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Sex Determination and Female Foeticide- A Status Paper %28English%29 |
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lei
A Status Paper
Advocacy Workshops on the
Issue of Female Foeticide
aft+a
Population Foundation
of India
o
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SEX DETERMINATION
AND
FEMALE FOETICIDE
A Status Paper
Prepared for
Advocacy Workshops on the
Issue of Female Foeticide
Population Foundation of India
&
Plan India
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CONTENTS
The Pre-conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994
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SEX DETERMINATION AND
FEMALE FOETICIDE
A Status Paper
India's Declining Sex Ratio
_":~:~
Sex ratio is an important social indicator to measure the extent of prevailing equity
between males and females in a society at a given point of time. It is generally
defmed as number of females per 1000 males. Changes in sex ratio largely reflect the
underlying socio-economic and cultural patterns of a society in different ways.
Determinants of change in sex ratio vary from sex differentials in mortality, sex selective
migration, sex ratio at birth and at times sex differentials in population enumeration.
India is one of the few countries in the world where males out number females.
According to census 2001, sex ratio in India is 933 females per 1000 males. Although
there is marginal improvement from 1991 census, which was 927, it continues to be
significantly adverse to women. The sex ratio (933) is the lowest amongst the 10 most
populous countries in the world as seen by the table below. It is to be noted that out of
these 10 countries 6 countries have sex ratio above unity (meaning a population of
1000 females per 1000 males).
Table 1
Sex Ratio of Ten Most Populous Countries
s. No
1
2
3
4
5
6
7
8
9
10
Country
India
Pakistan
China
Bangiadesh
Indonesia
Nigeria
Japan
Brazil
USA
Russian Federation
sex Ratio
933
938
944
953
1004
1016
1041
1025
1029
1140
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A normal sex ratio always shows more women than men but only 10 districts in the
country qualify as normal. The sex ratio of 933 has to be seen from two perspectives.
On the positive side, this sex ratio shows a marginal improvement of 6 points from the
sex ratio of 927 recorded in 1991. However, as a long term trend over the past 100
years the sex ratio has shown alarming decline. It was 972 in 1901 as against 933 in
2001.
Table II
Sex Ratio in India during Last 100 Years
s. No
1
1901
972
2
1951
946
3
2001
933
While the improvement in overall sex ratio is noticed in the census 2001 what is most
alarming is the decline in the Child Sex Ratio (CSR),i.e the sex ratio of children in the
age group of 0-6 years.
The decline of child sex ratio is not only from the previous census, but the decline is
continuous from 1961 as seen from the table III. But what is matter of concern is the
points of decline in the last two decades.
S. No.
1
2
3
4
5
Table III
Child Sex Ratio in India
Year
1961
1971
1981
1991
2001
Chlld Sex Ratio
976
%4
962
945
927
Census 2001 showed a decline of 18 points from 945 in 1991 to 927. The decline of
child sex ratio is so wide spread that out of the 28 States and 7 Union Territories, only
4 States namely Kerala (5 points increase), Tripura (8 points increase), Mizoram (2
points increase) and Sikkim (21 points increase) and only one union territory,
Lakshadweep (33 points increase) are free from this socially harmful and degrading
phenomenon.
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Table IV
Child Sex Ratio in the States and Union Territories
19)1
:Dn
Punjab
875
793
Haryana
879
820
Chandigarh
899
845
Himachal Pradesh
951
897
Jammu & Kashmir
NA
937
Delhi
915
865
Rajasthan
916
909
Uttar Pradesh
927
916
Bihar
953
938
Orissa
967
950
Madhya Pradesh
941
929
Uttaranchal
948
906
Jharkhand
979
%6
Chhatisgarh
984
975
Sikkim
965
986
AsunachalPradesh
982
961
Nagaland
993
975
Manipur
974
961
Mizoram
969
971
Tripura
967
975
Meghalaya
986
975
Assam
975
964
West Bengal
967
963
Gujarat
928
878
Daman & Diu
958
925
D&NHaveli
1013
973
Maharashtra
946
917
Andhra Pradesh
975
964
Karnataka
960
949
Goa
964
933
Lakshadweep
941
974
Kerala
958
963
Tamil Nadu
948
939
Pondicheny
963
958
A & N Islands
973
965
India
945
gEl
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The States and Union Territories that have shown large declines in child sex ratio are
Punjab (-82), Haryana (-59), Himachal Pradesh (-54), Gujarat (-50), Chandigarh (-54)
and Delhi (-50) though they a,re economically quite developed with high female literacy
rates. There are 122 districts spread over 14 states having CSR less than 900.
