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Feb 23, 2005

Do U Know- Female Foeticide, Infanticide laws

In India, the child sex ratio (0-6 age group) which was 945 in 1991, decreased to 927 girls for every 1000 boys in 2001.

The 0-6 sex ratio was 976 in 1961, it declined to 964 in 1971, 962 in 1981 and 945 in 1991 and 927 in 2001.
In Punjab, the child sex ratio declined from 875 to 793 (a decrease of 82 points), in Haryana from 879 to 820 (59 points) in Himachal Pradesh from 951 to 897 (54 points), in Gujarat from 928 to 878 (50 points), in Chandigarh from 899 to 845 (54 points) and in Delhi from 915 to 865 (50 points).

This sharp decline in the states must be the consequence of female foeticide on a massive scale if not female infanticide and higher female child mortality rates.

The punishment for female foeticide and infanticide for the parties involved _________ and related laws _________.
Technical words not required. Gist will do.


In 1976, the Centre banned sex-determination tests in government facilities but not in the private ones

In 1988, Maharashtra Government enacted the Regulation of the Use of Prenatal Diagnostic Techniques Act. Following this, the governments of Punjab, Gujarat and Haryana passed similar laws.

In 1994, the Centre passed the Prenatal Techniques (Regulation and Prevention of Misuse) Act covering the entire country.
On January 1, 1996, the law came into operation. Under the Act, pre-natal diagnostic scans are permitted solely to detect genetic abnormalities. The Act forbids sex determination tests. It also prohibits any advertisements relating to Pre-natal determination of sex and prescribes punishments for its contravention. The person who contravenes the provisions of this Act is punishable with imprisonment upto five years and fine upto Rs.50,000

In 2001, a PIL was filed with the Supreme Court. The Court directed the State Governments to enforce the PNDT Act and file an affidavit indicating the status of action taken under the Act. It also directed nine companies to provide details of ultrasound machines (11,200) sold to clinics in the last five years. It asked medical associations such as the Indian Medical Association to furnish details of the members using the machines.

Only in 2002, eight years after the PNDT Act was passed, that the Medical Council of India (MCI) -- authorised under Section 23 (2) of the Act to take action against any erring medical practitioner -- recognised undertaking sex-determination tests 'with the intent to terminate the life of a female foetus' as professional misconduct. According to the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, published in the Gazette of India on April 6, 2002, sex-determination without 'proper indication' can lead to de-registration and criminal prosecution.
The MCI code of conduct, while recognising sex-determination as a punishable offence, allows a huge leeway, since it is only sex-determination 'with the intent to terminate the life of a female foetus' (who will question the doctor's intention?) and sex-determination 'without proper' indication that is unacceptable. There is already enough evidence to show that doctors are getting around these regulations, as well as the letter of the law prohibiting the communication of the sex of the foetus.

Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 2003
Bringing into the ambit of the Act emerging techniques for pre-conception sex-selection, such as sperm separation and pre-implantation 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. Manufacturers of ultrasound equipment are now required to sell their products only to registered clinics, and all ultrasonographers now have to maintain records of all tests conducted by them.


Female Infanticide is treated as homicide under IPC.

To my knowledge,none in the medical community have been convicted for assisting in female foeticide. Not able to access data at the moment on those in non-medical community convicted under the Act.There have many cases of people being convicted for female infanticide (the punishment term has varied no fixed period of imprisonment).

Since the topic is big, will write a seperate post on it.

The answer was partly given by Wgaf,Busybee,Idiot,Quetzal,max,Mausmi.

6 comments:

  1. very informative.
    The heinous crime is not just committed in villages where women have no say, the murderers are also upper class urban women. There is a strong need to make more and more people aware of the consequences of this crime.
    http://purvabhatia.blogspot.com/2007/06/death-in-womb-female-foeticide-part-2.html

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  2. purvabhatia, yeah as i mentioned in another post, the figures for richer parts of Delhi, for eg was really shocking..

