School of law

STRUCTURE OF INDIAN SOCIETY

DEATH BEFORE BIRTH
An overview on female foeticide

NAME: Spurthi G

ROLL NUMBER: 20231BAL0035

SUBJECT: Structure of Indian Society

COURSE: BALLB ( SEM 1)

SUBMITTED TO: Prof. Nidhi Kulkarni

Topic female feticide

What is female feticide?

Why is it practiced?

Where did it root from?

By whom is it practised?

What do they gain from such practise?

How often is it practised?

Are there any laws againt it?

What are the preventive measures for it?

How does it impact society as a whole?

Conclusion.
What is female foeticide?
Women who constitute half a human population have been discriminated, harassed and exploited
irrespective of the country to which they belong, unmindful of the religion which they profess
and oblivious of the timeframe in which they live. Everywhere women are confronted with many
challenges. Female foeticide is perhaps one of the worst forms of violence against women where
a woman is denied her most basic and fundamental right i.e “the right to life”. In basic terms
female foeticide is when a family through medical terms finds the sex of the fetus and if a female
then discards it.

The phenomenon of female foeticide in India is not new, where female embryos or foetuses are
selectively eliminated after pre-natal sex determination, thus eliminating girl child even before
they are born.

In Indian society, female foeticide has emerged as a burning social problem for the past years.
The girl child in India is treated right from her birth as an additional burden an extra mouth to
feed, a liability and another man’s property. The birth of a son is regarded as essential in
Hinduism and many prayers and lavish offerings are made in temples in the hope of having a
male child. Modern medical technology is used in the service of this religion driven devaluing of
women and girls. Woman is created par with man in all aspects. “Women have equal rights with
men upon earth; in religion and society they are a very important element. Divine Justice
demands that the rights of both sexes should be equally respected since neither is superior to the
other in the eyes of Heaven.” These authoritative statements from the Bahai’s writing are
regarded by Bahai’s as expressions of the Divine Will.

Amniocentesis is a prenatal procedure performed on a pregnant woman to withdraw a small

amount of amniotic fluid from the sac surrounding the fetus. The goal of amniocentesis is to
examine a small amount of this fluid to obtain information about the baby, including its sex, and
to detect physical abnormalities such as Down syndrome or spina bifida. Amniocentesis is only
performed on women thought to be at higher risk of delivering a child with a birth defect. This
procedure was banned in india in 1994 under the Pre-Conception and Pre—Natal Diagnostic
Techniques Act, which is an Act of the Parliament of India enacted to stop female foeticides and
arrest the declining sex ratio in India.
Why is Female foeticide practised?
The main reasons of why it is practised in india are:

1. Indian dowry system

Dowry is a part of the culture in india. In different religions it is named different but it is very
much present. Dowry is any kind of “gifts” that hold monetary value are given from the brides
family to the groom usually including money, gold and vehicles. The practise is very much
prevalent to the point where many groom families think they are entitled to such “gifts” which
increases thier demand for such “gifts” due to which many bride families who are not financially
well off rely on taking loans or selling off important property. Another trend in indian society
would be the very fact that ‘the higher a grooms salary the higher will be the demand in dowry’.

Due to dowry being such a prevelant practice many families that know they can not afford it
prefer not to have female children.

2. Gender discrimination

Women in India have historically been subjugated and treated as second class citizens, patriarchy
is soo deeply entrenched in the country that even today where women are free to go to work and
have jobs that can make them independent are psycological schalled to their male superiors
which is indoctrinated to them from their chilhood where the male kid is always given preferance
and given the works of importance

The tendency of this patricarchal society to look down on women leads to looking at them as
second class citizens and thinking of them as a burdend to the family so hence it leads to a higher
rate of fectocide if it is found out that the fetous is a girl

3. Lack of education

Many families in india commit the gruesome act of female fetus simply because they believe that
spending money on a girl-child is a waste of money as no matter how good eduction they
provide to her etc because she will get married and go to a different house so the fruit of her
education will not be enjoyed by the girls family.

4. Preference for son due to financial

In India, the deeply ingrained preference for sons often stems from cultural, societal, and
economic factors, with financial security being a significant driver. Families perceive sons as
providers and guardians in their old age, ensuring continuity of the family lineage and inheriting
property. This preference is exacerbated by the dowry system, where daughters are seen as
financial burdens due to the expectation of hefty dowries upon marriage.
How does this practice impact the society
The increase in the rate of female foeticide obviously leads to the decrease of female
population.it disrupts the natural gender balance, contributing to a skewed ratio of males to
females in the population. This imbalance can lead to various social repercussions, affecting
marriage dynamics, family structures, and community stability.

Moreover, female foeticide perpetuates and exacerbates gender inequality and discrimination in
Indian society. It reinforces detrimental stereotypes and attitudes towards women, perpetuating
their devaluation and limiting their opportunities in education, employment, and leadership
positions.

