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It is disturbing to know that the gender bias and deep structured discrimination against girl child, which have been existing from the centuries, are now found to begin in the womb itself. The girl child in the womb faces the challenges of pre-birth elimination i.e. female foeticide. The latest researches in modern techno logy- the tests like amniocentesis and ultra-sonography are being abused. The tests which were basically designed for the detection of gender related congenital abnormality of the foetus are now being abused especially in India and Asian countries primarily to detect the sex of the foetus with the intention of getting it aborted if it happens to be that of a female. Such foetus is considered to be "suffering from the very disease of being a female foetus." If the female foetus is lucky enough to survive till her birth then she faced the danger of elimination in infancy by female infanticide.

The objective of this paper is to analyse the status of female foeticide in society.

In Punjab, the state average child sex ratio now is 793. In Maharashtra, Gujarat, Punjab, Himachal Pradesh, Haryana, there was more than 50 points decline in child sex ratio.[1] The ten districts with lowest child sex ratio in Punjab are having less than 800 girls as per 1000 boys.[2]

It is a disgrace for the Indian society, which considers the birth of a girl child as a bad investment in future. She is considered to be consumer rather than a producer, and this narrow viewpoint of the Indian patriarchal society has lead to horrid practices like female infanticide and female foeticide.[3]

The Atharva veda says, "The birth of a daughter, grant it elsewhere, here grant a son." This saying in the Holy Scripture sums up the Indian attitude towards female children most vulnerable for centuries and, are even today, vulnerable to the insults of deprivation as well as discrimination. Whatever the natural biological laws of human reproduction had given mankind for balancing its natural sex ratio, has been taken away by man made laws, customs, traditions, religious beliefs and sophisticated medical technology, resulting in a lower status in society for girls as well as women.[4] For too long have they been left on the back burner, facing discrimination throughout their entire journey from cradle to the grave. In particular, peculiar to South Asia, and certainly to India, tradition values and customs encrusted over time have resulted in the insatiable desire for sons, with families having totally marginalized the joy and pleasure in giving birth to a baby girl."[5]

Barbarian Trend of Female Foeticide

The Medical science techniques for sex determination came in late 1970 and since then the sex selective abortion has unleashed an era of horror. Experts are calling it "sanitized barbarism".[6] Demographic trends highlight India is fast heading towards a million female fetuses aborted each year. Although foetal sex determination and sex selection is a criminal offence in India, the practice is continuing Private clinics with ultrasound machines are doing brisk business. Everywhere, people are paying to know the sex of an unborn child and paying more to abort the female child. The technology has even reached remote areas through mobile clinics. We these days hardly see a family with two daughters. It shows that people are getting sex determination done even for the first child.

Sex determination tests are seen as providing a 'reproductive choice'- a choice to decide to have a boy or a girl. However women do not really enjoy in unfettered choice. Choice can not exist in the text where women are socialized to subordinate their interests to those of men; where women attain a status only through marriage and by giving birth to children preferably sons; where they largely bear the burden of cooking, collecting firewood, fetching water, bearing and rearing children, tending cattle; eat last and the least, have lesser access to education and health services.[7] Choice is only meaningful if it can be exercised in the context of material, social and gender equity. The availability of sex detection tests creates a situation where women are forced to undergo the test either by external pressure from family members.

Some Shocking Facts

There is an alarming trend of decline in child sex ratio in India. Following are few of the shocking fact qua sex ratio:

1. Trend of decline in child sex ratio (number of girls per 1000 boys for 0-6 years age group) in last 50 years. The census reveal this ratio of 976 in 1961, 964 in 1971, 962 in 1981, 945 in 1991 and 927 in 2001.[8] Thus, the decline of 49 points in sex ratio is a matter of concern.
2. It is an accepted opinion that the sex ratio at birth in a healthy population should not be less than 950 female to 1000 male.
3. The sex ratio in Punjab for the year 1991 was 882, and in the year 2001 it was found to be 874 with mild improvement to 876 in 2004. But the child sex ratio as revealed by the birth in Punjab shows an alarming situation as from the period of 2001 to 2005, it is clear that it is at the lowest ebb. It was 754 in 2001, 778 in 2002, 790 in 2003, 794 in 2004 and 791 in 2005.[9]
4. In India, more and more people are willing to use technology to avoid birth of daughters. In a shocking discovery, the Orissa police on July 23, 2007, recovered as many as 30 polythene bags stuffed with female fetuses and the body parts of new born babies from a dry well near a private clinic, in Nayangarh, close to Bhubneshwar. The police have arrested the manager of the clinic.

