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New Delhi: A woman in Delhi died recently after being coerced by her husband and father-in-law to undergo a sex determination test and subsequent abortion. She was allegedly forced into the procedure after the duo learnt that she was carrying a female foetus.
The deceased woman's father filed an FIR under multiple provisions of the Bharatiya Nyaya Sanhita, including Section 89, which deals with acts carried out to prevent a child from being born alive or to cause its death after birth. The case was heard in Delhi High Court after the father-in-law claimed that he had no direct role in the alleged illegal ultrasound, nor the events leading to his daughter-in-law’s death.
In its observation, the Delhi High Court said: "The practice of determining the sex of a foetus and taking subsequent actions based on that information is not merely a violation of law, but each instance undermines the value of female life and signals that some lives are deemed less worthy than others due to their gender."
Justice Swarana Kanta Sharma also said: "It fosters a culture in which girls are seen as burdens rather than equal members of the community, and endangers pregnant women by exposing them to unsafe medical procedures. Such acts corrode social conscience, and strike at the hope of a society to be free from discrimination.
This is only one of the recent cases where a pregnant woman has been forced to go for sex determination text. Such tests are illegal and punishable by law.
Three decades back, India enacted the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994. It is also called the Prohibition of Sex Selection Act.
The law prohibits any procedure or test aimed at determining a foetus’s sex to curb female foeticide and check gender imbalance. It's illegal to use any technique to spot the sex of a foetus after conception.
Violators can face severe penalties, including imprisonment and hefty fines. Their medical licenses can be suspended or permanently cancelled. The law applies to individuals, genetic clinics, laboratories, and all medical professionals involved in sex selection practices.
Diagnostic methods such as ultrasonography are allowed only for identifying genetic or metabolic disorders, chromosomal abnormalities, specific congenital defects, or sex-linked diseases. They are not permitted for determining the sex of the foetus.
For individuals, the first offence can entail imprisonment of up to three years and a fine of up to Rs 10,000, while doctors may face suspension or cancellation of their medical license. For repeat offenders, individuals can face up to five years in jail and a fine of up to Rs 50,000, and doctors may be permanently removed from the medical register.
The law came into force to stop the abortion of female foetuses 30 years back. However, little has changed over the last three decades. The law gives power to appropriate authorities to take legal action against violators. Complaints can be registered against violators. But many cases go unreported.
The law has provisions for imprisonment, heavy fines, and cancellation of medical licenses. But violators escape punitive action either by bribing corrupt authorities or disguising the illegal tests as routine ultrasounds. There's no proper check on diagnostic centres and accountability of officials who are supposed to be doing that is missing.
Female foeticide is still a grim reality in India, where male patriarchy rules the roost. The preference for sons continues to fuel India’s skewed sex ratio. This traditional mindset rooting for a son remains deeply entrenched in rural areas. As a result, the intended impact of the law has been defeated.
Therefore, it is not just lax enforcement by authorities and departments concerned but also a collective societal failure that has caused the practice to persist. Deep-rooted patriarchy and gender bias has also reduced the law to a paper tiger. Awareness campaigns have failed to change attitudes of people, both men and women.
The failure of PCPNDT Act reflects that laws alone can't prevent sex determination tests. It needs a shift in approach and values. Strong implementation is important and so is a societal change to value daughters just like sons.
