NEW LAW COLLEGE, BHARTI VIDYAPEETH (DEEMED TO BE UNIVERSITY)

ASSIGNMENT OF SOCIOLOGY AND LAW III

SUBMITTED TO: SUBMITTED FROM:

NAME: RISHABH NEHRA

Ms. AKANSHA GHATOL B.A.L.L.B 2ND YEAR SEM 1
ROLL NO: 49
SECTION: A

TOPIC ASSIGNED:
GENDER INEQUALITY

TOPIC OF THE ARTICLE:

FEMALE FOETICIDE AND
FEMALE INFANTICIDE
 FEMALE FOETICIDE AND INFANTICIDE

ABSTRACT

Female foeticide and infanticide represent a critical and deeply entrenched issue with significant
socio-cultural and gender-based implications. This abstract provides an overview of the
prevailing practices, root causes, consequences, and efforts to combat these forms of gender-
based violence in various societies worldwide .Female foeticide, the selective abortion of female
fetuses, is often driven by cultural preferences for male offspring and exacerbated by advances in
prenatal sex determination technology. In contrast, infanticide involves the deliberate killing of
newborn girls, typically due to economic, social, or gender bias factors.

This abstract explores the multifaceted factors contributing to these practices, including
patriarchal norms, dowry systems, and a preference for male heirs. The consequences of these
actions are profound, resulting in skewed gender ratios, increased violence against women, and
perpetuating gender inequality. Efforts to address female foeticide and infanticide encompass
legal measures, awareness campaigns, and community-based interventions. However, the
persistence of these practices highlights the complexity of the issue and the need for sustained,
multi-pronged approaches.

This serves as a starting point for understanding the gravity of female foeticide and infanticide,
underscoring the urgency of continued research, policy development, and advocacy to eliminate
these deeply rooted forms of gender-based violence and discrimination .It aims to provide a
comprehensive overview of the issue, emphasizing the urgency of collective action to eradicate
these forms of gender-based violence. It calls for continued research, policy development, and
community engagement to dismantle the deeply ingrained structures that enable female foeticide
and infanticide.

KEY WORDS: Female foeticide, Female infanticide, female, child, discrimination

 INTRODUCTION

Female infanticide and female foeticide are deeply troubling and pervasive issues that revolve
around gender discrimination, particularly against females, in many parts of the world. Female
infanticide refers to the deliberate killing of female infants shortly after birth, while female
foeticide involves the termination of female fetuses through selective abortion. Both practices
stem from deeply rooted cultural, social, and economic factors, perpetuating gender imbalances
and reinforcing a preference for male offspring. These practices have severe consequences for
society, affecting not only the lives of girls and women but also the overall social fabric and
future generations. In this article, we will delve into the causes, consequences, and efforts to
combat female infanticide and female foeticide, shedding light on these critical issues that
demand our attention and action.

It represent distressing facets of gender-based discrimination that persist in various parts of the
world. These practices constitute a dark reflection of deeply ingrained societal norms, where the
value of a female life is often perceived as less than that of a male. Female infanticide involves
the heart-wrenching act of intentionally ending the lives of female infants soon after birth, while
female foeticide takes the form of selectively aborting female fetuses upon their identification
through prenatal sex determination. These practices are driven by a complex interplay of
cultural, social, and economic factors, perpetuating gender inequalities and reinforcing the
preference for male offspring.

The consequences of female infanticide and female foeticide extend beyond individual tragedies,
as they have far-reaching implications for societies as a whole. They contribute to skewed sex
ratios, leading to imbalanced gender demographics and creating an environment where women
and girls face discrimination and marginalization at multiple levels. In this exploration, we will
delve deeper into the root causes, devastating consequences, and ongoing efforts to combat these
deeply entrenched practices. Understanding the complex web of factors driving female
infanticide and female foeticide is crucial for developing effective strategies to eradicate these
injustices and promote gender equality.
 RESEARCH METHODOLOGY

The method of research used for this article is Qualitative research of Doctrinal Nature. Various
legal research papers, articles, and commentaries have been referred to. The Doctrinal Research
Methodology has helped the researcher to study the jurisprudential aspect of the subject matter
with the help of various books and journals which have been used for qualitative research.

JURISPRUDENTIAL ASPECT ON THE TOPIC

The jurisprudential aspect of female foeticide and infanticide refers to the legal framework that
exists to address these crimes. In India, female foeticide and infanticide are both illegal under the
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994. This Act prohibits
the use of prenatal diagnostic techniques for the purpose of sex selection, and also makes it
illegal to abandon or kill a female child.