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  3. I ,Shweta, , got married to Ravi Khurana on 28th November 2004. Sir, our engagement was held in March 2004. The day after my engagement my sister in law Dr Arti sent me an SMS saying that she hates me and I should not sent her any photos of my engagement. I was confused, as I had hardly interacted with her. I asked my husband about why she hates me. He just said that she is depressed.
    During courtship, I tried many times to win her over, but I was always snubbed down. My mother in law also snubbed me down many times. My father suffered a heart attack in May 2004, due to which despite their abuses I could not break the engagement.
    On the third day after my marriage, my mother in law told me that they never liked me, but they agreed to this match only and only because Ravi`s age was increasing and no other match was agreeing to him.
    During the period that followed our marriage, I was kept under total house arrest. After I came back from hospital (where I was working), I was not even allowed to go to the local market. My husband used to totally ignore me. In addition, whenever he used to talk to me, it used to be to shout at me for some or other reason. In the meantime, my mother in law started demanding a Honda city car, a flat in Rajouri, and a permanent place in my father’s clinic for my husband. My husband frequently asked me what has he got from marrying me. Then they would have given much more to their daughter in dowry.
    When ever my husband used to abuse me , my mother in law would tell me that I should silently listen to all abuses because I was a women, and in their house women don’t speak. She also never allowed me to sit with my husband saying that men are allowed to come to their wives only in the night.
    I became pregnant in Jan2005. abuses on me by my husband and my mother in law increased. I was put on strict bed rest. Therefore, the refrigerator was shifted downstairs so that I was dependent even for water or food.
    Than we came to know that I am carrying twin babies. Then my mother in law started demanding sex determination. They got that done by force. Then they started demanding that I get an M.T.P. my mother in law asked me many times to at least get one child killed in utero. I was kept without food and water. When I developed bleeding and threatened abortion, I was not even allowed to call up my parents for medical help. Thrice they tried to kill me or at least get me aborted after which my father brought me back to my parent’s home.
    My husband would frequently fight with me even in my parents house and despite the fact that I ha been put on complete bed rest and was not to be given any mental tension. He demanded D.N.A test because his mother had told him that some priest had told them that he would be father of one son only. As I am carrying two daughters, they cannot be his children.
    Despite all this tensions, I delivered two pre term daughters on 11/08/2005. Right after my delivery my husband and in laws left, the hospital and my in laws never visited me for full 9 days. Then my sister in laws Arti & Poonam, my mother in law, and my father in law came to visit me. One of my aunts congratulated my sisters in law. They said “God forbid, we ever become bhuas of girls again” .my mother in law said “Anyway, they are born in seventh month so they are not going to survive anyway”.
    My mother in law threw down my 4-month-old daughter from the staircase. They never showed any love or affection towards them. They have been rejected totally by their grandparents, aunts.
    My sister in law Archana still abuses me whenever I try to go to my in laws house. She has been sending me abusive e mails . She has told her parents to stop giving me food when I come home. So again, I am staying in my parent’s house. My husband comes sometimes to meet the children, and I think he is developing some affection towards them. I think He can be a good father if he is away from all influences. However, he is totally under his mother and sisters control. He does only what they say. He has never lifted his voice against the injustice being done to his wife and children. He has never tried that his parents and sisters accept my children and me.
    Sir, I received a call on my residence telephone, at around 5; 30 p.m on 30th October 2007. The caller said - “aapko apne bachon ki zindagi se pyar nahin hai kya , aap khurana sahib se pange kyun le rahe ho” and then kept down the phone.
    Sir, my husband has been saying since last four days (i.e. before the call) that he is having an intuition that there is threat of kidnapping to our daughters.
    Sir, this is the third threatening call which I have received in the last three years(since my marriage) last one was received on 29th November 2006, in which the caller threatened I and my daughters will be killed if I continue the relationship with my husband(Ravi Khurana).
    Sir, also last month, while I was waiting for my driver in front of district centre, a white santro had come, taken my picture, and sped off before I could react. I have notified to Janak Puri police station about all the calls and about this incidence of taking my photographs. The same day, my husband (who had not been yet told about this incident) said, “I am having an intuition that one of us is going to be kidnapped and if I get kidnapped nobody will pay even rs 25, but if you get kidnapped lakhs of rs will be paid”.
    My case has been registered in Crime against Women Cell, However, my sister in law Dr Arti, and mother in law are still making it difficult for me to return to my in laws or live peacefully with my daughters.
    Sir, there has been a constant threat to my daughters right from the time before their birth, when my in laws had got sex determination done , and tried there best to get me aborted. Even after their birth, they have not been accepted or shown any love by their paternal grandparents or their paternal aunts. However, throughout I have been trying that my daughters get their father, and that they are accepted by their grandparents.
    Sir, we have given the F.I.R. to S.H.O Rajouri. We had been called by S.H.O. on5/11/07. My husband was also called. In front of the police inspector, my husband stated that I am torturing him, and am not living with him. In addition, am in fact making him go to women cell. Sir, in all my complaint I have just asked for counseling and that no action should be taken against the guilty. I want to make my marriage for sake of my two daughters.
    Sir, yesterday S.H.O. has asked me to take a separate house with my husband and live with him. But because he is under total control of his mother and sisters. My daughters and I may be killed any day. I am going to take a separate residence with my husband, as advised by S.H.O. Rajouri. But if anything happens to my two daughters or me (though they may make it seem like and accident or a natural death)
    (names changed to protect guilty)

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  4. shweta,i dont really think that you should stay away from your parents.things can be very complicated.incase you plan to stay separately with your husband,there will be moments when you would be alone with your daughters & anything can happen to you all (god forbid).atleat right noe you have some sort of protection.since you know your husband's thinking isnt going to change till he stays with his parents,the only option available for you & your family is that you should sneak out of the city.your in laws will never let you live peacefully.i know this will be a very old step,i.e.,living seperatly on your own but i guess this can only make you live with all the solitude & peace that you require.do not inform your in laws where you are heading to.you can ofcourse take help of your relatives. the safest thing for you is stay out of all the issues.your in laws will screw your life big time.

    you have already seen what they have done.they'll never even think once before causing you or your children any harm.its your duty to save them.god gives such challenges to only those who can undertake it.good luck.. think over my reply.muster up some courage.

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  5. "names changed to protect guilty"??

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  6. The names were changed to protect the victims....
    Please visit mitukhurana.wordpress.com.

    Please sign the petition against Gendercide in India. Please give those 40 million girls silenced forever, a voice. Please forward this to as many friends as possible.

    http://www.ipetitions.com/petition/a-mothers-fight-to-save-her-daughters/

    http://gendercide.epetitions.net/

    After you sign the petition, there will be a request from the site for a donation. This donation is totally discretionary and does not in any way or form affect or benefit Dr Mitu Khurana.

    ReplyDelete

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