Gender-Based Violence in India: An Analysis of Female Infanticide and Foeticide

Dr. Aruna Kumari,

Assistant Professor,
Department of Sociology,
Faculty of Social Sciences,
BHU

Abstract:

Female infanticide and foeticide in India refer to the intentional killing of female

infants or fetuses, usually because of the preference for male children in Indian society. These

practices are illegal and are considered gender-based violence, but they still occur in some

parts of the country. The presented paper discusses the issue of female foeticide and

infanticide in today's society. With the advent of sex selection techniques, female foeticide

has become more prevalent While the law is an essential tool for addressing this social

problem. Here the paper is an attempt to understand problem through sociological perspective

and discuss the legal aid related to it and loopholes of them.

Keywords: Female foeticide, Infanticide, Sex Ratio, India, Socio-Cultural, Legal-Aid,

Loopholes

Introduction:

Historically, the preference for male children in India has been driven by a variety of

factors, including the belief that males are more capable of providing for the family,

performing religious rites, and carrying on the family name. This preference has led to the

practice of female infanticide, where female infants are killed shortly after birth, and female

foeticide, where female fetuses are aborted because of their sex.

In 2012, the popular Bollywood actor Amir Khan aired the first episode of his acclaimed

television series, ‘Satyamev Jayate’, titled 'Daughters are Precious'. 1 This episode focused

specifically on the issue of female foeticide and used a consciousness-raising approach to

generate public dialogue. It featured live interviews, a studio audience, and pre-recorded case

studies from various parts of India to highlight the deep-rooted and widespread nature of

female foeticide and its multifaceted outcomes. Despite being a populist programme aired on

prime- time television, this episode of Satyamev Jayate operates within a domain like female

foeticide. This is constituted not just by state power or legalistic frameworks but also includes

public, private and popular discourses – multiple circuits of disciplinary power –which shape

a broader domain of disciplinary power (Purenwal, 2014). Female foeticide, or the

termination of female-identified foetuses during pregnancy, is closely associated with a

societal desire for male children and consequent unfavourable sex ratios towards females in

contemporary India (Patel, 2010).

Female foeticide and infanticide are terrible social evils prevailing in many countries of the

world at some stage of their civilization or another. The forms which it took, and the motives

which led to this crime varied as much with circumstances, as with the habits and character

of the people amongst whom it was found to exist (Sharma & Koradia, 2013). This evil is the

outcome of poverty, illiteracy, male domination and gender discrimination. Girl children are

undesirable in many regions of the world. No doubt, if this practice continues it will disturb

the social balance and it may lead it to serious problems like increase in sexual offences,

sharing of women within and outside wedlock and greater insecurity to women. (Patro &

Xavier, 2014).

1
The episode was watched for the presented paper purpose though the youtube link https://www.youtube.com/watch?v=u1vASMbEEQc
Some Statistics- State-wise sex ratio:

State-wise sex ratio are essential in understanding the correct situation about female

infanticide and foeticide in India. The sex ratio is the number of females per 1000 males in a

population. A low sex ratio can indicate the presence of female infanticide, foeticide, and

other gender-based violence.

The sex ratio in India refers to the number of females per 1000 males in the population.

According to the 2011 Census of India, the sex ratio in India was 943 females for every 1000

males. This ratio varies significantly between states, with some states having a much lower

ratio of females to males, indicating a higher incidence of sex-selective practices like female

foeticide and infanticide. The skewed sex ratio in India is a cause of concern and has led to

efforts to address the underlying cultural and social factors that contribute to this trend.

Table:1, on following page, is of state-wise sex ratio in India provides information on the

number of females per 1000 males in each state. This data can indicate the prevalence of sex-

selective practices like female foeticide and infanticide in different parts of the country, as

states with a lower sex ratio may have a higher incidence of such practices. The table can also

help policymakers and researchers understand the regional variations in gender equity and

identify areas where interventions are needed to improve the status of women and girls.

This information can guide policymakers and health authorities in developing and

implementing targeted interventions and policies to address the issue effectively.

Overall, state-wise sex ratio statistics provide crucial insights into the prevalence and impact

of female infanticide and foeticide in India. By monitoring these trends, policymakers can

take effective action to address this issue and promote gender equality.
Sex ratio of the Indian states and Union Territories as per census 2011

State/UT Name of state or Union Sex Ratio (as per

Rank Territory Census 2011)
1. Kerala 1084
2. Puducherry 1038
3. Tamil Nadu 995
4. Andhra Pradesh 992
5. Chhattisgarh 991
6. Manipur 987
7. Meghalaya 986
8. Odisha 978
9. Mizoram 975
10. Himachal Pradesh 974
11. Karnataka 968
12. Goa 968
13. Uttrakhand 963
14. Tripura 961
15. Assam 954
16. Jharkhand 947
17. West Bengal 947
18. Lakshadweep 946
19. Nagaland 931
20. Madhya Pradesh 930
21. Rajasthan 926
22. Maharashtra 925
23. Arunachal Pradesh 920
24. Gujarat 918
25. Bihar 916
26. Uttar Pradesh 908
27. Punjab 893
28. Sikkim 889
29. Jammu& Kashmir 883
30. Andaman & Nicobar islands 878
31. Haryana 877
32. NCT of Delhi 866
33. Chandigarh 818
34. Dadra and Nagar Haveli 775
35. Daman and Diu 618
India 943
Table 1, Sex ratio of the Indian states and Union Territories as per census 2011.2

