Abstract: Female foeticide is the act of killing a female foetus. Despite the fact that it has been illegal in India this is a significant social issue and has cultural ties to the dowry system, which is deeply ingrained in Indian culture. In contrast to Western culture, there is a strong preference for sons over daughters in India. Differential contraception is used to plan pregnancies based on the number of sons who survive, regardless of the size of the family. Abortion of female foetuses is referred to as female foeticide. Following conception, foetal sex is determined by prenatal diagnostic techniques. Amniocentesis is one of such techniques for sex determination, here in this article we are going to discuss its legal validity and try to focus on the problems which it eventually leads to that is female foeticide. We are going to discuss what are the laws and provisions that has been violated by this test and why even after having all these laws the intentional killing of girl child still continues and what are the rightful solutions to stop this horrible practice of female foeticide which is done after determination of sex of foetus through Amniocentesis Test.
INTRODUCTION
Amniocentesis is the aspiration of amniotic fluid from the amniotic cavity and is the most common invasive fetal testing procedure. Amniocentesis is an invasive technique. It is usually performed to diagnose or exclude fetal aneuploidy or other fetal genetic, biochemical or infectious risks.[1]Prenatal diagnosis enables the diagnosis of a broad spectrum of chromosomal abnormalities, gene disorders, X-linked conditions, neural tube defects, and infections to be made before the birth of the fetus. Indian culture and traditions is considered as most diverse in world but there are certain deep-rooted customs exist in Indian society that is disgrace to the country these are dowry, male dominance, female infanticide and female foeticide. The last one is the gift of technological advancement in medical field. Female foeticide or feticide is newest and the earliest forms of discrimination against female members of society. Based on Indian patriarchal ideals, sex-selective abortions and female feticide are practised. From a cultural perspective, Indian males carry on the family name to perpetuate the family legacy[2].There are various medical procedures for prenatal sex determination and Amniocentesis test is one of such processes. The Amniocentesis test is first step towards the crime of Female Foeticide.
SOME INCIDENTS OF AMNIOCNETESIS TEST FOR PRE-NATAL SELECTIVE ABORTION
- On April 24, 2023, the local police in Mangli Nichhi, Haryana, detained three people, two of whom were women, for allegedly operating an unlicensed sex-determination clinic within a residential structure. The PC PNDT Act’s sections 3-A, 3-B, 23, and 25 as well as the Prevention of Corruption Act have been utilised to charge the defendants. Following a raid at the ultrasonography facility by district family welfare official Dr. Harpreet Singh and his team, arrests were made. A portable ultrasound unit being used to determine the sex of the unborn child was also taken from the structure.The location where the accused were allegedly operating an unlawful sex selection centre was reportedly raided by health inspectors.
- One of the centres was operating in Cuttack, Odisha, in the Friends Colony neighbourhood. After receiving a tip on this situation, the Health and Family Welfare Department of the Government of Odisha carried out a raid. A home in Cuttack’s Friends Colony neighbourhood served as the headquarters for the illicit clinic. The clinic reportedly assisted clients in determining the gender of the foetus. Three defendants, including a father-and-son team, have cases filed against them under the relevant sections of the PCPNDT Act.
- A team of the officials of the health department have busted an inter-district sex-determination racket in Karnal and two persons have been arrested in this connection, police said. Sex-determination racket busted,The arrested accused have been identified as Ved Parkash of Balahi village of Kurukshetra and Vedvati, a resident of Shiv Colony in Karnal district of Chandigarh.
TOOL OF DISCRIMINATION BEFORE THE BIRTH OF FEMALE
The amniocentesis test is major cause of female feticide in our country or anywhere in the world. It is the earliest forms of discriminations against the female members of the Society as it causes discrimination in such a way that they are killed even before their death. The other forms of discrimination against women like dowry or other forms cause discrimination at a later stage. The feticide is most cruel form of discrimination apart from all other discrimination against the women. In Voluntary health association of Punjab v Union of India,[3] the then Chief justice of India Dipak Mishra Observed that “All Involved in female foeticide deliberately forget to realize that when a fetus of a girl is destroyed a women of future is crucified” No mother in this world will ever try to kill his child whether it is male or female. The major pressure due to which she has to consent for destruction of foetus come from family. the main driver of female foeticide is the settlement framework in our general public. Various young ladies are killed inside the belly because of dread of endowment by numerous unfortunate class families. They are stressed over giving the settlement during the marriage of their young ladies, which needy individuals can’t manage. Young ladies are considered as monetary commitment by many guardians. They consider that cash spend on a young lady will be complete waste as she will go to her in-regulation’s home after the marriage. As per Hindu’s folklore, birth of a kid is considered as way to paradise. Being caught in such customary thoughts the young ladies are executed before their introduction to the world The other main driver of female foeticide is ascend in the expansion. Because of ascend in expansion guardians think multiple times prior to bringing forth a young lady kid. They stress over the teaching and wedding their daughter. The progression in innovation is the significant reason for female foeticide. These days parent decides the sex of a youngster before birth and kill in the event that not as per their decision. Defilement is one more central point in the ascent of female foeticide. A portion of the specialists do this grievous demonstration to satisfy their cash want.
