In this blog post, Saanvi Singla, a student of University Institute of Legal Studies, Panjab University, has laid down some of the main reasons which contribute to the heinous crime of female foeticide in India and also discusses the laws which have been made by the government from time to time to eradicate this crime.
Introduction
One of the greatest dangers to our contemporary human progress is the threat of skewed sex proportion. The expanding irregularity amongst males and females is prompting numerous violations, for example, illicit trafficking of ladies, rapes, polygamy and dehumanization of society. These crimes have been on an increase making this world dangerous for women. Female foeticide is a standout amongst the most violent crimes on this planet; maybe what is wretched is that the general population which carries out this heinous crime is amongst the affluent ones.
We all know what female foeticide is. We all know why it is taking place at such a rampant pace. But we should also know the laws which are specifically made to prevent this heinous crime. In this article, we will be discussing the laws which have been made by the government from time to time to stop female foeticide.
Why does female foeticide take place?
These heinous killings of the girl child are advocated mainly on two grounds. One of them is the preference culture. Many scholars believe that female foeticide takes place because of the preference of a male child. They are preferred because they provide manual labor, are the bread earners of the family and succeed the family lineage. The selective abortion of a female child is most common in the areas where cultural norm values a male child over a female child. In a family, son is always considered as an “asset” and daughter, a “liability.”
The second reason is the financial burden. In India, it is considered that having a daughter is a great financial burden. A huge amount of money has to be spent on a daughter’s marriage. Sometimes people have to mortgage their property or even have to sell it for a daughter’s marriage. They sometimes have to take loans that are paid even by the future generations. Due to this reason, a daughter is considered as a financial burden which not many want to bear.
Consequences of female foeticide
As the Newton’s Third Law of Motion states, ‘for every action, there is an equal and opposite reaction’, the after effects of this genocide are fatal and have long term effect. It is a disaster that many have unwittingly invited in everybody’s life. Repercussions of female foeticide are long-term and disastrous in nature. Some of them are-
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Skewed Sex Ratio
In India, the number of girls per 1000 boys is reducing with each passing decade. From 962 and 945 girls for every 1000 boys in the years 1981 and 1991 respectively, the sex ratio had plunged to an all-time low of 927 girls for 1000 boys in 2001.[1]
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Female/Women Trafficking
The sharp decline in the number of girls makes them sparse for the increasing number of eligible males for marriage. Due to this reason, illegal trafficking of women has become prevalent in many regions. Women, often young girls who’ve just hit puberty, are forced to marry for a price settled by the groom to be. They are normally bought from neighboring areas, where the number of girls might not be as minuscule as the host region. Child marriages have become a rage and child pregnancies, a disastrous consequence.
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Increase in Rape and Assault
Once women become an imperiled species, it is only a matter of time before the cases of rape, assault and violence become common. Due to the decline in availability of females, the surviving ones are faced with the reality of handling a society driven by a testosterone high. The legal system might offer protection, but many cases might not even surface because of the fear of desolation and humiliation on the girl’s part.
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Population Decline
With no mothers or wombs to bear a child (male or female), there would be fewer births, leading to a rapid reduction in the country’s population. Though a control in population is the goal of many nations like China and India, a total wipe-out of one sex is certainly not the way to achieve this goal.
Laws that makes female foeticide illegal
Due to all these causes and implications of female foeticide, many laws have been passed from time-to-time to control this menace.
India passed its first abortion-related law in 1971, the so-called Medical Termination of Pregnancy Act, which made abortion legit in almost all states of the country, but it was particularly made for the cases of medical risk to the mother and child conceived by rape. The law had also established physicians who could legally perform the abortion in the said scenarios. But the government had not considered the possibility of female foeticide based on technological advances. Due to this reason, this law proved to be highly ineffective.
During the 1980’s, sex screening technologies in India was easily accessible to the common people. Due to this reason, a large number of reports started pouring in about the abuse of the sex screening technologies. Considering this problem, the Government passed the Pre-natal Diagnostic Techniques Act (PNDT) in 1994. This law was again amended due to various reasons, and it finally became Pre-Conception and Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) (PCPNDT) Act in 2004. Its main goal was prevention and punishment of prenatal sex screening and female foeticide.
Implementation of the Law
Many important changes were made in the PCPNDT Act, 2004. It brought ultrasound and amniocentesis under its ambit. It also led to the empowerment of the Central Supervisory Board and the formation of State Level Supervisory Board. The rules, regulations, and punishments are made more stringent.
Despite all these changes, it has been said that the implementation of this act has turned into a farce. It has been nearly two decades since the law came into force and despite this, not many changes have taken place in the society. Despite rulings given by the Supreme Court and various High Courts to make the existing law an impediment, the courts have shown their hesitancy in sending the offenders off to jail. The convicts in many cases have been let off only by a mere warning by the judge which has led to a mass negative reaction from the legal fraternity as well as social and academic activists. Lawyers and activists have unanimously demanded stringent punishment for the guilty while also fixing the accountability of the competent authorities handling the cases of sex detection[2].
Conclusion
Through many mediums, awareness about female foeticide is being spread throughout the nation. Let it be plays, soap operas, mass awareness programs, ads, endorsement by various celebrities, Beti Bachao campaign, rallies, posters, etc. Everyone is trying to spread the message everywhere. Despite all these efforts, the sex ratio of our country is not improving.
According to the 2011 Census, there are approximately 110 boys behind 100 girls. This shows that we have wrecked the sex ratio of our country. We can blame the government, the NGO’s or the society as a whole for all we like but till the time the common man does not understand the value of a girl child, this problem will not be solved. The people of this country need to understand that every action has a reaction. Due to rampant female foeticide, the demand for girls for marriage has increased in the whole country. Due to this reason, flesh trade has increased. In one way or the other, it is the female who suffers. We need to understand the importance of a female. After all, they constitute one-half of the society. They should be given the same preference and respect which a male gets in the society.
Footnotes:
[1]http://www.allresearchjournal.com/archives/2015/vol1issue6/PartC/1-6-20.1.pdf
[2]http://indiatoday.intoday.in/story/law-to-curb-female-foeticide-turns-into-farce-pndt-act/1/455255.html
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