2
Source of the Table: https://www.jagranjosh.com/general-knowledge/sex-ratio-of-indian-states-uts-as-per-
census-2011-1476090323-1
Understanding female infanticide and foeticide in India through a sociological lens:

Understanding female infanticide and foeticide in India through a sociological lens requires

analyzing the cultural, economic, and social factors that contribute to these practices.

Cultural factors play a significant role in perpetuating female infanticide and foeticide. In

many parts of India, the birth of a son is celebrated, and sons are seen as a source of pride and

security for the family. In contrast, daughters are often considered a burden, as they require a

dowry to be married off. This cultural bias against daughters leads some families to choose

female foeticide, while others opt for female infanticide.

Economic factors also contribute to the prevalence of female infanticide and foeticide. In

many rural areas of India, agriculture is the primary source of income, and having a son to

help with farming activities is crucial. Additionally, the cost of a dowry can be prohibitively

high for many families, leading them to favor male children.

Social factors, such as the pressure to conform to societal norms and expectations, also play

a role in perpetuating these practices. The stigma attached to having a female child and the

fear of social exclusion can drive some families to resort to female infanticide or foeticide.

Some crucial social factors are mentioned below:

Potential pensions: In many societies, parents depend on their children to look after them in

their old age. But in many of these cultures, a girl leaves her parental family and joins her

husband’s family when she marries. The result is that parents with sons gain extra resources

for their old age, when their sons marry, while parents with daughters lose their ‘potential

pensions’ when their daughters marry and move away (Jena, 2014).

Dowry: It is well beyond the capacity of many families to afford, especially in rural areas.

People don’t want to have such financial burdens like loans, debts etc. Preference for the

male
child is because a male in the family is tradition ally considered to be a source of money,

source of respect, source of name and fame (Pakrasi, 2016).

Socio-cultural factors: The practice is more in urban areas than in rural areas; upper class

people practice it more as compared to the lower class. It is a common belief that males are

the carriers of family name; family occupation. Males perform the last rites of their dead

parents. Males are the bread winners and at the same time people believe that the females

have no role to play in family name, occupation and last rites. This mind set, even after the

society and its culture is changing, is continuing (Patro & Xavier, 2014).

Fear of social exclusion is another social factor that drives some families to practice female

infanticide or foeticide. In many communities, the birth of a male child is celebrated, while

the birth of a female child is not. The pressure to conform to these societal expectations can

drive families to choose to eliminate female children, as they fear social exclusion if they do

not comply with these norms.

Overall, social factors, such as cultural norms, stigma, and fear of social exclusion,

contribute to the prevalence of female infanticide and foeticide in India. Addressing these

social factors is crucial to eliminating these harmful practices and promoting gender equality.

Legal aids to control female infanticide and foeticide in India:

Legal aids play a crucial role in controlling female infanticide and foeticide in India by

providing a legal framework to prohibit these practices and punish those who engage in them.

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)

Act, 1994 (PCPNDT Act) is a landmark legislation in India that prohibits prenatal sex

determination and regulates the use of technologies that facilitate prenatal sex determination.
The Act also provides for the establishment of regulatory bodies and penalties for violators.

The law has been amended over the years to strengthen its provisions and expand its scope to

cover newer technologies.

Medical Termination of Pregnancy Act, 1971 provides grounds when a pregnancy may be

terminated by registered medical practitioner. Such medical practitioner has to form opinion

whether the grounds actually exists or not. These grounds ensure that the abortion is allowed

only when there is danger to the safety of child or of mother or when there is some mental

trauma associated with the pregnancy. Any abortion carried out in violation of this act attracts

imprisonment and fine. Thus this Act provides mechanism for monitoring abortion and

prohibiting illegal abortion, eventually helping in controlling female infanticide.

The Indian Penal Code (IPC) also provides for penalties for female infanticide and

foeticide under sections 315 and 316 respectively. The punishments include imprisonment

and fines.

In addition to these laws, various government initiatives and schemes have been launched to

promote the value of girl children, provide support to families with girl children, and improve

the status of women in society.

Other legislations indirectly affecting socio-economic conditions of women

Indian Constitution guarantees Equal rights to individuals irrespective of their gender and

many legislations have been passed to give effect to this right. These legislations seek to

improve condition of women in society, which is pertinent to curb the evil of female

foeticide.

