Female foeticide and the Law

There was a day people use to say that female child was no use to the family she go away when her parents are old age, she can’t sustain herself, she is no good in order to help her father’s side of the life cycle

I thought it’s understanding of old age and the age of people are being un-educated, ill-literate, and also thought day by day people will manage to grow up and able to be good citizen and respect both the child equally and given them equal opportunity, but it seems to be the era is still not come. Female feticide, bride burning, discrimination, rape, eve-teasing, etc.. are not stopped in fact increased day by day in this generation in between educated people.

Article 14 says equality before law,

Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

But what has happened no change, female foeticide, throwing female baby on the street continues to happen even today.

In the year 1994 the government of India brought The Pre-Natal Diagnostic Techniques(regulation and Prevention of Misuse) Act 1994 in order to regulation of the use of pre-natal diagnostic techniques for the purpose of detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders and for the prevention of the misuse of such techniques for the purpose of pre-natal sex determination leading to female foeticide;”

The following provisions to deal with the issues as fallows:

Section 5 of the act, prohibits conduct the pre-natal diagnostic itself without, Written consent of pregnant woman and,  Section 5(2) says that, "No  person conducting  pre-natal diagnostic  procedures shall communicate to  the pregnant  woman concern or her relatives the sex of the foetus by words, signs or in any other manner. "

 Section-6, of the act prohibits the Determination of sex;

Section 6 (a) no Genetic Counseling Centre or Genetic Laboratory or Genetic Clinic shall conduct or cause to be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including ultrasonography, for the purpose of determining the sex of a foetus;

Section 6 (b) no person shall conduct or cause to be conducted any pre-natal diagnostic techniques including ultrasonography for the purpose of determining the sex of a foetus.

There is a board constituted by this act my eminent people and the functions of the board are specified in section,16 of the act apart from conducting many functions the board, is suppose to "To create public awareness against the practiceof pre-natal determination of sex and female foeticide;"

the law also make mandatory  that all the Genetic Counseling Laboratories or Genetic Clinics should be registered under section 18 of this act.

PUNISHMENTS:

CHAPTER VII of the act speaks about the offences and penalties, Section 22 of the act speaks about the   Prohibition of advertisement relating  to pre-nataldetermination of sex and punishment for contravention, and section 22(1) of the act says, No person, organisation,  Genetic  Counseling Centre,Genetic  Laboratory or Genetic Clinic shall issue or cause to be issued any advertisement in any manner  regarding facilities  of pre-natal  determination  of  sex available at such Centre, Laboratory, Clinic or any other place.

And section 22(2) of the act says, No person or organisation shall publish or distribute or cause to be published  or distributed any advertisement in any manner regarding facilities of pre-natal determination of sex available at any Genetic Counseling  Centre, Genetic Laboratory, Genetic Clinic or any other place.

And section 22 (3) of the act says, Any person who contravenes the provisions of sub- section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.        Explanation.--For the purposes of  this section, "advertisement" includes any  notice, circular, label wrapper  or other  document and also includes any visible representation made by means of any light, sound, smoke or gas.

Though initially the punishment is awarded, three years and with fine which may extend to ten thousand rupees for first offence and subsequent offence punishable up to 5 years and fine of Rs50,000/- but subsequent amendment increased the imprisonment up to 7 years and fine up to Rs:5,00,000/-

The penalties,  also including  the removal  of his  name from the register of  the Council  for period of  two years  for  the  first offence and permanently for the subsequent offence.

The law also makes provision to make the offenses of abetment,   of offense under sub-section (3) of section 23 and shall be punishable for the offence specified under that section. "

CHALLENGES:

Biggest challenges to implement this act is that the information about such test or any such termination of pregnancy. This issues is done through mostly educated and middle class and upper class community however they manage to keep it un-informed about this aspect, some time these issues will come up when the husband and wife go for divorce where the allegation was made that the husband has not taken care of wife because she give birth to female child or she refuse to terminate the foetus, till then these issues are not spoke openly. May be this is high time people who are well educated understand the role and make shore that these kind of activities are not done, or in case if they come to know report about it. Or try to change the mindset of the people on these issues.