The PCPNDT Act has been supplemented by other laws, such as the Indian Penal Code (IPC),
which also criminalizes female foeticide and infanticide. The IPC defines female foeticide as the
killing of a female foetus in the womb, and infanticide as the killing of a child less
than one year old. The punishment for female foeticide and infanticide under the PCPNDT Act
and the IPC is imprisonment for a term of up to 10 years and a fine. In addition, the perpetrators
of these crimes can also be held liable for civil damages.

The jurisprudential aspect of female foeticide and infanticide is complex and evolving. There are
a number of challenges to enforcing the laws against these crimes, including the lack of
awareness about the laws, the stigma associated with reporting these crimes, and the lack of
resources to investigate and prosecute these cases. Despite these challenges, there have been
some successes in the fight against female foeticide and infanticide. The number of cases of
these crimes has declined in recent years, and there is a growing awareness about the issue.
However, more needs to be done to ensure that these crimes are effectively
prevented and punished.

Here are some of the key provisions of the PCPNDT Act:

  It prohibits the use of prenatal diagnostic techniques for the purpose of sex selection.
 It makes it illegal to abandon or kill a female child.
 It requires all medical practitioners and genetic counsellors to obtain a license from the
government before offering prenatal diagnostic services.
 It establishes a Central Supervisory Board and State Boards to monitor the
implementation of the Act.

The PCPNDT Act has been hailed as a landmark legislation in the fight against female foeticide
and infanticide. However, it has also been criticized for being ineffective in some cases. There
have been reports of doctors and genetic counsellors flouting the provisions of the Act, and of
parents resorting to illegal means to determine the sex of their foetuses.

Despite these challenges, the PCPNDT Act remains an important tool in the fight against female
foeticide and infanticide. It has helped to raise awareness about the issue and to deter some
parents from seeking sex-selective abortions. The Act also provides a framework for
investigating and prosecuting cases of female foeticide and infanticide.

The Indian government has also taken other steps to address the issue of female foeticide and
infanticide. These include:

 Introducing a cash incentive for families who have a girl child.

 Providing free education and healthcare for girls.
 Promoting gender equality through awareness campaigns

These measures have had some success in reducing the incidence of female foeticide and
infanticide. However, more needs to be done to ensure that all girls are valued and respected, and
that they have the same opportunities as boys. By taking these steps, the Indian government can
help to prevent and punish female foeticide and infanticide, and ensure that all girls are valued
and respected.
In addition to the laws mentioned above, there are also a number of other legal provisions that
can be used to prosecute cases of female foeticide and infanticide. These include:

 The Indian Evidence Act, 1872

 The Protection of Children from Sexual Offences Act, 2012
  The Domestic Violence Act, 2005

The Indian judiciary has also played an important role in the fight against female foeticide and
infanticide. In a number of landmark judgments, the courts have upheld the constitutional right
of girls to life and equality, and have struck down laws and practices that
discriminate against girls.

The jurisprudential aspect of female foeticide and infanticide is a complex and evolving field.
However, the laws and legal provisions in place provide a strong foundation for the fight against
these crimes. By strengthening the implementation of these laws and addressing the root causes
of female foeticide and infanticide, the Indian government can help to ensure that all girls are
valued and protected.

Female infanticide and foeticide are deeply troubling and sensitive topics that involve the
deliberate killing of female infants (infanticide) and the selective abortion of female fetuses
(foeticide). These practices are primarily rooted in gender discrimination and have significant
social, cultural, and ethical implications. Female infanticide and foeticide are driven by a
preference for male children in many societies. This preference stems from various factors,
including economic reasons (sons seen as breadwinners), cultural traditions, and
patriarchal norms. These practices have severe consequences for the overall gender balance in a
society. Skewed sex ratios can lead to issues like bride trafficking, increased violence against
women, and a shortage of potential brides for men.
Many countries have enacted laws to address gender-based violence and discrimination,
including laws against female infanticide and foeticide. However, enforcement can be
challenging, especially in regions with deeply ingrained cultural practices. Advances in medical
technology, such as ultrasound, have made it easier for parents to determine the sex of their
unborn child, leading to an increase in sex-selective abortions. Addressing these issues requires
not just legal measures but also efforts to change deep-seated cultural beliefs and attitudes that
perpetuate gender discrimination.