The pervasive consequences of female foeticide extend beyond individual families to broader
societal issues specific to India, including a decline in overall population growth, heightened
incidents of human trafficking and exploitation, and an increase in violence against women.
Furthermore, it fosters a culture of secrecy and concealment surrounding gender-based
discrimination, impeding efforts to effectively address and combat this entrenched societal
challenge.

Ultimately, the practice of female foeticide undermines the core principles of gender equality
and human rights, posing significant obstacles to social progress, development, and the well-
being of future generations in India. Addressing this issue necessitates comprehensive
interventions encompassing legal enforcement, community education, economic empowerment
of women, and transformative shifts in cultural norms and attitudes towards gender.

Also taking an Indian example, where in many parts of Haryana it has become hard for the
youth of marriageable age to find Bride as decades of practicing female foeticide in search of a
male heir has now rendered the unable to even get married, leading to an increase in sexual
violence again women

Where did the practise root from?

The practice of female foeticide in India can be traced back to a complex interplay of cultural,
social, and economic factors deeply entrenched in Indian society. One significant factor is the
preference for male children, rooted in patriarchal norms and traditions. Sons are often viewed
as valuable assets who will carry on the family lineage, inherit property, and provide financial
support in old age, while daughters are considered burdens due to the dowry system and the
belief that they will eventually marry into another family.

The dowry system, which requires the bride's family to provide substantial gifts or payments to
the groom's family at the time of marriage, also contributes to the devaluation of daughters and
the desire for sons. Families may see investing in a daughter's education or upbringing as
economically futile compared to investing in a son, who is perceived as a future breadwinner.

Additionally, there are deep-seated cultural norms surrounding gender roles and responsibilities
that prioritize male offspring. These norms are often reinforced through social customs, religious
beliefs, and traditional practices, further perpetuating the preference for sons over daughters.
Furthermore, advancements in medical technology, particularly the widespread availability of
prenatal sex determination tests, have facilitated the practice of female foeticide by enabling
parents to selectively abort female fetuses. Despite legal restrictions on sex-selective abortions
in India, the availability and misuse of such technologies continue to contribute to the
persistence of this harmful practice.

Instead, there a record that states that it was instead introduced by the medical associations as
a measure of controlling population as they noticed that people just kept having more and more
children in hope to get a male heir so instead the introduced the people to this procedure where
they could find out and chose to abort as it would not only increase the population but also
increase of raising another child.

Overall, the roots of female foeticide in India are multifaceted and deeply ingrained in societal
norms, gender dynamics, economic considerations, and access to technology. Addressing this
issue requires comprehensive efforts to challenge cultural norms, promote gender equality, and
address the socio-economic factors driving the preference for male children.

By whom is it practised?

The research found that 86.7% of these foeticides were by Hindus (80% of the population),
followed by Sikhs (1.7% of the population) with 4.9%, and Muslims (14% of the population) with
6.6%.

It also might be a very common assumption of people around most people who might be
reading this research paper is that fact that we for the longest time assumed that this was not
something that might still be happening and something that could be happening around them
instead there are multiple records that show that it is in urban areas and educated people that
participate in the practice of such an act.

Are there any laws againt it?

there are laws in India aimed at preventing female foeticide and sex-selective abortions. The
primary legislation addressing this issue is the Pre-Conception and Pre-Natal Diagnostic
Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act). This act prohibits the use of
prenatal diagnostic techniques for determining the sex of the fetus, except for specific medical
purposes such as identifying genetic disorders or chromosomal abnormalities. It also regulates
the use of ultrasound machines and other medical equipment to prevent their misuse for sex
determination.

The PCPNDT Act imposes strict penalties, including imprisonment and fines, on individuals,
families, and medical professionals involved in sex-selective abortions or the misuse of prenatal
diagnostic techniques. Additionally, it mandates the registration and regulation of all diagnostic
centers and clinics performing prenatal diagnostic procedures.

Despite the existence of laws, enforcement remains a challenge in many parts of India due to
various factors such as cultural attitudes, societal norms, and corruption. Efforts to combat
female foeticide require not only legal measures but also comprehensive strategies that address
the root causes of gender discrimination and promote gender equality at all levels of society.

PIL Petition
A PIL petition was filed in the Supreme Court by the Centre for Enquiry into Health and
Allied Themes (CEHAT), Mahila Sarvangeena Utkarsh Mandal (MASUM) and Dr. Sabu M.
George urging effective implementation of the Act. The Supreme Court passed an order on 4th
may 200110 which aims at ensuring the implementation of the Act, plugging the various
loopholes and launching a wide media campaign on the issue. The second goal of filing the PIL
is the amendment of the Act to include pre-and during conception techniques, like X and Y
chromosome separation Pre-implantational Genetic Diagnosis (PGD). The order largely
concerns only the implementation of the Act and putting the required infrastructure
in place. However, the order entrusts the responsibility of examining the necessity to amend
the Act to the Central Supervisory Boards, keeping in mind emerging technologies and the
difficulties encountered in the implementation of the Act and to make recommendations to the
Central Government.

