Friday, April 1, 2011

High Masculine Sex- Ratio in India–An Analysis of PNDT Act


High Masculine Sex- Ratio in India–An Analysis of PNDT Act :

The Recent provisional 2011 census report revealed that Child sex ratio drops to lowest since Independence,it has dropped to 914 females against 1,000 males,Madhu Kishwar says[1]Sick culture of preferring sons” is the reason for lower sex ratio.

 

Definition of Infanticide:

Female infanticide is the deliberate killing of girl babies. It is also described as gender-selective killing or "gendercide". (Similar words like 'gynocide' and 'femicide'  are used to describe the killing of females of any age.)[2] Female infanticide is more common than male infanticide
In sociology and biology, infanticide is the practice of intentionally causing the death of an infant of a given species by a member or members of the same species. Several species other than homo sapiens commit infanticide, particularly fish and reptiles.One perhaps surprising mammalian example is the bottlenose dolphin, which has been reported to kill its young through impact injuries.[3]
Infanticide was common in most literate ancient cultures, including those of ancient Greece, Rome, India, China, and Japan. The practice of infanticide has taken many forms, such as child sacrifice to supernatural figures or forces, as allegedly practiced in ancient Carthage Pagans in the Roman Empire had a very different view about the value of human life than we do today. Infanticide was legal and encouraged in ancient Greece and Rome. Other pagan societies, such as the Carthaginians, went so far as to kill their children as religious sacrifices to their gods[4]





"Know that I am still in Alexandria.... I ask and beg you to take good care of our baby son, and as soon as I received payment I shall send it up to you. If you are delivered (before I come home), if it is a boy keep it, if a girl, discard it."
The Qur'an on female infanticide “When the infant girl, is buried alive, is questioned, for what crime she was killed”.[Surah 81 v 8 – 9] , “You shall not kill your children for fear of want. We will provide for them and for you. To kill them is a grievous sin.”[Surah 17 v 31, The Sikhism, Hinduism, Christianity, Judaism condemned infanticide.

Baha'u'llah,founder prophet of the Baha'i Faith unequivocally asserts the spiritual equality of women and men. He states, "All should know… Women and men have been will always be equal in the sight of God," and He indicates that, "In this Day the Hand of Divine grace hath removed all distinctions. The servants of God and His handmaidens are regarded on the same plane."[5]

 

China and India have the highest rates because of sex-selective infanticide and abortion. China, where the introduction of ultrasound scans in the late 1980s has led to a birth sex ratio of 1.19 (2005 data), according to Chinese Academy of Social Sciences





Fisher's principle:

Fisher's principle is an explanation of why the sex ratio of most species is approximately 1:1. Outlined by Ronald Fisher in his 1930 book, it is an argument in terms of parental expenditure. Essentially he argues that the 1:1 ratio is the evolutionarily stable strategy.[6]
India : Sex Ratio

The Census 2011's provisional data, released on 30th March 2011 showed that the sex ratio for children below 6 years has dropped from 927 to a dismal 914 girls for every 1,000 boys.[7]



2001 Census Sex Ratio:
India                                       933
Rural                                       946  
Urban                                     900






2001 cenus  Sex Ratio Data 


State with Highest Female Sex Ratio Kerala                             1,058

State with Lowest Female Sex Ratio Haryana                            861

UT with Highest Female Sex Ratio Pondicherry                       1,001

UT with Lowest Female Sex Ratio Daman & Diu                       710

District with Highest Female Sex Ratio Mahe (Pondicherry)   1,147

District with Lowest Female Sex Ratio Daman (Daman & Diu) 591[8]

Overview of law relating to Infanticide &abortion in India: 




The Article 21 of Indian constitution provides right to life and right to privacy and the Article 6(1) of the International Covenant on Civil and Political Rights prohibit the arbitrary deprivation of life. However, under MTP Act, 1971" guarantees the Right of Women in India to terminate an unintended pregnancy by a registered medical practitioner in a hospital established or maintained by the Government or a place being approved for the purpose of this act by the Government. But not all pregnancies can be terminated. The abortion is not allowed after 20 weeks of pregnancy, unless under exceptional circumstances such as a threat to the mother’s life. Section 3 of the MTP Act contends that pregnancy can be terminated if therapeutic causes like   physical &mental abnormalities or victim of rape, failure of contraception  or risk death of pregnant women.


