Is Female Foeticide Legal in India?

Female foeticide is one of the most pressing social and legal issues in India. It refers to the practice of determining the sex of an unborn child and aborting the foetus if it is female. Despite several laws, judicial directions, and awareness campaigns, the problem persists.

This article examines whether female foeticide is legal in India, the laws that prohibit it, the reasons behind its prevalence, and the measures being taken to eradicate it.

Understanding Female Foeticide

Female foeticide means aborting a foetus only because it is female. It is different from general abortion, which may be carried out for medical reasons. In India, the practice is illegal, as it violates the right to equality and the right to life of the girl child.

The act not only destroys an unborn life but also disturbs the natural sex ratio, creating deep social problems.

Why Does Female Foeticide Happen?

Despite being illegal, female foeticide continues in India due to several cultural and economic factors.

Preference for Male Child

In many Indian families, a son is seen as an asset – the breadwinner, successor of the family lineage, and caretaker of parents in old age. Daughters, on the other hand, are often treated as liabilities.

Dowry Burden

The practice of dowry has made daughters appear financially burdensome. Parents fear huge expenses during marriage, sometimes forcing them into debt. This has led many to avoid raising daughters altogether.

Social Patriarchy

Centuries of patriarchy and gender discrimination have conditioned society to believe that women are weaker, less capable, and less valuable than men.

Safety Concerns

Rising crimes against women, such as harassment, trafficking, and rape, have also made families fearful about raising girls.

Misuse of Technology

Ultrasound and other diagnostic techniques, introduced to monitor foetal health, are often misused for sex determination, followed by selective abortion.

Is Female Foeticide Legal in India?

The answer is no. Female foeticide is completely illegal in India. While abortion is legal under certain conditions, sex-selective abortion is a punishable offence.

Abortion vs Female Foeticide: The Legal Distinction

Medical Termination of Pregnancy (MTP) Act, 1971

• Legalises abortion under specific conditions such as risk to mother’s health, rape, or contraceptive failure in case of married women.
• Abortion must be carried out by authorised medical practitioners in approved facilities.
• Does not permit abortion based on the sex of the child.

PCPNDT Act, 1994 (Amended in 2004)

• Specifically prohibits sex determination before or after conception.
• Regulates use of ultrasound and other diagnostic techniques.
• Provides for punishment of doctors, clinics, and parents involved in sex-selective abortion.

Thus, while abortion for medical or humanitarian reasons is legal, female foeticide is not.

Punishments for Female Foeticide under Law

Under the PCPNDT Act, the following penalties apply:

• For Doctors/Clinics: Suspension or cancellation of licence, fine up to ₹10,000 for first offence, imprisonment up to 3 years, and higher penalties for repeat offences.
• For Parents/Relatives: Imprisonment up to 3 years and fine up to ₹50,000 for seeking or aiding sex determination.
• For Advertisements: Any form of advertising sex determination services is prohibited.

Judicial Pronouncements Related to Female Foeticide

The Indian judiciary has played a vital role in strengthening the prohibition on female foeticide.

• CEHAT v. Union of India (2003): Supreme Court directed the Centre and States to ensure strict enforcement of the PCPNDT Act and set up monitoring committees.
• Vinod Soni v. Union of India (2005): Bombay High Court upheld the constitutionality of the PCPNDT Act, rejecting arguments that it violated Article 21’s personal liberty to choose a child’s sex.
• Voluntary Health Association of Punjab v. Union of India (2013): Supreme Court criticised states for poor implementation and directed mapping of clinics, seizure of illegal ultrasound machines, and awareness campaigns.

These cases underline that female foeticide is illegal and unconstitutional.

Conclusion

To answer the central question: Female foeticide is not legal in India. It is a criminal offence under the PCPNDT Act and goes against the constitutional values of equality and the right to life.

While abortion is legal in specific situations under the MTP Act, sex-selective abortion is a punishable crime. Despite several laws, judicial pronouncements, and government schemes, the practice continues due to deep-rooted social bias and weak enforcement.