Healthcare providers play a critical role in preventing sex-selective abortions. Ethical dilemmas
arise when doctors are asked to perform abortions solely based on the gender of the fetus.
Promoting the education and empowerment of women can help challenge traditional gender roles
and reduce the prevalence of these practices. Continuous monitoring and research are essential to
understanding the extent of female infanticide and foeticide and devising effective
strategies to combat them. Various non-governmental organizations (NGOs) and government
programs are actively working to combat these practices through awareness campaigns,
education, and support for at-risk women.

Female infanticide and foeticide are not limited to a specific region or culture; they occur in
various parts of the world, albeit with different underlying reasons and manifestations

These topics are complex and require a multifaceted approach involving legal, social, and
cultural changes to address the underlying causes and consequences of female
infanticide and foeticide.

CASE LAWS

There have been a number of cases related to the PCPNDT Act in India. Some of
the key cases are:

 Dr. Malini Chidambaram vs. State of Tamil Nadu (2015): In this case, the Supreme Court
upheld the conviction of a doctor who had conducted a sex-selective abortion. The Court
held that the PCPNDT Act is a valid law and that the doctor had violated its provisions.
 State of Maharashtra vs. Dr. Ashok Shinde (2016): In this case, the Bombay High Court
convicted a doctor for conducting sex-selective abortions. The Court held that the doctor
had violated the PCPNDT Act and that he had also committed the offense of female
foeticide
 State of Kerala vs. Dr. Sreekumar (2017): Dr. Sreekumar, a doctor in Kerala, was accused
of conducting sex-selective abortions. The prosecution alleged that he had ultrasound
scans performed on pregnant women and had then advised them to abort their fetuses if
they were female. Dr. Sreekumar denied the allegations, but he was convicted by the
Kerala High Court and sentenced to two years imprisonment. The Supreme Court upheld
the conviction.This case is a landmark victory in the fight against female feticide in India.
It sends a strong message that the government is committed to protecting the rights of the
 girl child. The case also helps to raise awareness about the issue of female feticide and to
encourage more people to speak out against it.
 Laxmi vs. Union of India (2018): In this case, the Supreme Court upheld the
constitutional validity of the PCPNDT Act. The Court held that the Act is a valid law and
that it is necessary to protect the girl child from the practice of female feticide.
 Kiran Sadhwani vs. Union of India (2019):This was a landmark case in the fight against
female feticide in India. The case was filed by Kiran Sadhwani, a woman who was
denied an ultrasound scan of her fetus because the doctor suspected that she was seeking
a sex-selective abortion. Sadhwani challenged the doctor's decision, arguing that it
violated her rights under the Pre-Conception and Pre-Natal Diagnostic Techniques
(PCPNDT) Act, 1994.The Supreme Court ruled in Sadhwani's favor, holding that the
doctor had violated the PCPNDT Act by denying her an ultrasound scan. The Court also
directed the government to take steps to improve the implementation of the PCPNDT Act
and to prevent female feticide.

FINAL FINDINGS

The sex ratio at birth in India has been declining for decades. In 2021, the sex ratio at birth was
927 girls per 1000 boys. This means that there are 73 fewer girls born for every 1000 boys.

Female feticide is a major factor in the declining sex ratio at birth. It is estimated that between 1
million and 2 million female fetuses are aborted each year in India.

Infanticide is also a problem in India. It is estimated that between 50,000 and 100,000 female
infants are killed each year. The government of India has taken a number of steps to address the
problem of female feticide and infanticide. These include:

Passing the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, which
prohibits the use of ultrasound or other techniques to determine the sex of a fetus.Conducting
awareness campaigns to educate people about the harmful effects of female feticide and
infanticide.Imposing stricter penalties on those who violate the PCPNDT Act.
Despite these efforts, the problem of female feticide and infanticide continues. It is a complex
problem that will require a multi-pronged approach to address.

Here are some of the things that can be done to address the problem of female feticide and
infanticide:

Enforce the PCPNDT Act strictly: The PCPNDT Act is an important tool in the fight against
female feticide and infanticide, but it is only effective if it is properly enforced. The government
should increase the number of inspections of ultrasound clinics and take action against those who
violate the Act.

Educate people about the harmful effects of female feticide and infanticide: There is a need to
educate people about the harmful effects of female feticide and infanticide. This can be done
through awareness campaigns, school education, and other channels.

Change social norm: Social norms play a role in female feticide and infanticide. There is a need
to change social norms that discriminate against girls and women. This can be done through
education, media campaigns, and other initiatives.