Section 312 &313 of Indian Penal Code


"Whoever voluntarily causes women with child to miscarry shall,if such miscarriage be caused in good faith  for the purpose of saving the life of the w omen,be punished with imprisonment of either description for a term which may extend three years or with fine and if the women be quick with child ,shall be punished with  imprisonment of either description for a term which may extend to seven years ,and shall also be liable to fine"




"Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with [ imprisonment for life] or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine"




In Roe Vs Wade by the US Supreme Court in this case the Court held that a mother may abort her pregnancy for any reason, up until the "point at which the fetus becomes 'viable.'".
In Arun Balakrishnan Iyer and Anr vs. Soni Hospital and Ors[9] , the Madras High Court held that, the removal of the uterus without the consent is actionable claim and victim is liable for compensation. But in Ms.X vs. Mr. Z and Anr,[10] the Delhi High Court held that an aborted foetus was not a part of a body of women and allowed the DNA test of the aborted foetus at the instance of the husband though the application was opposed by the wife on the ground ‘Right to Privacy”. The court held that right to privacy is not absolute right  and aborted foetus is not part of her body.


Sex-selective abortion &PNDT Act :



Female infanticide had been prohibited through legislation in the pre-independence period, certain provision like section 312 to 317of Indian Penal Code,1860, existing before India attaining independence.

It was the state of Maharashtra ,which enacted the  first law called “Maharashtra Regulation of Pre-natal Diagnostic Techniques Act, 1988”  and later ,Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act  20th September 1994 was enacted by Government of India.
Pre –natal test should be used only to detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital mal-formations or sex-linked disorders and act sought to prevent the misuse of the test for sex-determaintion, which will eventually lead to abortion of female fetus. According to UNICEF, the problem is getting worse as scientific methods of detecting the sex of a baby and of performing abortions are improving.

Amendment of PNDT


 “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. Pre-natal diagnostic techniques include all pre-natal diagnostic procedures and pre-natal diagnostic tests.

Doctor’ s unethical practices :  


 Diagnostic teams with ultrasound scanners which detect the sex of a child advertise with catch lines such as “spend 600 rupees now and save 50,000 rupees later”.

The PCPNDT Act 1994 (Preconception and Prenatal Diagnostic Techniques Act) was modified in 2003[11] to target the medical profession  The 'silent observer' device embedded in an ultrasound machine generates a log of all pregnancy tests done over a year. It feeds the personal data of patients and radio images to the main server installed at the district collector's office. The district administration uses this data to verify whether the women who went for ultrasounds continued with their pregnancies or underwent an abortion. The vigil is stricter in the case of women who have a history of delivering girls.

Cehat and Ors. vs. Union of India, AIR 2003,3309:

On 18 August 2006, the Supreme Court of India has issued notices , on a petition by a civil society organisation, Voluntary Health Association of Punjab to the Indian government and the states and union territories on a petition seeking stricter implementation of laws that ban pre-natal sex-selection tests and sex-selective abortions in India. The Supreme Court observed that the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994 (PCPNDT) that is meant to prevent female foeticide in India, has failed.[12]
For effective implementation of the Act,
a) an information should be published by way of advertisements as well as on electronic media. This process should be continued till there is awareness in public that there should not be any discrimination between male and female child

b) Quarterly reports by the appropriate authority, which are submitted to the Supervisory Board should be consolidated and published annually for information of the public at large.
c) Appropriate authorities shall maintain the records of all the meetings of the Advisory Committees.
d) The National Monitoring and Inspection Committee constituted by the Central Government for conducting periodic inspection shall continue to function till the Act is effectively implemented. The reports of this Committee be placed before the Central Supervisory Board and State Supervisory Board for any further action.
e) As provided under Rule 17(3), public would have access to the records maintained by different bodies constituted under the Act.
f) Central Supervisory Board would ensure that the following States appoint the State Supervisory Board as per the requirement of Section 16A. 1. Delhi 2. Himachal Pradesh 3. Tamil Nadu 4. Tripura 5. Uttar Pradesh.  
g) As per requirement of Section 17(3)(a), the Central Supervisory Board would ensure that the following States appoint the multi-member appropriate authorities: 1. Jharkhand 2. Maharashtra 3. Tripura 4. Tamil Nadu 5. Uttar Pradesh.It will be open to the parties to approach this Court in case of any difficulty in implementing the aforesaid directions


Ms. Archana Yadav, judicial magistrate, Ist Class , GURGAON , [Udyog Vihar police stationlimits]convicted five Gurgaon doctors Dr J L Mahajan of Palam Vihar, Dr M S Talekar, Dr D B Lal, Dr P B Lal of Sector 4 and Dr K K Saraswat of New Palam Vihar. All five have been convicted for committing offence under section 23 of Prenatal diagnostic techniques (PNDT) act and ordered rigorous imprisonment of three years with a fine of Rs 1,000 each.[13]


 
Sex Selection –Internet advertisements:



In response to a petition filed by advocates in Supreme Court of India , Google and Microsoft have pulled ads from their Web sites for gender selection products and techniques considered illegal in the country. In August ,2008, Supreme Court requested that the two companies, Google as well as Yahoo, respond to complaints made by advocates who said ads for products for gender selection, such as do-it-yourself kits, deter their work to end sex-selective abortions in the country.[14]
Steps to improve sex-ratio-challenge to Judiciary:

Ministry of Health & Family Welfare[15] has undertaken training of trainers from State Judicial Academies to train lower judiciary with the objective to sensitize the judiciary on the issue. National Inspection and Monitoring Committee (NIMC) having representatives of Department of Women & Child Development, National Commission for Women, Indian Council for Medical Research as members, undertakes periodical visits to the districts with low child sex ratio (0-6 years) to oversee the implementation of the Act at ground level and monitors the prosecutions launched against unregistered bodies and bodies violating provisions of the Act/rules and directions of the Supreme Court of India in the matter. The National Support and Monitoring Cell is being constituted as a mechanism to help Appropriate authorities in apprehending the wrong doer who are committing female foeticide/abetting female foeticide. District Magistrates have also been requested to regularly review the implementation of the Pre-conception and Pre-natal Diagnostic Techniques Act along with other health programmes in their district.
Mr. Arvind Kumar, The collector of Hyderabad district [2004-2006]has illustrated the power of the Act. Hyderabad had the lowest child sex ratio (0-6 years) in Andhra Pradesh. After taking over in ,2004 he tracked down all 389 diagnostic clinics in the city and took action. 361 ultrasound scan centres were issued notices for non- compliance with the PNDT Act. Licenses of 91 centres were cancelled. 83 machines were seized and 71 released after an undertaking and fine. Three suppliers were prosecuted for supplying machines to clinics with no registration licenses[16]
Conclusion

According to Pulitzer Prize-winning reporters for the New York Times[17], violence against women is causing gender imbalances in many developing countries. The son- preference , due to customary reasons and fear of dowry  are the main reason for female infanticide in India


  •  There is a need to sensitize general people, police, medical staff, and judiciary for effective implementation of PNDP act.
  •  There is need for vigilant district administration to check the diagnostic centre’s and their fraudulent practices, there is a need to take strict legal action Ultra sound centre’s and erring doctors.
  •  There should be awareness programs against infanticide in rural areas as, there are several instances, which were reported in media, where child killed or aborted.
  •  There are several instances in many, where bride groom are enable to find brides, because of sex-imbalances in the population.




[1] http://economictimes.indiatimes.com/news/politics/nation/census-of-india-2011-sick-culture-of-preferring-sons/articleshow/7840451.cms
[2] http://www.bbc.co.uk/ethics/abortion/medical/infanticide_1.shtm
[3] http://www.newworldencyclopedia.org/entry/Infanticide
[4] http://www.christiancadre.org/member_contrib/cp_infanticide.html
[5] http://www.pucl.org/reports/National/2001/female.htm
[6] http://en.wikipedia.org/wiki/Fisher%27s_principle
[7] http://censusindia.gov.in/, http://economictimes.indiatimes.com/news/politics/nation/census-of-india-2011-shocking-gender-bias-among-175-humanity/articleshow/7840479.cms.
[8] http://censusindia.gov.in/Census_Data_2001/India_at_glance/fsex.aspx
[9] AIR 2003 Mad 389
[10] 96 (2002) DLT 354
[11] http://www.unicef.org/india/media_3285.htm
[12]  Cehat and Ors. vs. Union of India, AIR 2003,3309, http://www.cehat.org/humanrights/caselaws.pdf
[13] http://www.tribuneindia.com/2011/20110316/haryana.htm
[14] http://www.medicalnewstoday.com/articles/122269.php
[15] http://www.mohfw.nic.in/
[16] http://www.unicef.org/india/media_3285.htm; http://www.outlookindia.com/article.aspx?230450
[17] http://wn.com/gender_imbalance?orderby=relevance&upload_time=this
[18] Indian Penal Code ,1872 ,Bare Act.

Thursday, March 31, 2011

Restatement of the Values of Judicial Life-Judges accountability


Restatement of the Values of Judicial Life-Judges Accountability:
{AS ADOPTED BY FULL BENCH OF SUPREME COURT OF INDIA ON 7TH MAY 1997}

The 16 point code stipulates:

(1) Justice must not merely be done but it must also be seen as done. The behaviour and conduct of members of the higher judiciary must reaffirm the people’s faith in the impartiality of the judiciary. Accordingly, any act of a Judge of the Supreme Court or a High Court, weather in official or personal capacity, which erodes the credibility of the perception has to be avoided.

(2) A Judge should not contest the election of any office of a Club, society or other association; further he shall not hold such elective office except in a society or association connected with the law.

(3) Close association with individual members of the Bar, particularly those who practice in the same court shall be eschewed.

(4) A Judge shall not permit any member of his immediate family to, such as spouse, son, or daughter, son-in-law, or daughter-in-law, or any other close relative, if as member of the Bar, to appear before him or even be associated in any manner with a case to be dealt with by him.