Table V
Distribution of States/UTs by Districts having less than 900
Child Sex Ratio
S. No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
States/UT
Uttar Pradesh
Haryana
Punjab
Gujarat
Rajasthan
Maharashtra
Delhi
Madhya Pradesh
Himachal Pradesh
TarnilNadu
Bihar
Jammu & Kashmir
Chandigarh (UT)
Uttaranchal
Total
No. of Districts·
24
18
18
16
10
9
8
5
4
4
2
2
1
1
122
*Name of the Districts :
Uttar Pradesh-- Baghpat, Agra, Ghaziabad, Meerut, Gautam Buddha Nagar, Muzaffamagar, Kanpur
Nagar, Shahajanpur, Bulandshahar, Mathura, Hathras, Mainpuri,]alaun,]hansi, Aligarh, Budaun,
Etah, Saharanpur, Etawah, Mahoba, Mau, Auraiya, Kanpur Dehat and Bareilly.
Haryana--Kurukshetra,
Sonipat, Ambala, Kaithal, Rohtak, ]hajjar, Panipat, Yamunanagar,
Mahendragarh, Rewari, lind, Sirsa, Hisar, Fatehabad, Panchkula, Bhiwani, Faridabad and Gurgaon.
Punj~Fatehgarh
Sahib, Patiala, Kapurthala, Gurdaspur, Mansa, Bathinda, Amritsar, Sangrur,
Rupnagar, ]alandhar, Faridkot, Muktsar, Kamal, Nawanshahr, Hosiarpur, Ludhiana, Monga and
Firozpur.
Gujarat-Mahsana, Ahmadabad, Gandhinagar, Rajkot, Surendranagar, Patan, Vadodara, Anand,
Surat, Sabar Kantha, Kheda, Bhavnagar,]amnagar, Amreli, Porbandar and]unaagdh.
Rajasthan--Ganganagar, Dhaulpur, ]hunjhunu, ]aisalmer, Hanumangarh, Bharatpur, Karauli, Sikar,
Alwar and]aipur.
Maharashtra-Sangli,
Kolhapur, ]algaon, Satara, Aurangabad, Ahmadnagar, Sola pur, Bid and
Mumbai.
Delhi--South West, North West, West, North East, East, North, North, New Delhi and South.
Madhya Pradesh-- Bhind, Morena, Gwalior, Mandla and Datia.
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Tamil Nadu-Salem, Dharmapuri, Theni and Namakkal.
Himachal Pradesh--Kangra, Una, Hamirpur and Bilaspur.
Bihar-Darbhanga and Sitamarhi
Jammu & Kashmir-Jammu and Kathua.
Chandigarh---Chandigarh
Uttaranchal-Haridwar
Several questions have been raised with regard to trends in child sex ratio in the last
decade. The indications are that this alarming trend is due to large scale practice of
female foeticide. Female foeticide or sex selective abortion is the elimination of the
female foetus in the womb itself.
The decline in child sex ratio may be due to different factors such as neglect of female
children resulting in their higher mortality at younger ages, female infanticide and female
foeti~ide. Female foeticide refers to a practice where the female foetuses are selectively
eliminated after prenatal sex determination thus avoiding the birth of girls. High
incidence of induced abortion and the sharp decline in the child sex ratio in the last
decade clearly proves the practice of female foeticide.
