misuse for sex determination leading to female foeticide and for matters concerned therewith. To bring into the
ambit of the Act emerging techniques for pre-conception sex-selection, such as sperm separation and preimplantation genetic diagnosis, increasing the fine and additional provisions for the suspension and cancellation of
the registration of violators, the law targets the medical profession, the so-called 'supply' side of the practice of sex
selection. The manufacturers of ultrasound equipment are now required, to sell their products only to registered
clinics. It is a managerial personnel responsibility of all ultra-sonographers now has to maintain records of all tests
conducted by them.

Provisions under Indian Penal Code

Section 312- Causing miscarriages
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. A woman, who causes herself to miscarry, is within the meaning of this section.
Section 313- Causing miscarriage without womans consent
Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the
woman is quick with child or not, shall be punished with imprisonment for life or with imprisonment of either
description for a term which may extend to ten 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 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. And if the act is done without the consent of the woman, shall be punished either with
imprisonment for life or with the punishment above mentioned. It is not essential to this offence that the offender
should know that the act is likely to cause death.
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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.
Section 316- Causing death of quick unborn child by act amounting to culpable homicide
Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable
homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.

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VIEWS OF CELEBRITIES
1.

PM NARENDRA MODI: Denouncing the practice of female foeticide, Prime Minister Narendra Modi said that
the discrimination against girls reflects "mental illness" and displays that our mindset belonged to 18th century,
when daughters were killed soon after they were born." According to him this is our mental poverty and this
mental illness ails the whole country."

2.

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AMIR KHAN expressed his view against it by saying that "If we worship goddess Durga, why we kill unborn
girls According to him its an unethical mindset and we have to save the girl child from this evil practice of female
foeticide for our better future.

3.

In the 'Save the Girl Child' programme HEMA MALINI said against it that "The lack of sons in my life does
not worry me at all. I am lucky to have two daughters . According to her our country is facing female foeticide
problem and for solving them, all would be needed. People should realize their responsibility to the society and
work positively to save the girl child.
4.

In tackling female foeticide, Union minister MENKA GANDHI believes in changing peoples mindset in an
incentive-based way is more pertinent than bringing in stern laws.
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FUTURE PROSPECTS OF FEMALE FOETICIDE

Days are not so far, when there may be emergence of the situation where brides will not be available for the
marriage of the sons to maintain lineage and continue the human race of even those people who believe on long
standing tradition of son preference, that only sons can offer Pyre Pindadana, Mukhagni and not the
daughters. Therefore it is felt that the mindsets of the people should be changed right from now towards the
importance of the girl child in the family.
There is an urgent need to alter the demographic composition of Indias population and to tackle this brutal
form of violence against women. The enactment of any law is not sufficient; laws must be adhered to and
applied rigorously, before any change in the status of women can take place. Inspite of the

Pre-natal

Diagnostic Techniques (Prohibition of Sex Selection) Act umpteen incidences of female foeticide are taking
place in India. There is still utmost controversy as to who will serve as the watchdog to control the misuse of
the practice of female foeticide.
Promoting gender balanced society involves targeting behavioural changes in society which in turn involves a
long term community based intervention, awareness programmes, programmes to promote girl childrens right,
addressing myths related to sons/ daughters and concerted efforts to change the mindset of people. Sensitization
of medical practitioners, enforcing a system of ethics in the medical profession and monitoring of medical
services available to people is an urgent need.
It is indeed time to energize efforts to put genders equality at the top of development agenda and contribute in
whatever way we can to give opportunities to girl children to bloom and shine.34 Apart from the above, a
feeling has to be inculcated in the minds of the people that she is the daughter, she is the sister, she is the mother
and she is the life partner of a man.

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CONCLUSION
Even though the law is a powerful instrument of change yet law alone cannot root out this social problem. The girls
are devalued not only because of the economic considerations but also because of socio-cultural factors, such as,
the belief that son extends the lineage, enlarges the family tree, provides protection safety and security to the
family and is necessary for salvation as he alone can light the funeral pyre and perform other death related rites and
rituals. It is, therefore, essential that these socio cultural factors be tackled by changing the thought process through
awareness generation, mass appeal and social action. In addition to this all concerned i.e. the religious and social
leaders, voluntary organisations, womens groups, socially responsible media, the doctors; the Medical
Council/Association (by enforcing medical ethics and penalties on deviant doctors) and the law enforcement
personnel should work in a coordinated way.

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KEY LEARNINGS AND FINDINGS

Through this project we came to know about how our judiciary functions and gives judgements and issues
guidelines to the country for various laws of the land. In the following topic we have observed that the major fault
is of the government as the punishments mentioned in the act are not at all enough. The issue of female foeticide is
a grave offence as per the Indian Penal Code which states that those accused should be charged and punished
heavily.
According to us the central government should amend the act to include severe penalties against those committing
this heinous crime so that it acts as an example for those who even think of indulging in it.

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BIBLIOGRAPHY/REFERENCES

w w w.i n d i a k a n o o n . c o m
w w w.c o u n t r y o f f i c e . u n f p a . o r g
w w w.n l r d . o r g

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