What are the preventive measures for it?

Preventing female foeticide requires a multifaceted approach that addresses the underlying
societal, cultural, and economic factors contributing to the practice. Here are some preventive
measures:

Legal Enforcement and Awareness: Strengthening the enforcement of existing laws, such as
the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act,
through rigorous prosecution of offenders and raising awareness about the legal consequences
of sex-selective abortions.

Community Education and Awareness: Promoting gender equality and women's rights through
community-based education programs, awareness campaigns, and sensitization workshops.
These initiatives should aim to challenge harmful gender stereotypes and traditional beliefs that
devalue the lives of girls and women.

Empowerment of Women: Providing opportunities for education, employment, and economic

empowerment for women and girls. Empowered women are more likely to make autonomous
decisions regarding their reproductive health and are less likely to succumb to societal pressure
to have male children.

Promotion of Girl Child: Implementing initiatives that celebrate and support the birth and
upbringing of girls, such as government schemes offering financial incentives for families with
girl children, scholarships for girls' education, and healthcare services specifically targeting
female health needs.

Access to Healthcare: Ensuring access to quality healthcare services, including prenatal care,
for expecting mothers, regardless of the gender of the fetus. Healthcare providers should be
trained to provide unbiased counseling and support to parents and discourage sex-selective
abortions.
Regulation of Medical Practices: Strengthening regulations and monitoring of medical facilities,
including diagnostic centers and clinics, to prevent the misuse of prenatal diagnostic techniques
for sex determination purposes. Strict penalties should be imposed on healthcare providers
found to be involved in sex-selective abortions.

Community Engagement and Advocacy: Engaging religious leaders, community influencers,

and civil society organizations in advocacy efforts to combat gender-based discrimination and
promote the value of girl children in society.

Data Collection and Research: Conducting research and collecting data on sex ratios, gender
differentials in healthcare access, and socio-economic factors contributing to female foeticide to
inform evidence-based policies and interventions.

By implementing these preventive measures comprehensively and collaboratively, it is possible

to address the root causes of female foeticide and create a society where every child,
regardless of gender, is valued and protected.

Top of Form

How does it impact society as a whole?

The practice of female foeticide has profound and far-reaching impacts on society as a whole:

Gender Imbalance: Female foeticide contributes to a skewed sex ratio, with more males than
females in the population. This gender imbalance disrupts social dynamics, affecting marriage
markets, family structures, and community cohesion.

Gender Inequality: Female foeticide perpetuates and reinforces gender inequality and
discrimination. It sends a message that female lives are less valuable than male lives,
perpetuating harmful stereotypes and attitudes towards women.

Social Instability: The imbalance in sex ratios can lead to social instability, as a surplus of
unmarried men may result in increased competition for brides, bride trafficking, or even social
unrest.

Economic Consequences: Female foeticide can have significant economic consequences. It

reduces the female labor force, affecting productivity and economic growth. Moreover, the
devaluation of women can lead to lower investment in their education and healthcare, further
perpetuating the cycle of poverty.

Psychological Impact: The prevalence of female foeticide can have a profound psychological
impact on individuals and communities. It can lead to feelings of guilt, shame, and inferiority
among women and girls, as well as perpetuate cycles of trauma and abuse.

Health Risks: Sex-selective abortions and the devaluation of female lives can result in neglect of
women's health needs, leading to increased maternal mortality rates, higher rates of female
infanticide, and inadequate access to healthcare services.
Loss of Diversity: Female foeticide leads to a loss of diversity and richness within society by
depriving it of the contributions, perspectives, and talents of half of its population.

Violation of Human Rights: Ultimately, female foeticide is a violation of human rights, depriving
women and girls of their inherent dignity, equality, and right to life.

Addressing the impacts of female foeticide requires concerted efforts to challenge gender
norms, promote gender equality, and protect the rights and well-being of women and girls. It
necessitates comprehensive interventions that address the root causes of gender discrimination
and empower individuals and communities to value and respect the lives of all children,
regardless of gender.

Conclusion

In conclusion, the practice of female foeticide in India is a complex and deeply entrenched issue
with profound implications for society as a whole. Stemming from cultural norms, economic
pressures, and gender inequalities, female foeticide perpetuates a cycle of discrimination,
imbalance, and social instability. It undermines the fundamental principles of human rights,
depriving women and girls of their inherent value and dignity.

Addressing the multifaceted impacts of female foeticide requires concerted efforts at various
levels. Legal enforcement, community education, women's empowerment, and healthcare
access are essential components of comprehensive strategies to combat this harmful practice.
By challenging gender norms, promoting equality, and protecting the rights of all individuals,
regardless of gender, society can work towards a future where every child is valued, cherished,
and given equal opportunities to thrive. Only through collective action and unwavering
commitment can we build a society where the scourge of female foeticide is eradicated, and the
inherent worth of every human life is upheld.