Recently, on 30th October 2020, while deciding a matter in the case of Hassan Mohd. v. State of Haryana, the Punjab and Haryana High Court has expressed an opinion regarding ‘female foeticide’ calling it the destruction of the woman of the future. It also made note of the contemptuous attitude of society towards a female child.
What is Female Foeticide?
This is the process of gender-selective biased abortion, here a female fetus is illegally terminated mainly due to the reason that the fetus is a female.
Now with development in technology, the gender of the fetus can be detected at a very early stage. Along with this, there has also been a horrific increase in sex-selective abortions, especially in India.
The main legislation working against female foeticide is the Pre-Conception and Pre-Natal Diagnostics Techniques Act, 1994. This Act bans pre-natal gender determination, with its main aim being to hinder people from terminating the female fetus.
Section 3A of the Pre-Conception and Pre-Natal Diagnostics Techniques Act, 1994 prohibits sex-selection. It states that no person shall aid anyone in conducting sex-selection. The usage of any kind of technology for the same purpose is prohibited under the Act.
Section 4 of the Pre-Conception and Pre-Natal Diagnostics Techniques Act, 1994 regulates pre-natal diagnostic techniques. Under this, every place including genetic labs and clinics is prohibited from conducting pre-natal diagnostic techniques. This provision has also provided certain exceptions wherein pre-natal diagnostic techniques can be conducted. This exception is the detection of any of the abnormalities which have been named under this section.
If pre-natal gender determination techniques are to be applied, they must be for the reason provided in this section and only after certain conditions have been satisfied. Here the age of the woman should be above thirty-five years, has undergone more than two spontaneous abortions or fetal loss, has been exposed to teratogenic agents, the pregnant woman or family has a history of mental retardation or physical deformities or any genetic disease or any such other condition being prescribed the Board.
Section 22 of the Pre-Conception and Pre-Natal Diagnostics Techniques Act, 1994 bans all advertising relating to pre-conception and pre-natal determination of sex and prescribes punishment for contravention of its provisions. If any person or organisation including Genetic Counselling Centre, Genetic Laboratory, or Genetic Clinic violates this section, then they are subject to imprisonment which may extend up to three years and with a fine up to Rs.10,000.
Under Section 23 of the Pre-Conception and Pre-Natal Diagnostics Techniques Act, 1994 various offenses and penalties have been prescribed, under which the highest term of imprisonment is five years and the highest amount of fine is Rs.1,00,000.
The Pre-Conception and Pre-Natal Diagnostics Techniques Act, 1994 also provides for maintenance of records in Section 29. All records and related information are required to be maintained and shall be preserved for two years. If there are any criminal or other proceedings taking place, these records should be maintained until the final disposal of all such proceedings. These records are also available to the appropriate authority for inspection at all reasonable times.
Female foeticide is a horrendous issue that is prevalent all over the world. Here female children are not even given an opportunity to be born, losing their right to live, solely based on the fact that they are female. As the times change the women have taken the world by storm, they play major roles in today's society for a better world. The High Court has rightly pointed out the issue with female foeticide. By saying it destroys the woman of the future, it can be said that it destroys the future itself.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