Factors Responsible for Female Foeticide:
.;~:~,~.
• The obsession to have a son
• The discrimination against the girl child
• The socia-economic and physical insecurity of women
• The evil of dowry prevalent in our society
• The worry about getting girls married as there is the stigma attached to being an
unmarried woman.
• Easilyaccessible and affordable procedure for sex determination during pregnancy
• Failure of medical ethics
• The two child norm policy of certain state governments.
Key Issues
.
~~'~''':~
Obsession for a son is deeply entrenched in our society and is by and large an all India
phenomenon. A number of cultural, social and economic factors influence the relative
benefits of sons and daughters and ultimately parent's gender preference. The factors
that underline the son preference are mainly socio-cultural. In the context of India's
patrilineal and patriarchal society having a son is imperative for continuation of family
line. Sons are important as mainly religious functions can be perfoffi1ed only by them.
According to Hindu tradition, sons are needed to kindle the funeral pyre of their
deceased parents and to help in the salvation of their souls. Sons are expected to
provide econ<;>miscupport to the family especially during old age of the parents. Desire
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for sons often results in repeated, closely spaced pregnancies and premature death.
The desire for a male child manifests itself so blatantly that parents have no qualms
about terminating the life of the girl child before she is born.
The birth of a girl child is taken as a curse as she is perceived to be an econ mic and
social liability.The discrimination is reflected in all aspects including nutrition, education
and health care.
Prevalence of dowry custom is the main cause of this discrimination. Because of the
heavy dowry demanded by the bride groom's family, there are many instances where
girls cannot afford and therefore commit suicide. Even after marriage there is continued
harassment by the in-laws, if the girl does not bring sufficient dowry. Sometimes this
results in murder and in many cases by crude method as burning. A news paper "The
Tribune" in it's editorial "Fighting Female Foeticide" (26th June, 2001) aptly explained
the cause as "The day grooms become available without a hefty price tag attached to
them, families would stop killing the girl child in the womb"
The other important cause of discrimination is the fear of physical insecurity. Increasing
incidences of violence against women in the form of rape, sexual harassment and
incidences of child abuse are factors leading to the low status of women. Other than
lack of sexio- political commitment towards women's empowerment, poor enforcement
of laws relating to violence against women is the prime factor for this situation.
The preference for son combined with an emerging preference for small families and
availability of sex determination technology has resulted in loss of girls even before
birth. Of late certain state governments are enforcing two child norm resulting in an
increased incidence of female foeticide ..
Easy availability and affordability of sex determination techniques coupled with the
absence of proper enforcement of Acts against sex determination has created an
environment where female foeticide has become a practice without any social and
moral stigma attached to it.
The other important issue is poor governance. A critical factor in the process of socio-
economic development is the quality of governance. Efficient governance requires
efficient institutions, supportive legislative measures and effective delivery mechanism.
It is the lack of good governance which explains the failure of many well planned
development programmes including programmes related to elimination of female
foeticide. Poor governance has led many times interventions by judiciary. There is a
powerful medical lobby which opposes regulation of sex determination completely
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ignoring medical ethics. This has happened due to nexus between doctors and local
leadership. Hence the importance lies in good governance.
The Implications of Declining Sex Ratio
in the Population
.'~:::,'"
~,ia:
"~L
There are various socio-economic and health implications of declining sex ratio.
• Decreasing number of females in the society is likely to increase the sex related
crimes against women.
• This will lead to increase social problems like rape, abduction, bride selling, forced
polyandry etc. Reports are already trickling in about how unemployed young
m~n in Haryana find it difficult to get married. In Dang district of Rajasthan
there was report of 8 brothers marrying one woman. This is not only social
problem but also unethical.
• There will be increase of prostitution, sexual exploitation and increase in cases
of STD and HIV/ AIDS
• Such an imbalance will not only lead to growth in crime against women but will
also cause various physical, physiological and psychological disorders particularly
among women.