According to police source, the body parts which included skulls and bones may have been dumped into the well soon after birth or abortion at the clinic. The incident brings back to light the often discussed female foeticide. The country has enacted laws banning sex determination test, but aborting female fetuses is still common in India.[10]

Statistical abstract of Punjab

A report said that the police searched the well after seven female fetuses packed into polythene bags were found dumped in a deserted area in a nearby village in mid July 2007. The police haven't rules out a link between the two incidents and are suspecting a female foeticide racket. This discovery is just part of an unending series of female foeticides that have been happening in several parts of the country. In June, 2007, a doctor was arrested on charges of illegally aborting 260 female fetuses after police recovered bones from the septic tank in the basement of his maternity clinic in the outskirts of New Delhi. The statistics reveal that as many as 10 million girls in India have been killed by their parents either before or immediately after birth over the past 20 years. As per report published in a medical journal ten the ten million mission female births are estimated in last 20 years in India."[11]

Causes of deteriorating sex ratio in Punjab

Following are the few causes identified responsible for decline in sex ratio:

1. Son preference. In Punjab almost everyone prefers to have son. It is outcome of the socialization process. As Punjab being the border state and frequently raided by the enemies and the raiders used to take away the females, the people of Punjab started having preference for male. If we go to history the sex ratio in Punjab was always tilted towards males.
2. Male dominated society from ancient times.
3. The women do not know their reproductive and sexual rights.
4. Access and availability of technology as Punjab has good infrastructure and people has easy access.
5. Unethical medical practice.
6. Two child norm which most of the families has adopted.
7. Non registration of birth of girl child.
8. Dowry.
9. Crime against women.
10. Less work participation rate of women in Punjab. According to census 2001, the deteriorating CSR is also associated with poor work participation of women.

Future

The women rights are of no consequences unless the rights of the girl child are protected and inequality is removed, it is the girl child that develops and grows into women. Thus, the girl child's rights take precedence over the rights of the women. So if the inequality at the outset is not checked or controlled, the subsequent rights are of no significance. However, the trend in declining sex ratio in India indicates the following features:-

1. Sharp decline in ratio of women to men.
2. Rise in sexual offences against women.
3. Rise in child sexual abuse.
4. Increase in trafficking of women for sexual exploitation.
5. Rise in domestic and all other forms of violence against women.
6. Decreased social and economic mobility of women.
7. Rise in incidence of "bride price and other changes in patterns in societal, marital and familial relationships.

Strategies for improving Sex Ratio

Unfortunately, developed medical science is misused to get rid of girl child before birth. Knowing full well that it is immoral and unethical as well as it may amount to an offence; qualified and unqualified doctors or compouders abort foetus of girl child. This has affected overall sex ratio in various States where female infanticide is prevailing without any hindrance. Undoubtedly, morality cannot be legislated but behaviour can be regulated. Judicial decrees may not change the heart but they can restrain the heartless.

Legislative Efforts

Thus, Section 6 of the PC & PNDT Act[12] has made a bold effort by restraining the heartless by banning diagnostic techniques for determine the sex of foetus. To make the vision of the Act a living reality, Section 7 has been incorporated which provided for setting up of Central Supervisory Board comprising high officials and exprets. The human face of the enactment is reflected in Section 4, which provides for exceptions to the ban in cases of chromosomal abnormalities, genetic diseases and congenial anomalies. The deterrent aspect is contained in Section 27, which makes every offence under the Act as cognizable, non-cognizable, non-bail able and non-compoundable. However, Rule 9 and certain other provisions provide for maintenance of records.

Offences under the Pre-Conception and Pre-Natal Diagnostic (Prohibition on Sex Selection) Act, 1994 (PC & PNDT ACT)]

In brief the Act prohibits and prohibits penalties identifying the following offences and violations of the provisions of the Act are cognizable in nature, non compoundable and non-bailable:

