FEMALE FOETICIDE: UNDER THE

PRE-CONCEPTION AND PRE-NATAL

DIAGNOSTIC TECHNIQUES ACT,
1994
SUBMITTED TO
PROF.T.RAMAKRISHNA

UNDER THE SUPERVISION OF

MS.ANURADHA SAIBABA
SUBMITTED BY
KUMUD MALVIYA
ID-477
L.L-M 1st YEAR

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY

TABLE OF CONTENT

 RESEARCH METHODOLOGY
 INTRODUCTION
 WHAT IS FEMALE FOETICIDE
 WHAT IS PNDT
 WHAT WAS THE NEED FOR SUCH AN ACT
 CONTITUTIONALITY OF THE ACT
 CONDITION FOR THE USE OF PNDT
 CHARACTERISTICS OF THE ACT
 FEMALE FOETICIDE: SOCIAL CULTURAL
SCENARIO
 CONCLUSION & SUGGESTION
 STATEMENT OF THE PROBLEM-There is a need to ascertain as to
what is the defect in this Act due to which it is not effectively working thereby
causing a rapid decline in the female child ratio.

Aim and Objective- To find out the defects in the act and some
further suggest the remedies to make the Act effective.

Scope and Limitation- This presentation deals with the discussion to

determine the effect and certainty of the PC and PNDT Act, 1994 to curb the
problem of female foeticide.

Research Question- 1. What is the defect in PCPNDT ACT, 1994?

2. What is the factor behind female foeticide problem?

3. What is the judicial trend on female foeticide?

4. What is the provision if it conducted on line by sending sample for

the determination of sex to the person or clinic outside to India?

Hypothesis- Although The PC and PNDT Act contains effective

provision and if implemented accordingly it is enough to control female
foeticide but there is lack of will power on the part of the government in
implementing it.

Sources- The student has depended on the secondary sources and

also on primary sources.

Mode of Citation- A uniform method of citation is followed through

the paper.
 INTODUCTION- Female foeticide in India is a grave problem. Despite
being in 21st century the mindset towards the girl child is unchanged. After
realising the seriousness of the problem an Act named The Pre-Natal
Diagnostic Techniques [Regulation and Prevention of Misuse] Act, 1994 and
The Pre-Natal Diagnostic Techniques [Regulation and Prevention of Misuse]
Rules, 1996 was introduced in the Parliament. After considerable amendments, this
Act was called Pre-Conception and Pre-Natal Diagnostic Techniques [Prohibition of
Sex Selection] Act, 1994. But as per census 2011 the female child ratio declined to 914
on per 1000 which showed the failure of this Act.
 What is Female Foeticide?
“Killing of foetus after determination the sex in mother womb.”

Determination of sex of the child in womb of the mother with the

intention to abort the foetus in case of it was a girl child is termed as female
foeticide.

Abortion after the selection of the sex of the foetus depicts the
preferential treatment that is given to a male. This is generally observed in
those areas where females are treated to be inferior in society.

The Pre-Conception and Pre- Natal Diagnostic Techniques

[Prohibition of Sex Selection] Act, 1994
The women have been subjected to bias for a very long time. They have
been denied rights or it can be said considerable enjoyment of rights has not
been there for them over centuries.

Shah, J in a case observed that “It is an admitted fact that in Indian

society, discrimination against girl child still prevails, may be because of
prevailing uncontrolled dowry system despite the Dowry Prohibition Act, as
there is no change in the mindset or also because of insufficient education and
tradition of women confined to household activities.”

With reference to all these situations and to control the increasing rate of
female foeticide the government passed the PC and PNDT Act, 1994.
 What is Pre-Natal Diagnostic Techniques?
In Literal sense it means use of the diagnostic techniques before the
birth of a child on a pregnant woman for the purpose of determining of sex of
the foetus.

What was the need for such an Act?

Medical Technologies have played a crucial role in reinforcing negative
patriarchal system that demands male heirs. In fact development in the
technologies of sex selection techniques has a direct relation to the declining
juvenile sex ratio in our country. Amniocentesis was first introduced in India in
1975 by the AIIMS for detecting congenital deformities in the foetus. But it was
largely misused to determine the sex of the unborn child and to carry out sex
selective abortion. To regulate and prevent misuse in detection of sex, the PC
and PNDT [Prohibition of sex selection] Act was enacted in 1994.1

Constitutionality of the Act

Female foeticide is against the fundamental right to equality and
freedom from gender based biased under the Indian Constitution.