• The health of the woman is affected as she is forced to go for repeated pregnancies
and abortions.
Misuse of Technology - Sex Determination Te,,s,' t's" ;~:':,
Sex determination tests and consequently, abortion of female child became known in
India in the 1970s. Amniocentesis was introduced in India in 1975 primarily for the
determination of genetic abnormalities but soon it came to be used more commonly
for sex determination, leading to sex selective abortions. At the moment three major
pre-natal diagnostic tests that are being used as sex determination tests are as follows:
1. Amniocentesis (normally performed after 15-17 weeks of pregnancy)
2. Chorionic Villus Sampling (more expensive and normally performed around the
10th week of pregnancy)
3. Ultrasound (least expensive and normally performed around 10th week of
pregnancy)
Shortly after the introduction, these tests were advertised widely in different parts of
India. Hoardings appeared which said "invest Rs. 500 now, save Rs. 50,000 later" and
sometimes saving amount mentioned as Rs. 5,00,000.The advertisements were designed
to encourage prospective parents to abort female foetuses in order to avoid future
dowry expenses.
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The majority of foeticide cases took place in relatively large towns where sex
determination clinics proliferated. Of late sex determination test facilities are available
in small towns and even villages. In some states there are villages where health centers
are not there but one can find sex determination clinics.
Government of India took long time to pass legislation to combat this menace. In
1976, Government banned sex determination tests in government facilities.AJ3 a result
of movement against sex determination by various activist groups and other efforts, in
1988Maharashtra passed a law to prevent sex determination test known as Maharashtra
Regulation of Pre-natal Diagnostic Techniques Act, 1988.
In 1994,the central government passed the Pre-natal Diagnostic Techniques (Regulation
and Prevention of Misuse) Act. The PNDT Act, 1994 came in to force in 1996. The
Act had certain inadequacies and had to be amended in the light of new techniques
related to preconception test and the amended rule has come into effect from 14th Feb
2003. The Act now reads as:
The main purpose of this Act has been to ban the use of sex-selection techniques
before or after conception as well as the misuse of pre-natal diagnostic techniques for
sex selective abortions and to regulate such techniques. To make this clear, the long
title of the Act has been suitably amended to read:
"An Act to provide for the prohibition of sex selection, before or after
conception, and for regulation of pre-natal diagnostic techniques for the
purposes of detecting abnormalities or metabolic disorders or chromosomal
abnormalities or certain congenital malformations or sex-linked disorders and
for the prevention of their misuse for sex determination leading to female
foeticide and for matters connected therewith or incidental thereto".
• Sex determination of unborn child is not permissible under Pre-conception and
Pre-natal Diagnostic Techniques Act, 1994.
• Utilization of ultra-sonography, amniocentesis to determine and communicate
the sex of an unborn is punishable under the law since January 1996
• Doctors and radiologists conducting or soliciting patients for sex determination
tests can be imprisoned up to five years and fined up to Rs. 50,000.
• All clinics conducting ultrasound scans must be registered and must display
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prominently a notice in English or in local language that sex determination of
foetus is prohibited under the law.
• Use of Pre-natal Diagnostic Techniques are allowed only on medical grounds
for detecting abnormalities, disorders and congenital anomaly ete. and not for
determining sex of the foetus.
• No persons conducting pre-natal diagnostic procedure under the law shall
communicate to pregnant women concerned or her relative the sex of the foetus
by words or signs or any other method.
• Pre-natal Diagnostic Techniques can be conducted only by genetic clinics,genetic
laboratories, and genetic counseling centres which have been registered under
the PNDT Act.
• Clinics involved in sex determination tests or advertisements by a doctor or a
-clinic for conducting the sex determination test of an unborn baby are equally
liable for punishment under the PNDT Act.
• Cognizable, non-bailable and non-compoundable are the offences under PNDT
Act. Cognizable is an offence for which police may arrest without a warrant.