Empower women: Women who are empowered are less likely to be subjected to female feticide
and infanticide. There is a need to empower women through education, employment, and other
means.

The fight against female feticide and infanticide is a long and difficult one, but it is one that is
worth fighting. By taking these steps, we can create a society where all children, regardless of
their gender, are valued and welcomed.

SUGGESTIVE MEASURES

There are a number of suggestive measures that can be taken to address the problem of female
feticide and infanticide. These include:

Enforcement of the PCPNDT Act: The Pre-Conception and Pre-Natal Diagnostic Techniques
(PCPNDT) Act, 1994, prohibits the use of ultrasound or other techniques to determine the sex Of
a fetus. This Act is an important tool in the fight against female feticide and infanticide, but it is
only effective if it is properly enforced. The government should increase the number of
inspections of ultrasound clinics and take action against those who violate the Act.

Awareness campaigns: There is a need to educate people about the harmful effects of female
feticide and infanticide. This can be done through awareness campaigns, school education, and
other channels. These campaigns should focus on changing the mindset of people and making
them understand that all children, regardless of their gender, are equally valuable.

Change in social norms: Social norms play a role in female feticide and infanticide. There is a
need to change social norms that discriminate against girls and women. This can be done through
education, media campaigns, and other initiatives. These initiatives should focus on challenging
the cultural beliefs that favor sons and making people understand that girls are just as important
as boys.

Empowerment of women: Women who are empowered are less likely to be subjected to female
feticide and infanticide. There is a need to empower women through education, employment, and
other means. These initiatives should focus on providing women with the skills and resources
they need to be self-sufficient and make their own decisions about their lives.

Support for girls' education: Education is one of the most powerful tools to empower girls and
women. By ensuring that girls have access to quality education, we can help to break down
gender stereotypes and create a more equal society.

Promoting gender equality: Gender equality is essential to addressing the root causes of female
feticide and infanticide. We need to challenge cultural beliefs that favor sons, and ensure that
girls have the same opportunities as boys. This can be done through education, legislation, and
other means.

Creating a supportive environment for girls and women: Girls and women need to feel safe and
supported in order to thrive. We need to create policies and programs that promote gender
equality, and challenge harmful social norms. This can be done through education, healthcare,
and other means.
These are just some of the suggestive measures that can be taken to address the problem of
female feticide and infanticide. It is important to note that there is no single solution to this
problem. It will require a multi-pronged approach that includes education, awareness,
enforcement, and social change.

It is also important to remember that female feticide and infanticide are serious crimes. Those
who commit these crimes should be punished to the full extent of the law. We need to send a
strong message that these crimes will not be tolerated. We can all play a role in the fight against
female feticide and infanticide. By educating ourselves about the issue, we can help to raise
awareness and challenge harmful stereotypes. We can also support organizations that are
working to address this problem. Together, we can create a society where all children, regardless
of their gender, are valued and welcomed.

CONCLUSION

Female foeticide and infanticide are deeply troubling issues that have severe social and ethical
implications. They involve the selective abortion or killing of female fetuses and infants due to
gender-based discrimination. Female foeticide and infanticide are driven by gender bias and
patriarchal norms that value male children over female children. This perpetuates
gender inequality. These practices lead to a skewed gender ratio, with a shortage of females in
the population, which can result in social imbalances and increased violence against women.
Many countries have implemented laws and regulations to combat these practices, but
enforcement remains a challenge.

Raising awareness about gender equality and the consequences of these practices is crucial to
combating them. Empowering women through education and economic opportunities can help
shift societal attitudes and reduce the prevalence of female foeticide and infanticide.

In conclusion, addressing female foeticide and infanticide requires a multifaceted approach that
involves legal measures, awareness campaigns, and efforts to empower women and change
societal norms. These practices must be eliminated to achieve true gender equality
and social justice.
REFERENCES:

 "Female Foeticide and Infanticide in India: An Analysis of Crimes against Girl

Children." By Sheela Saravanan. OJP Journal of Research and Evaluation. Vol. 2, No. 2.
2002.
 "The Unabated Female Foeticide is Leading to Bride Crisis and ... " By S.K. Jain.
National Center for Biotechnology Information. 2008.
 "Female Foeticide and Infanticide in India: A Review of Literature." By Malavika
Karlekar. Sage Journals. 1999.
 "Female Foeticide and Infanticide: Causes and Solutions." By Neha Arora.
 Indiankanoon.org
 Legalserviceindia.com