In the case Vinod Soni and another v. Union of India2 the appellant
challenged the constitutional validity of the PC and PNDT Act, 1994 and said
that it is against the Art.14 and 21. The court held that the Right under the Art.
21 cannot include right to selection of sex whether pre-conception or post-
conception. The art.21 is now said to govern and hold that it is a right of every
child to full development .The enactment namely PC and PNDT Act, 1994 is
factually enacted to further their right under art.21 which give to every child
right to full development. A child conceived is therefore entitled to under
art.21 as held by the SC, to full development whatever be the sex of that child.
The determination, whether at pre conception stage or otherwise is denial of a

1
Pndt.gov.in/writereaddata/mainlinkfile/file54. Last visited at 7/09/11
2
pndt.gov.in/writereaddata/mainlinkfile/file43. Last visited at 5/09/11
 child, the right to expansion, or if it can be so expanded right to come into
existence.3

In the case Allied Themes [CEHAT] And others v. Union of India4 the
petitioner prayed inter alia that as the Pre-natal diagnostic techniques
contravene the provisions of the PNDT Act, 1994 the Central government and
the State government be directed to implement the provisions of the PNDT Act

[a.] by appointing appropriate authorities at State and District levels

and the Advisory committees;

[b.] the Central government are directed to ensure that Central

Supervisory Board meets every 6 months as provided under the PNDT Act; and

[c.] for banning of all advertisements of pre natal sex selection including
all other sex determination techniques which can be abused to selectively
produce only boys either before or during pregnancy5.

After filing of this petition, notices were issued and thereafter various
orders from time to time passed to see that the Act is effectively implemented.

Condition for the use of Pre-Natal Diagnostic Techniques

1. Chromosomal Abnormalities;
2. Genetic Metabolic Diseases;
3. Haenoglobinopathies;
4. Sex-linked genetic diseases;
5. Congenital anomalies ;
6. Any other abnormalities or diseases as may be specified by the
Central Supervisory Board.

Section 4[2] of the Act provides for those circumstances under which the pre-
natal diagnostic may be done. Other than this exception all other activities would
come under the ambit of an offence and shall be punishable under this Act.

Characteristics of the Act

 Prohibition of sex-selection before and after conception. [sec-

3A]

3
Id.
4
[2003]
5
Pndt.gov.in/writeraddata/mainlinkfile/file44. Last visited at 5/09/11
  Regulation of pre-Natal Diagnostic Techniques for detecting of
genetic or other abnormalities, by restricting their use to
registered institution. [sec-4]
 Prohibition of advertisement of the technology for the purpose
of determining sex and punishment therefore. [sec-22]
 Prohibition on sale of ultrasound machines. [sec-3B]
 Enhanced punishment for re-contravention of the Act.

Demerits of the Act

The Act presumes circumstances which may be considered for
detection of the sex of the foetus. But there are some defects such as

 What is the provision if the pre-natal diagnostic techniques are

used by providing online service?
 Due to certain procedural difficulties certain illegitimate acts
which contemplate use of pre-natal diagnostic techniques
cannot be detected.

Consequences of the Act [failure]

The below mentioned provisional census of 2011 depicts detoriation in
the sex ratio. Thus it can be envisaged that the Act has failed to achieve its
target as there has been no improvement in sex ratio but rather the condition
has worsened than before.

CHILD SEX RATIO FROM 1961 TO 2011 0-6 AGE GROUP

Year Sex - Ratio

 1961-----------------------------------------976/1000
 1971-----------------------------------------964/1000
 1981-----------------------------------------962/1000
 1991-----------------------------------------945/1000
 2001-----------------------------------------927/1000
  2011-----------------------------------------914/10006

According to the above chart it become clear that after passing of the
Act there has been no improvement in the situation rather it become worse in
comparison to the previous year. The sex ratio which was 976 per 1000 male
child in 1961 declined to the 927 in 2001 and as per provisional census report
of 2011, it is 914 on per 1000 male child. It thus becomes clear that the Act has
failed to curb the problem of female foeticide.

Female Foeticide: Social-cultural Scenario

 Preference for son

 Patriarchal structure of family
 Dowry system
 Religious superstitious
The child sex ratio of 914 does clear that social and religious believes
has dominated the Indian societies. The superstitious that son will carry the
family name forward. A son does not have to be married off with the dowry,
he will grow up to be the broad winner and support his family. This entire
factor prevents to grow up the mind and create difficulties in implementing the
laws concerned.

CONCLUSION AND SUGGESTION

6
Sources: India Census Report of Respective Years
 Legal provision for bringing the online facilities conducting to
detect the sex of the foetus either pre-conception or post-
conception under the ambit of the Act by which this Act may
become effective.
 Women empowerment may be the solution of the problem.
Empowerment of women would make them less dependent and
she would not be a burden on the family. Empowerment would
enable her to fight with the negative social norms of marriage
and life.
 Educating the masses would solve the problem and it would
lead to a widening of thoughts. There should be awareness
programme for people and public debate on this.
 There need a co-relation between laws relating or supplement
to each other.
 Dowry prohibition Act should be implemented effectively.
 Reaching the masses through religious/spiritual leaders keeping
in mind the vast multitudes that India’s religious and spirituals
leaders reach out to get them involved in spreading awareness
on the issue of sex selection.
 Working with the Media and Entertainment Industry.