Laws Providing:

Right to Property

Hindu Succession Act, 1956 gives Right of property to Hindu daughters which was

earlier denied. Amendment in the year 2005 and various judicial pronouncements have
 now placed Hindu daughter in equal footing to that of a son in respect of property rights.

Similarly Indian Succession Act, 1925 gives equal rights of succession to both male and

female heirs of a deceased person who is not a Hindu, Muhammadan, Budhhist, Sikh or

Jain domiciled in India.

Right to Work

In order to improve working conditions for women legislature has drafted Sexual

Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

giving legislative acknowledgement to the Supreme Court judgment of Vishakha V. State

of Rajasthan,1997. The Act seeks to prevent and punish for sexual harassment against

women at workplace.

The Maternity Benefit Act, 1961 makes it mandatory for employers to grant maternity

relief to concerned women employees. The Act provides leave to women employee

during their pregnancy and after delivery for certain period and also provides monetary

benefit during that period. Similarly, Equal Remuneration Act, 1976 ensure that men and

women are paid equally for the same work.

Right to maintenance

Various personal laws viz. Hindu Marriage Act 1955, Muslim Women (Protection of

Rights on Divorce) Act, 1986 provide maintenance right married and divorced women.

Apart from the personal laws S.125 of Criminal Procedure Code also provides right of

maintenance which women of any religion can avail.

Laws against gender based violence

Legislature has made several laws as corrective measure to free the society from the evil of

crime against women. Laws like Dowry Prohibition Act, 1961, Protection of Women from

Domestic Violence Act, 2005,Commission of Sati (Prevention) Act, 1987, seek to remove ill

practices against the women which exist in the society. Other important laws which protect
women from gender based violence are Indian Penal Code,1860, Prevention of Children from

Sexual Offences Act,2012 Immoral Traffic (Prevention) Act, 1956, Indecent Representation

of Women (Prohibition) Act, 1986 etc.

Legal aids are critical in controlling female infanticide and foeticide in India as they

provide a legal framework to prohibit and punish these practices. They also work to improve

socio economic conditions of women to some extent. However, it is important to note that

legal aids alone may not be sufficient to address the root causes of these practices.

Addressing social, cultural, and economic factors that contribute to the problem is

equally important in eliminating these harmful practices and promoting gender equality.

Addressing the Loopholes in legal Aids

Despite the existence of legal aids to control female infanticide and foeticide in India, there

are still several loopholes that need to be addressed. Some of these loopholes are:

Implementation challenges: The implementation of these laws is often weak due to

corruption, lack of political will, and inadequate enforcement machinery. The regulatory

bodies
established under the PCPNDT Act have not been effective in monitoring the use of sex

determination technologies and penalizing violators.

Societal attitudes: Societal attitudes towards women and girl children continue to be a major

challenge in controlling female infanticide and foeticide. The preference for sons over

daughters is deeply ingrained in Indian society, and this bias often leads to the neglect and

discrimination of girl children.

Technology advancements: With the advancements in technology, new methods of sex

selection have emerged, such as sperm sorting and embryo screening, which are not covered

under the PCPNDT Act. This has created a loophole that is being exploited by those who

want to determine the sex of the child before birth.

Lack of awareness: Many people in rural areas and among the lower socio-economic groups

are not aware of the existence of these laws and their implications. This lack of awareness

makes it easier for violators to engage in these practices.

Inadequate punishment: The punishments prescribed under the laws are often not stringent

enough to act as a deterrent for those who engage in these practices. The fines are relatively

low, and imprisonment sentences are often not long enough to discourage the violators.

Addressing these loopholes requires a concerted effort by the government, civil

society organizations, and individuals to create awareness, improve implementation, and

strengthen the legal framework. It is only by addressing these challenges that we can hope to

eliminate the scourge of female infanticide and foeticide in India.

Final Words:

The devaluation of female foeticide and infanticide is not solely due to economic

considerations but is also influenced by socio-cultural factors, such as the belief that having a
son is essential for extending the family line, providing protection and security to the family,

and performing religious rituals for salvation. Such beliefs are more common in orthodox

families. However, there are various measures being taken to eradicate this problem from

society.

There should be simple methods of complaint registration, accessible to the poorest and most

vulnerable women. There should be regular assessment of indicators of status of women in

society, such as sex ratio, and female mortality, literacy, and economic participation. There

are strengthening of women's rights and ensuring strict implementation of existing

legislations. To ensures the development of and access to good health care services. There

should be strong ethical code of conduct among medical professionals, beginning with their

training as undergraduates. There should be set up fast track courts added by female judge

for quicker disposal of the cases. The capital punishment must be awarded to the convicted

person for this heinous crime (Kumari & Kajal, 2014).

The eradication of entrenched attitudes and behaviors against women and girls can only be

achieved through a combination of monitoring, education campaigns, and effective legal

enforcement. To address female foeticide and improve the sex ratio, the government should

implement a comprehensive approach that includes legislative measures, advocacy, and

awareness-raising programs aimed at empowering women socio-economically.

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