This Article has been written by Priyadarshini Goenka, A First Year B.A.LL.B. student at National Law University, Odisha
INTRODUCTION
The deft reduction in the position of any woman is the result of all the existing vulnerability as being exposed to some of the extreme conditions which ultimately results in her worse life situations. Such forms of extreme violence against women still exist in many parts of India wherein society is mostly concerned with the elimination of any girl child coming to the world. For achieving the goal various methods are usually followed by these heartless people to get rid of the innocent child. The most common ones are making the child starve for days, crushing her under the bed, or ultimately poisoning her. Ultimately the allegation of murdering the child is transferred to the name of the mother as it is believed that the root cause of all the problems had been created by her. And it is her sole responsibility to take all the unjust charges as she had brought the child into existence. Attempts were made to examine the common causes that promote such heinous acts from taking place. Furthermore, it was also found that the reasons were similar and different depending on the geographical conditions that the expecting woman finds herself bounded by. It was reported that all the reasons were interlinked to a common cause- excessive demands of dowry. Looking from a grassroots level, the complete existence of female foeticide or sex-selection abortion points to the elimination of any female fetus in the mother’s womb itself. Before the process, it is important that the sex of the fetus needs to be resolute and gets completed by methods that include amniocentesis, chorion villus biopsy. Speaking at the current times the most popular technique is identified as the ‘ultrasonography’. Once the fetus is identified being a female child, following which the child is aborted. Such cases keep getting reported every single day and continue to exists even in the districts and villages of our country. The seriousness still has a different viewpoint. The medical practitioners whom we usually look up to have managed to bring negative advances in their set of disciplines and are more concerned to fulfill the never-ending needs associated with such practices of sex determination. In other instances, it has been found that these centers pose doctors aren’t even qualified to persist in their respective fields but are found engaging to earn some easy money.
INITIATIVES TAKEN AT THE LEGAL LEVEL
The prevalent practice that aimed at female infanticide was prohibited through the proposed set of legislations that were enacted in the pre-independence period. However, it remained ineffective as there were quite a few or no convictions that took place under the law. Once the set of provisions seemed convinced it got included in the IPC 1860 wherein punishments were likely to arise in expected cases of miscarriages or any other offenses related. Though, these were seldom resorted to. Now, with the sudden increase in the pre-natal diagnostic techniques particularly amniocentesis resulting to which the government issued a directive in the year 1978 where it banned the misuse that was going on across all the government-controlled hospitals and laboratories. After the general debate that includes brief discussion and deliberation, our Parliament finally passed the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act on 20th September 1994 which afterward got identified as PNDT Act.
The above-discussed Act came into force on 1st January 1996 in which it envisioned to regulate the usages of Pre-Natal Diagnostic Techniques that determined the generic as well as metabolic disorders, chromosomal abnormalities, congenital malfunctions, and disorders that relate to sex. Attempting to implement the same into practical use, the pre-natal sex determination linked to the concerned fetus led to the inclusive notion of the above term-‘female foeticide’ under which gender bias is expected to occur. It is mostly believed that in such situations where technology has been advanced to such an extent and nature, any of its related misuses get interconnected with human mishandling without having the proper data and effective techniques. The Act of 1994 had been implemented thinking it would help forestall such misapplications of prenatal diagnostic techniques that might surface. Any modernized advancement that takes place in the field of science accompanied by the evolution of updated diagnostic techniques proves that the existing practice of sex-determining continues. Over the years humans have records of misusing the supreme technology to meet their never-ending demands and especially in cases where the child is spelled as a female such complication are similar to any unforeseen end of pregnancy that ultimately fallouts in the permanent stoppage to the child’s growth[1].
PERTINENT AMENDMENTS TO THE 1994 ACT
During its implementation, there remained shortfalls and complications at the practical level in the complete administration of the Act that eventually was brought to the knowledge of the government. To solve such difficulties, techniques were advanced to identify the child’s sex before conception that led to the decline of the inclusive sex ratio. Such advances were put into deliberation by the SC in its orders in CEHAT & Ors. V. UOI & Ors. which is yet to see the light of the day. The Court further envisaged that the amendments made about the PNDT Act are indispensable. Its prime resolution was to bar the misuse of pre-natal diagnostic techniques that are taken up during sex-selection abortions and assist its foremost regulation.
Ensuring that their interests are safeguarded, the above Act had laid down some basic actualities that no pre-natal techniques would be used or conducted unless the following conditions seem satisfied:-
· The expecting woman should be above thirty-five years of age.
· If she had previously suffered two or more spontaneous abortions or fetus loss.
· Any particular condition that has been enumerated by the Central Supervisory Board.
· Pregnant women have a family history of psychological problems like mental retardation or abnormalities like spasticity or genetic diseases.
The Act prevents any individual whether a relative or husband from observing for the demeanour of pre-natal diagnostic techniques. Moreover, there isn’t any generic counselling, laboratories, clinics that operate the pertinent processes unless the after-effects would be well clarified to the pregnant woman or a written consent should be attained which would allow her to undergo the above procedure in the language that she understands. One of the most essential provisions states that no individual conducting the techniques shall communicate the child’s sex to either the mother or her known ones. Additionally, it allows generic counselling centres, laboratories, clinics, specific individuals to deport such techniques including ultrasonography for the determination of the fetus. The legislation doesn’t forbid any publication of related advertisements that relates to the initial concept. Any discrete who have records of having contravened such exclusions would be punished severely. The consequences result in either imprisonment for three years or a fine of ten thousand rupees. Similarly, if any medical geneticist, gynaecologist, registered medical practitioner contravenes the said provisions that are specified would result in being penalized with an imprisonment of three years or a fine of ten thousand rupees. In subsequent cases which deal with any consequent conviction, the punishment would extend to five years imprisonment or a fine of fifty thousand rupees.
The Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act is the statute that was implemented with the notion that it would help address the complications that have been arising as a result of female feticide and would help to sojourn the practice that was recurrently occurring in our country. Taking into account of 2011 census the adult sex ratio was 943 females per 1000 males and the child sex ratio was 919 females per 1000 males. Subsequently, it was approved by the Indian government and finally came into effect from 1st January in the year 1996. However, owing to the positive insights in the science field the preconception of sex selection is likely to be repetitive in nature.
CONCLUSION
Numerous gender-friendly provisions had been incorporated in the Pre-Natal Diagnostic Techniques to provide that any female fetus has the equal right as its counterpart the male fetus to survive to its fullest. It purposes to safeguard the elements of sanctity and dignity of the sex for its overall preservation in human society. Initially, the Act was amended in 2003 to expand the techniques of preconception sex selection and ultrasound technique within its ambit whose implications are as follows: -
· The projected amendment succeeded in bringing the technique within the act’s realm.
· Furthermore, ultrasounds were incorporated within it and its sale got restricted to the registered bodies.
· It authorized the CSB, the Constitution to safeguard care to function at state-level supervisory bodies.
· One of the crucial provisions was to implement severe punishment for its lawbreakers[2].
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