SYMBIOSIS LAW SCHOOL, PUNE

1st YEAR LLB 2023-2026 – SEMESTER 1 (2023)

2ND INTERNAL ASSESSMENT
“DEVELOPMENT LAWYERING PRACTICE”

TOPIC – COMPARATIVE STUDY OF FEMALE INFANTICIDE

IN PUNJAB AND OTHER STATES

Name – Muskan Jain

Course – LLB (H.)
PRN No. – 23010122003
Batch – 2023 -2026

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INTRODUCTION

Female infanticide is the intentional killing of female infants shortly after birth. It is a
manifestation of gender-based discrimination and a severe violation of the right to life and
gender equality.

This practice often occurs in societies where there is a strong preference for male offspring
due to cultural, economic, or social factors. The reasons behind female infanticide are
complex and multifaceted, encompassing factors such as dowry-related concerns, inheritance
patterns, and the perceived economic burden of raising a girl child. In such societies, male
children are often considered more valuable, while female children are seen as liabilities.

Female infanticide perpetuates gender imbalances and perpetuates a cycle of gender-based

violence and discrimination. It has significant societal and demographic repercussions,
leading to skewed sex ratios and creating long-term imbalances within communities.

Efforts to combat female infanticide include legal measures, educational initiatives,

awareness campaigns, and socio-economic programs aimed at changing cultural attitudes and
highlighting the inherent value of every child, regardless of gender. Nevertheless, addressing
this practice remains a pressing concern in many parts of the world, underscoring the need for
ongoing efforts to protect the lives and rights of female infants.

COMPARATIVE STUDY BETWEEN PUNJAB AND JHARKHAND

Female infanticide is the intentional death of a female child, generally when she is very
young. It is a severe societal issue that has been practiced for centuries in many areas of the
world. Female infanticide is very common in certain Indian states, such as Punjab and
Jharkhand.

The Root Causes of Female Infanticide in both the states:

In Punjab and Jharkhand, the core reasons of female infanticide are complicated and varied.
However, some of the major root reasons are as follows:

1. Patriarchy is a social organization system in which males are dominant and women
are inferior. Women are frequently viewed as inferior to males in patriarchal settings.
This can lead to a preference for male offspring, who are perceived to be more
important.
2. Dowry system: The dowry system is a practice in which the bride's family pays the
groom's family a sum of money at the time of marriage. The amount of dowry

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provided might be quite large, creating a financial strain for many families. This
might lead to a preference for sons, who are thought to be able to manage a larger
dowry.

3. Poverty can lead to a preference for male offspring, as males are seen to be more
likely to offer financial support for their parents in their old age.

4. Gender inequality: In both Punjab and Jharkhand, gender inequality is a major issue.
Women in these states frequently have fewer chances than males and face
discrimination. This can result in a preference for male offspring, who are perceived
to be more likely to accomplish in life.

PUNJAB

 Motivation: Desire for a male child

 Factors: Strong cultural emphasis on patrilineality, dowry system
 Sex ratio: 895 girls for every 1,000 boys (2011 Census of India)

In Punjab, female infanticide is frequently driven by a desire for a male child. This is because
males are generally seen as more significant than daughters. Sons are required to uphold the
family name and possessions, whereas girls are considered a financial burden.

A variety of variables contribute to the desire for male offspring in Punjab. The significant
societal focus on patrilineality is one cause. In Punjab, having a son to carry on the family
name and property is significant. Sons are also expected to help their parents financially in
their old age.

The dowry system is another element that adds to the preference for male offspring in Punjab.
Dowry is a payment made to the groom's family by the bride's family at the time of marriage.
The amount of dowry provided might be quite large, creating a financial strain for many
families. As a result, many Punjabi families desire to have sons because they believe men
would be able to give a greater dowry.

Female infanticide is frequently committed in secret in Punjab, making it impossible to

determine the real number of instances. However, according to research conducted by the
United Nations Children's Fund (UNICEF), the gender ratio in Punjab is one of the most
skewed in India, with 895 girls for every 1,000 males.