1. Sex selection including any technique, procedure, test Administration, prescription or provision of anything. Before or after conception, for the purpose of ensuring or increasing the probability of birth of male child, including Ayurvedic pills or any alternative therapy and pre-conception methods / tests such as Erikson method conducted to ensure male childbirth as they are considered to have no medical indication.[13]
2. Misuse of PC & PNDT, even by a qualified person, solely for sex determination and in conditions not falling under the exceptions.[14]
3. Conducting PC or PNDT by a person including those working on honorary basis without the requisite qualification and experience / training as prescrines in the Act.[15]
4. Seeking or encouraging the misuse of PC or PNDT by husband of the woman herself (unless she was compelled to undergo such techniques) on the woman or husband, or even by a relative, for sex selection.[16]
5. Communication of the sex of the foetus to the woman or her husband or relatives, through words, signs or any manner, by the person conducting the PC &PNDT.[17]
6. Issue, publication or circulation of any advertisement of facilities or any means of determining sex of the foetus before or after conception. The advertisement may be in any form; notice, circular, label, wrapper or any other document, advertisement through internet or any other media in electronic or print form, hoarding, wall painting, signal, light, sound, smoke or gas.[18]
7. Non-registration of the places where PNDT are carried out: Genetic Counseling Centre (advising PNDT of both kind procedures or Tests), Genetic Clinic (conducting PNDT procedures, Genetic Laboratory (conducting PNDT tests), including the vehicle used as Genetic Clinic.[19]
8. Use of unregistered places for carrying out PC or PNDT.[20]
9. Sale of machines or equipment capable of detecting sex of foetus, to unregistered units or practitioners.[21]
10. Non-maintenance of medical records.[22]
11. Non display of registration certificate at some prominent place in the premises conducting PC or PNDT.[23]
12. Non-availability of PC& PNDT Act in the unit carrying out the PC & PNDT.[24]

Contribution and Awakening on the part of the Society:

It is important that this must be reach to all that

1. Do not away if any of these offences are being committed.
2. Do not be a party to any of the above offences and be vigilant for offences like those described above, taking place around you.
3. Complain about any of the offences by writing to the Appropriate Authority appointed under the Act for your area. At the district and sub-district levels, usually the chief Medical officers (CMOS) and Block Medical officers (BMOs) are available. If the Appropriate Authority fails to take the action in your complaint within 15 days, You can directly go the court Judicial Megistrate First Class of your area.
4. Aim at cancellation or suspension of registration of the offending practitioner and / or of the Genetic Counseling Centre, Clinic or Laboratory as well as strictest imprisonment and / or imposition of penalty.
5. Shame the offender socially and publicly by making concerted public pretest.
6. File Writ Petitions in cases of inaction of any of the statutory authorities or in case of documented a experience with regard to any inadequacies in the Act and Rules under the Act.
7. As a concerned social worker, human rights activist, lawyer or concerned medical expert, offer your services as part of the Statutory bodies to keep watch and take necessary steps.

Keeping in view the present situation in concern with female foecticide in India, the state should not discriminate between persons who have taken birth and persons who are still in the wombs of mothers[25]. The State under an obligation under Article 21 of the Constitution not only protect the life of unborn child from arbitrary and unjust destruction, but also not to deny it equal protection under Article 14 of the Constitution. There is need for the formulation of national policy for protecting the foetus by providing monetary and medical facilities to the pregnant woman on the part of the welfare state. At the same time there is a need of the hour to changes the mind set of the public in concern with discrimination toward the girl-child. The part of progress of the nation starts from the womb of the mother which requires attention and not ignorance.

1. Census India, 2001, Office of registrar General of India, New Delhi
2. Ibid.
3. Mane P N (1991) Socialization of Hindu Women in their childhood: An analysis of Literature. The Journal of Family Welfare 52 (1): 8-96
4. Srivastava RD (2000) Girls are second class citizens everywhere. The Times of India, January 17: 3.
5. Yadav S and Badari V S (1999) Gender Preference and Anxiety of pregnant Women. The Indian Journal of Social work 60 (4): 538-51
6. Sunita Thapar, Save the Girl Child, the Hindu 19th March 2007.
7. Puri N (1998), The girl child in India. The Journal of Family Welfare 44 (3): 1-8
8. See Table No. 1.
9. See Table No. 2.
10. No end for female foeticide in India, the Times of India, 24th July, 2007
11. Ibid
12. The Pre-Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
13. Section 26 of the Pc & PNDT Act.
14. Section 3(2) of the PC & PNDT Act.
15. Section 3(3) of the PC & PNDT Act.
16. Section 23(2) of the PC & PNDT Act.
17. Provision to Section 4(3) of the PC & PNDT Act
18. Section 22(1) of the PC & PNDT Act.
19. Rule 17 of the Rules under the PC & PNDT Act 1994.
20. Supra Note 19.
21. Section 3-B of the PC & PNDT Act 1994, read with Rule 3- A of the rules under the act.
22. Forms D. E and F in the PC & PNDT Act 1994
23. Rule 17 of the Rules under the PC & PNDT Act 1994.
24.  Ibid
25. Prashanth S.J, 'Right to life of foetus' AIR 2005 Journal Section, p.209.