AMNIOCENTESIS TEST VIOLATES FUNDAMENTAL RIGHTS UNDER PART-III OF CONSTITUTION OF INDIA
Our constitution under Article 14 provides for Right to equality[4]and under Article 21 provides for Right to life and Personal Liberty[5] though it was not interpreted in any judicial decision till now but common understanding of law gives an indication that the Amniocentesis test for sex determination violates both of these rights. The legal status of fetus is in doubt as it is not cleared by the Supreme Court Of India. But if take into account some of the laws enforce in our country then we will find out that many laws recognize the Child in Womb or Fetus. For instance, under Transfer of Property Act, 1882 the property can be transferred to child in womb.[6] We can say that the status of feticide impliedly recognized under laws prevailing in the country.
PRE-NATAL AND PRECONCEPTION DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION) ACT, 1994- REALIZATION OF PROBLEM BY CENTRAL GOVERNMENT
In 1990s there due to excessive female feticide and female infanticide in northern and western states of country there were mass and strong protests to curb the evils of female feticide and infanticide. The Maharashtra became the first state to ban pre-natal sex selection through Maharashtra regulation of Pre natal Diagnostic act, Later on, the central government passed the Pre Conception and Pre Natal Diagnostics techniques(Regulation and Prevention)Act, 1994. This Act Imposed complete ban on amniocentesis and other tests for the purpose of Sex determination. In Centre for inquiry into the Health and Allied themes v Union Of India[7], the Supreme Court of India issued guidelines for effective implementation of PCPNDT Act, 1994 through Public Awareness.
PROVISIONS IN INDIAN PENAL CODE 1860 (ACT 45 OF 1860) PROHIBITING AND PUNISHING SUCH KINDS OF TESTS
Section 312 to section 316 of Indian Penal Code 1860 punishes for causing death and miscarriage of unborn child in womb. The gravity of punishments under these section differs as per the growth of child in womb, Consent of mother and other factors. But nothwithstanding all of these laws the intentional killing of a girl child still continued in our society and became a brain worm of society eating the minds of those commiting the crime of female feticide.
PRAGMATIC APPROACH TOWARDS SOLVING THE PROBLEM
The problem is more prevalent in orthodox families. The only solution to this problem is changing the thought process through public awareness among such families or parts of society. If this method fails the we can simultaneously opt for making harsh laws punishing the offenders with deterrent punishment. To stop these horrible practices of female feticide and female infanticide the coordinated efforts of the medical councils, medical professionals, doctors, women organisations, media etc is required. I think that Health Professionals in our country should stick to their ethics and use these tests like Amniocentesis, Ultrasound etc. only for the benefit of child and not for such evil purposes like female foeticide. The country demands reforms in the Indian stale mentality of “Superior Men” and this change can only be brought through coordinated efforts. It is a stigma in our culture that these kinds of evils exist in the country where we worship hundred’s of goddesses. It is the time we should realise this bitter truth and make our society an egalitarian in spirit.
[1] Aditi Jindal, Medhavi Sharma, Palak V. Karena, Chitra Chaudhary, Amniocentesis Test, National Library Of Medicine, September 9, 2022, from https://www.ncbi.nlm.nih.gov/books/NBK559247/.
[2] Vaze, Sonia, Unnatural selection: Female Foeticide In India, The Public Health Advocate Journal, printed 2021,from https://pha.berkeley.edu/2021/04/10/un-natural-selection-female-feticide-in-india/.
[3] Writ petition (Civil) No 575 of 2014.
[4] Article 14 of The Constitution of India.
[5] Article 21 of The Constitution of India.
[6] Section 13 of The Transfer of Property Act, 1882.
[7] Civil Writ Petition 343 of 2001.
1 Comment
This site is fabulous. The radiant material shows the publisher’s enthusiasm. I’m dumbfounded and envision more such astonishing material.