Under non-bailable offence, bail may be granted only by competent court. Non-
compoundable offence is an offence in which no settlement between the parties
is possible to drop the criminal proceedings.
• No person, including a specialist or a team of specialists in the field of infertility,
shall conduct or aid in conducting sex selection on any tissue, embryo, conceptus,
fluid or gametes derived from either or both of them.
• Any person conducting ultrasonography on a pregnant woman shall give a
declaration on each report on ultrasonography that she/ he has neither detected
nor disclosed the sex of foetus of the pregnant woman to any body.
Advocacy is the promotion of public debate and influencing of the public opinion on
a particular issue on a sustained basis through various audiences and channels. Advocacy
consists of reaching out to all key partners, institutions of civil society, community
groups and leaders who could act as change agents. It is not a one-way approach of
prescribing specific behaviours to people. Rather, it enables people to be part of the
decision-making process and helps development of sustainable policies and
programmes. Advocacy is needed not just to change policies and laws but to generate
action where favourable policies exist but are not put in to action. In line with this
broad defmition, the following suggestions are given for advocacy towards elimination
of the practice of female foeticide:-
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• Political will and public opinion are important preconditions for sustained
campaign against female foeticide. The elected representatives can provide
leadership in acknowledging the existence of the problem, to speak out on it and
implement policies to correct it.
• Discussing female foeticide as a human right and development issue and not
purely as women's issue.
• Discussing the issue of female foeticide in meetings, formal and informal including
public meetings, committee meetings and party meetings. Utilizing the feedback
received during such meetings in the process of policy formulation and
programme development.
• Sharing views and perceptions with other representatives to identify common
concerns as well as differences. Mentioning the issue of female foeticide in party
programmes and election manifestoes.
• Bringing about coordination among government departments and projects related
to female foeticide.
• Interfacing with the enforcing authorities and policy makers for the effective
implementation of PNDT Act and other legislations concerning the rights of
girls,empowerment of women and their political participation in decision making.
• Allgovernment programmes for the welfare of the girl child and women should
be implemented vigorously to reduce and eliminate gender bias.
• Increased cooperation between government and NGOs to stop the evil practice
of female foeticide. NGOs to generate awareness and public opinion. Cooperation
of NGOs in listing and enumerating the premises where medical termination of
pregnancy are being performed.
• Enforcing registration of births, deaths and pregnancy by all public and private
hospitals.
• Population policies should endeavor to attain a demographic transition to lower
fertility rates with gender equity. The current emphasis solely on population
stabilization would lead to a serious decline in child sex ratio in other parts of
the country also.
• Efforts need to be ~ade to mobilize political, religious, cultural, administrative
and community support for campaign against female foeticide.
• Gender discrimination is the core issue. Political, legislative and development
policies needs to be further reexamined to eliminate gender disparity and
discrimination.
• Convergence with media is essential and constant feedback should be provided
to the media to highlight the positive efforts undertaken by both individuals and
organisations in elimination of this practice.
• Importance to have the medical practitioners as allies in the process. Ethical
guidelines are there but following them is low.
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• Role of industrial associations/ regional chambers are important. Issues of female
foeticide can be taken up through the social welfare wing of their member
industries.
• Active help and cooperation from local bodies like Panchayati Raj Institutions
and urban civic bodies are vital for effective monitoring the practice of female
foeticide.
• Documentation of activities and efforts made in campaign against female
foeticide. Lessons learnt will bring the strength of different partners together to
address the issue in a more coordinated and holistic manner.
• Creation of a data base through specialized surveys and research to understand
status of girl child within a society. This can help in planning area specific strategies
fo~advocacy, policy formulation and programme intervention.
• To promote qualitative research for identifying vulnerable population and
subgroups and area specific factors linked with sex selective abortion. To promote
quantitative research for assessing the impact of sex selective abortion on various
social and demographic variables
• . Many of the concerns related to female foeticide require to be expressed together.
Holistic and integrated approach would be desirable instead of fragmented and
isolated actions.
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Plan
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