The legal framework

The legal framework of Punjab, India, plays an important role in resolving a variety of social,
cultural, and economic challenges, including female infanticide. Female infanticide is a
gender-based crime in Punjab, and the legal system has evolved to prevent it and safeguard

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the rights of female infants. This gives Punjab's legal structure, a focus on laws and policies
concerning female infanticide.

Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994: 1

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act,
1994, is an important component of Punjab's legislative framework against female
infanticide. This legislation prohibits abortions based on sexual preference and requires the
licensing of prenatal diagnostic procedures to guarantee that they are not used to determine
gender. It bans medical professionals from disclosing the fetus's gender to the parents, as well
as from performing any technique to identify the fetus's gender.

Punjab, like all other Indian states, strictly executes this federal law. Medical facilities and
practitioners are examined on a regular basis to verify compliance. This act demonstrates the
Indian legal system's dedication to addressing the issue at its foundation by focusing on the
prenatal stage, when decisions concerning the survival of the female child are frequently
made.
Punjab P.C. & P.N.D.T. (Prohibition of Sex Selection) Rules, 1996:2

In addition to the federal regulations, the Punjab P.C. & P.N.D.T. (Prohibition of Sex
Selection) Rules, 1996 govern the province. These rules outline how the state will execute the
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act.
They describe the inspection methods and paperwork required by medical establishments.

These regulations underline the state's commitment to upholding federal law and preventing
gender-based abortions and sex-selective procedures within its boundaries. The role of
Punjab in implementing and enforcing these regulations is critical to the legislative
framework's efficacy.

Amendments to Criminal Laws:

Punjab has also made considerable changes to its penal laws in order to address female
infanticide and sex discrimination. The purpose of these revisions is to raise the punishment
for individuals who commit the offense. Harsher penalties for gender-based abortions are
meant to prevent the practice and guarantee that the legal repercussions are harsh enough to
prevent persons from engaging in such actions.

These legislative provisions demonstrate Punjab's proactive approach to reducing female

infanticide, as well as conveying a clear message that gender-based crimes would not be
allowed.

1
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
2
Punjab P.C. & P.N.D.T. (Prohibition of Sex Selection) Rules, 1996

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Government Initiatives:

Complementary to the legal framework, government initiatives and programs play a vital role
in addressing female infanticide. Punjab's "Save the Girl Child" initiative and other
awareness campaigns aim to educate the public about the importance of the girl child and the
legal ramifications of female infanticide. Through media campaigns, community
involvement, and educational programs, Punjab counters entrenched gender biases.

Encouraged by financial incentives, scholarships, and other benefits, government schemes

incentivize families to invest in their daughters' education and well-being, addressing
economic factors underlying female infanticide.

Punjab's well-rounded and effective legal framework against female infanticide includes
federal and state laws, criminal law amendments, and government initiatives. These
measures, coupled with awareness campaigns and socio-economic incentives, reflect Punjab's
commitment to combating female infanticide and protecting the rights of female children.
However, their effectiveness ultimately depends on effective enforcement and broader
societal changes.

JHARKHAND

 Motivation: Poverty
 Factors: Strong cultural belief that daughters are a burden on the family, dowry
system
 Sex ratio: 948 girls for every 1,000 boys (2011 Census of India)

Poverty is a common motive for female infanticide in Jharkhand. Many Jharkhand

households cannot afford to raise many daughters. Furthermore, it is often held that girls are a
burden on the family since they must be married off with a dowry.

In Jharkhand, poverty is a serious issue. Many Jharkhand households live below the poverty
line and struggle to satisfy their basic requirements. As a result, many families find it difficult
to raise numerous girls.

Furthermore, in Jharkhand, there is a strong cultural attitude that girls are a burden on the
family. Daughters are expected to marry off with a dowry, which may be a significant
financial burden for families. As a result, many Jharkhand households prefer to have boys
because they believe males are unlikely to desire a dowry.
Female infanticide is also frequently committed in secret in Jharkhand. However, according
to a National Human Rights Commission research, Jharkhand has one of the lowest sex ratios
in India, with 948 girls for every 1,000 males.

