India, a country rich in culture and traditions, continues to wrestle with a dark and deeply embedded social evil—female foeticide. Despite the advancement of science and the introduction of laws to safeguard the rights of unborn children, the practice of selectively aborting female fetuses persists in many parts of the country. This reflects a disturbing preference for sons over daughters, fueled by centuries-old patriarchy, dowry expectations, and social stigma.
Female foeticide not only violates the basic human rights of unborn girls but also skews the natural sex ratio of the population, creating long-term demographic imbalances. Over the years, Indian lawmakers have introduced strict legislation to combat this injustice, yet its enforcement continues to be a major challenge.
Understanding Female Foeticide
Female foeticide refers to the practice of aborting a fetus solely because it is female. It typically occurs after prenatal sex determination—using ultrasound or other technology—to identify the fetus’s gender. Though sex-selective abortions are illegal in India, many families still go to great lengths, often in secrecy and with the help of unethical medical professionals, to avoid giving birth to a girl.
The root causes of this practice include:
- Societal preference for sons
- Dowry-related financial burden
- Perceived inability of girls to contribute economically
- Fear of social dishonor
- Desire to carry forward the family name
The consequences of female foeticide are serious and far-reaching: a falling child sex ratio, increased violence and trafficking of women, and deeper gender inequality.
Legal Provisions to Curb Female Foeticide in India
The Government of India has enacted comprehensive laws to prohibit sex selection and female foeticide. The most significant among them is the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994—commonly known as the PCPNDT Act.
1. Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994
The PCPNDT Act was originally introduced to regulate the use of prenatal diagnostic techniques like ultrasound and amniocentesis, which were being misused for sex determination. It was amended in 2003 to extend the prohibition to pre-conception techniques as well.
Key Provisions of the PCPNDT Act:
- Section 3: Only registered medical institutions can conduct prenatal diagnostic techniques and only for certain medical reasons (like detecting genetic abnormalities, not for sex determination).
- Section 4: Permits prenatal diagnostic tests only under strict medical guidelines and prohibits using these techniques to determine the sex of the fetus.
- Section 5: Requires written consent from the pregnant woman before conducting any diagnostic procedures and mandates that she be informed that sex determination is illegal.
- Section 6: Absolutely bans any form of sex selection or determination, whether before or after conception.
- Section 22: Prohibits advertisements relating to pre-natal sex determination or sex selection, including online advertisements.
- Penalties: Violation can lead to imprisonment up to 5 years and a fine up to ₹1,00,000. Repeat offenders face stricter penalties. Medical practitioners can also lose their registration.
The implementation of this law is overseen by appropriate authorities at the central, state, and district levels. These authorities have the power to inspect records, seize ultrasound machines, and take legal action against violators.
2. Indian Penal Code (IPC), 1860
In addition to the PCPNDT Act, the Indian Penal Code provides legal protection to the fetus and penalizes wrongful acts related to sex-selective abortion.
- Section 312: Criminalizes causing a miscarriage voluntarily without good faith intent to save the woman’s life.
- Section 313: Punishes causing miscarriage without the woman’s consent—punishable by life imprisonment or up to 10 years.
- Section 315 & 316: Punish acts intended to prevent a child from being born alive or causing death of a quick unborn child.
These provisions make it clear that abortion with the intent to eliminate a female fetus is both unethical and criminal under Indian law.
3. Medical Termination of Pregnancy (MTP) Act, 1971
The MTP Act allows abortion under certain conditions but does not permit sex-selective abortion.
- Under the MTP Act, abortion is allowed only up to 24 weeks for certain categories of women (victims of rape, incest, minors, etc.).
- Abortion beyond this period is permitted only if there is a substantial risk to the life or health of the woman or fetus.
- Any abortion performed solely because the fetus is female is illegal and punishable.
Judiciary’s Role in Preventing Female Foeticide
Indian courts have played a crucial role in upholding anti-foeticide laws. In the case of Centre for Enquiry into Health and Allied Themes (CEHAT) v. Union of India (2003), the Supreme Court ordered strict implementation of the PCPNDT Act. The Court directed all states to establish appropriate authorities, monitor ultrasound clinics, and ensure mandatory registration and record-keeping.
The judiciary has also upheld the constitutional right to life and equality of unborn female children, emphasizing that female foeticide violates Article 14 (equality before law) and Article 21 (right to life) of the Indian Constitution.
Social Challenges and Way Forward
Despite a strong legal framework, enforcement remains weak. Loopholes, corruption, and lack of awareness contribute to the continuation of female foeticide. According to Census data, the child sex ratio (0–6 years) has been falling steadily—from 927 girls per 1,000 boys in 2001 to 919 in 2011.
To effectively combat female foeticide, the following measures are essential:
- Strict enforcement of PCPNDT and related laws
- Regular inspections of clinics and ultrasound centers
- Public awareness campaigns to change mindsets
- Incentives for families with girl children (e.g., Beti Bachao, Beti Padhao)
- Gender-sensitization programs in schools and communities
Eradicating female foeticide is not just about legal compliance—it’s about transforming a deeply patriarchal mindset that devalues the girl child.
Conclusion
Female foeticide is a gross violation of the rights of the unborn girl child. It reflects the worst form of gender discrimination and continues to exist despite decades of legal reform. Laws like the PCPNDT Act, IPC, and MTP Act offer robust legal protection, but effective implementation and social change are key to their success.
India’s battle against female foeticide must continue on both legal and social fronts. We must raise daughters not just in homes, but in hearts and minds.
Mnemonic to Remember Key Provisions – “FEMININE”
Use the mnemonic “FEMININE” to recall laws related to female foeticide:
- F – Foeticide ban under PCPNDT Act, Section 6
- E – Equality under Constitution Article 14
- M – Medical Termination of Pregnancy Act regulates abortion
- I – Indian Penal Code (Sections 312–316) for wrongful miscarriage
- N – No sex selection before or after conception (PCPNDT)
- I – Imprisonment & fines for offenders under PCPNDT
- N – Notification of clinics & equipment under Section 3
- E – Enforcement by Authorities (PCPNDT Section 17)
