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Sex Selective Abortion in India: An analysis of the PNDT Act and it's future course

Author: Kushang, Student, Himachal Pradesh National Law University, India

Abstract

“No girl-so, no mother- ultimately no life”. This has been rightly said that girls are the life givers and if we don’t let them live then ultimately there will be no life. But, practices like sex selective abortion has contributed negatively to the females. A practice, more famous in India has led us to a very low sex ratio of 940 females per 1000 males according to the census conducted in 2011. In states like UP, it is further low ratio of 908 females per 1000 males. Although the Government of India enacted the Prenatal Diagnostic Techniques (PNDT) (Regulation and Prevention of Misuse Act) 1994 to deal with the situation which was later amended in 2002 and renamed Pre-Conception and Pre-natal Diagnostic Techniques (PCPNDT) (Prohibition of Sex Selection) Act. The act provides for the prohibition of sex selection, before or after conception, and for the regulation of pre-natal diagnostic techniques for the prevention of their misuse for sex determination leading to female foeticide. Still, the main problem in implementation is that in majority of the cases, both the service providers and the service seekers operate in agreement to defeat the provisions of the Act. For this, research has been carried out and data analysed with doctrinal approach. The paper focusses on the practice of sex selective abortion in India. The paper also lays down the causes of practicing the sex selective abortion In India and discusses the arguments for and against such practice by taking into consideration both the doctors and the activists. The paper also deals with the PCPNDT Act and critically examines its implementation. The paper also suggests ways for a better implementation of the act. With the no. of missing women, it has become important for the nation to take a serious note of the condition.


Keywords: Selective Abortion in India, Pre-Conception and Pre-natal Diagnostic Techniques (PCPNDT) Act, Female Foeticide, Sex Ratio.

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