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LEGAL FRAMEWORK
Female infanticide is a serious problem in India, and the state of Jharkhand has
acknowledged the need for a strong legislative framework to fight it. Female infanticide, or
the intentional death of female newborns, is a heinous behaviour strongly founded in societal
conventions, economic motives, and gender prejudice. Jharkhand, like many other Indian
states, has made substantial legislative measures to prevent this practice and preserve female
children's lives.

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

Act, 1994
The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, is
a crucial federal law in India aimed at preventing sex-selective treatments, such as gender-based
abortions. The use of prenatal diagnostic procedures for sex determination is absolutely prohibited
under this statute, making gender-based abortion unlawful. The Act also sets harsh penalties on
individuals who violate its terms.

The execution of this Act in Jharkhand is critical in addressing the core causes of female infanticide
since it directly addresses the gender-discrimination factor by outlawing prenatal sex determination.
The state government has taken an active role in monitoring and implementing this law, ensuring that
the terms are followed in medical institutions.

2. Criminal Law Amendments

Jharkhand has also made considerable changes to its criminal laws in order to raise the
punishment for female infanticide and other similar practices. These revisions are intended to
serve as a deterrence to those contemplating or participating in such horrific actions. The
state seeks to send a strong statement about its commitment to preserving the lives of female
newborns by imposing harsher sanctions and legal repercussions.

3. Initiatives and Programs of the Government

In addition to legislative measures, the Jharkhand government has launched a number of
initiatives and efforts to eliminate female infanticide, including:
Save the Girl Child, Educate the Girl Child (Beti Bachao, Beti Padhao): This central
government-launched nationwide project is being actively implemented in Jharkhand. Its
primary goals are to combat gender-based discrimination and to promote the education and
welfare of girls. The initiative promotes female child education through mass media
advertising, community participation, and financial assistance. It targets the core causes of
female infanticide by enhancing women's and girls' social and economic standing.

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Jharkhand has also launched state-specific campaigns to promote the worth of the girl child
and raise awareness about the effects of female infanticide. These programs frequently entail
community involvement as well as the involvement of local leaders and influencers.

4. Legal Awareness and Application

The legislative framework in Jharkhand addressing female infanticide is only as effective as
its execution. The state government has worked with local governments, healthcare
institutions, and non-governmental organizations to improve awareness about existing laws
and the repercussions of breaking them. Medical facilities are inspected on a regular basis to
guarantee compliance with the Pre-Conception and Pre-Natal Diagnostic Techniques Act.

5. Ethical Points to Consider

The implementation of these legislative measures must adhere to the highest ethical
standards. During investigations and judicial proceedings, it is critical to protect persons'
rights and dignity, especially pregnant women. Ethical issues also include providing families
with assistance, counselling, and education in order to shift views and reduce the desire for
gender-based abortions.

Comparison
While female infanticide is a major problem in both Punjab and Jharkhand, the two states
differ significantly. Female infanticide is frequently driven by a desire for a male child in
Punjab, but it is frequently motivated by poverty in Jharkhand. Furthermore, the gender ratio
in Punjab is more unbalanced than the gender ratio in Jharkhand.

Possible Reasons for the Difference in Motivation:

One probable explanation for the disparity in motivation for female infanticide in Punjab and
Jharkhand is the two states' differing cultural standards and values. In Punjab, there is a high
cultural focus on patrilineality, which means that having a son to carry on the family name
and property is essential. Sons are also expected to help their parents financially in their old
age. In contrast, there is a strong cultural attitude in Jharkhand that girls are a burden on the
family since they must be married off with a dowry. The dowry system may be a significant
financial burden for families, and many families in Jharkhand prefer to have sons because
they believe men would not inherit the dowry system.
Potential Reasons of the Sex Ratio Difference:
Another probable explanation for the disparity in sex ratios between Punjab and Jharkhand is
the two states' varying degrees of poverty. Punjab is a comparatively prosperous state,
whereas Jharkhand is a severely impoverished one. Poverty may lead to female infanticide

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because families cannot afford to rear many daughters. Furthermore, it is widely held in
Jharkhand that sons are more likely to be able to offer financial assistance to their parents in
their old age. This notion may lead to a preference for male offspring, contributing to
Jharkhand's skewed sex ratio.

WAYS TO STOP FEMALE INFANTICIDE IN THESE STATES

Punjab and Jharkhand can jointly undertake a range of initiatives centred on policy changes,
education, and awareness raising to tackle the problem of female infanticide. The distinct
cultural and socioeconomic settings of each state may dictate different tactics, but generally
speaking, both governments should take into account the following:

1. Awareness and Education:

- Encourage education, particularly for females, to boost their prospects and worth.
- Start awareness programmes emphasising the value of gender equality and women's and
girls' rights.
- Collaborate to host workshops and seminars on gender sensitivity in conjunction with
NGOs, community leaders, and local organisations.

2. Reinforcing Legal Frameworks:

Laws against female infanticide and sex-selective behaviour should be enforced and
strengthened.
- Regularly check ultrasound clinics to make sure they're not used for illicit sex
determination.
- Strictly penalise anyone engaged in sex-selective behaviour or female infanticide.

3. Promotion of Economic Empowerment:

- Encourage women to pursue possibilities that generate revenue in order to increase their
level of financial independence.
- Offer programmes for skill development and vocational training to assist women in
obtaining jobs.

4. Health-Related Initiatives:
-Maintaining access to high-quality healthcare, encompassing prenatal and maternal care, is
crucial in promoting safe childbirth and lowering the rate of maternal death.

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- Offer guidance and assistance to guardians and families who could be at danger of
committing female infanticide.

5. Incentives and Support:

- Provide monetary rewards or advantages, including conditional cash transfer schemes, to
families who rear girls.
- Create support systems so that families and expectant mothers can go to for advice and
help.

6. Enhancing the Execution of Government Programmes:

- Assure the efficient execution of government programmes aimed at improving the
wellbeing of women and children.
- Track and analyse the results of these initiatives to determine their efficacy.

7. Community Involvement:
- Motivate influential members of the community to actively support gender equality and
oppose harmful behaviours.
- Create community-led support networks to recognise and address incidents of female
infanticide.

8. Media and Technology:

- Spread messages supporting gender equality and denouncing female infanticide using mass
media, such as radio, television, and social media.
- Report and follow incidents of female infanticide and sex-selective behaviour using
technology and the internet.

9. Study and Information Gathering:

- Provide financial support and study on the frequency and reasons behind female
infanticide in particular areas.
- Adapt treatments to local contexts based on study findings.

10. International Collaboration:

- Look for assistance and cooperation from global agencies and organisations that focus on
welfare of kids and gender issues.

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- Strategies for addressing the particular obstacles and cultural elements that lead to female
infanticide in each state, such as those implemented in Punjab and Jharkhand, should be
context-specific. Furthermore, to guarantee the effective execution of these policies, these
states must actively collaborate with regional communities and organisations.

BIBLIOGRAPHY
1. TIMES OF INDIA,
https://economictimes.indiatimes.com/opinion/et-commentary/households-are-better-
off-than-ever-but-female-foeticide-continues-unabated/articleshow/88193488.cms

2. UNFPA Publication, Census 2011: Governing Populations and the Girl Child
https://www.unfpa.org/sites/default/files/resource-pdf/UNFPA_Publication-39866.pdf

3. Press Information Bureau, Government of India

Ministry of Health and Family Welfare, Decline in Child Sex Ratio
https://pib.gov.in/newsite/printrelease.aspx?relid=103437
4. National Institute of Health(gov.), Stopping female feticide in India: the failure and
unintended consequence of ultrasound
restriction ,https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5441446/

5. UN women, Dying to live: the gender dimension of child mortality in India

https://www.unwomen.org/en/news/stories/2014/3/the-gender-dimensions-of-child-
mortality-in-india

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