(5) No member of his family, who is a member of the Bar, shall be permitted to use the residence in which the judge actually resides or other facilities for professional work.

(6) A Judge should practise a degree of aloofness consistent with the dignity of his office.

(7) A Judge shall not hear and decide a matter in which a member of his family, a close relation or a friend is concerned.

(8) A Judge shall not enter into a public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination.

(9) A Judge is expected to let his judgement speak for themselves. He shall not give interview to the media.

(10) A Judge shall not accept gifts or hospitality except from his family, close relations and friends.

(11) A Judge shall not hear and decide a matter in which a company in which he holds shares is concerned unless he has disclosed his interest and no objection to his hearing and deciding the matter is raised.

(12) A Judge shall not speculate in shares, stocks or the like.

(13) A Judge should not engage directly or indirectly in trade or business, either by himself or in association with any other person. (publication of a legal treaties or any activity in the mature of a hobby shall not be constructed as trade business).

(14) A Judge should not ask for accept contribute or otherwise actively associate himself with the raising of any fund for any purpose.

(15) A Judge should not seek any financial benefit in the form of a perquisite or privilege attached to his office unless it is clearly available. Any doubt in this behalf must be got resolved and clarified through the Chief Justice.

(16) Every Judge must at all times be conscious that he is under the public gaze and there should be no act or omission by him which is unbecoming of the high office he occupies and the public esteem in which the office is held.


Monday, March 28, 2011

CRIMES AGAINST WOMEN -LEGAL REMEDIES

 CRIMES AGAINST WOMEN -LEGAL REMEDIES

Overview of Laws relating to Women [Criminal laws]

  1. Commission of Sati (Prevention) Act, 1987
  2. Dowry Prohibition Act, 1961
  3. Indecent Representation of Women (Prohibition) Act, 1986
  4. National Commission for Women Act, 1990
  5. Protection of Women from Domestic Violence Act, 2005
  6. Immoral Traffic (Prevention) Act, 1956
  7. Protection of Women against Sexual Harassment at Workplace Bill, 2010        
  8. Prohibition of Child Marriage Act, 2006
  9. Protection of Civil Rights Act, 1955
  10. Protection of Human Rights Act, 1993
  11. Protection of Human Rights (Amendment) Act, 2000
  12. Protection of Human Rights (Amendment) Act, 2006
  13. Medical Termination of Pregnancy Act, 1971
  14. Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994
  15. Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Amendment Act, 2001
  16. Information Technology Act, 2000
  17. Indian Penal Code ,1872
  18. Criminal procedure Code,1973
  19. Indian Evidence Act ,1872
  20. Criminal Law Amendments 
Sexual Assault &other crimes:
  • Every woman has a right to take legal action against any person who assaults or tries to outrage her modesty by any deliberate constant gesture or physical force (Sec. 354 of IPC).
  • Every woman has a right to lodge a complaint in the police station, if she is forced to have sexual intercourse against her will (Sec. 376 of IPC).
  • A woman has the right to lodge a complaint if she is being harassed, eve teased and passed rude remarks in public places like buses, trains, roads etc. (Sec. 354 of IPC).
  • If a woman has been kidnapped and either forced against her will to marry any person or to have sexual intercourse, a crime has been committed and she has the right to lodge a complaint. (Sec. 366 of IPC). Kidnapping & Abduction (Sec. 363-373 IPC) 
  • Every women has right to lodge complaint for abuse &eve teasing under (Sec. 509 IPC]&intimidation[Sec 506 IPC]
  • The Indecent Representation of Women (Prohibition) Act was enacted  to prohibit indecent representation of women through advertisements or in publications, writings, paintings
  • The Immoral Traffic (Prevention)] Act, 1956 was enacted prevent trafficking of women for sexual exploitation or abuse.
  • Commission of Sati (Prevention) Act, 1987 was enacted to prevent widow burning after the death of her husband.
  • Female feticide & Infanticide ;deliberate killing of girl children and women and the overwhelming preference for male children in India, it is recently that this trend has been termed as genocide or a holocaust.It is offence under  under MTPAC&PNDT Act; Causing miscarriage with out consent of women is an offence under Sec -313 of IPC.
  • Every women ,who receive obscene mail,threatening mail,her photos or morphed photos posted in website,receives vulgar SMS etc can lodge complaint under the provisions of IPC and IT Act. to concern and nearest cyber police    wing.
  • If girl or women attempts suicide or committed suicide due to sexual abuse or harassment or stalking,accused can be booked under abatement to suicide  [Sec 306 IPC]
  • If girl or women is victim of  acid attack,attempt to murder[sec 307 IPC] charges ought to be framed.
  • Every married women has right to complaint against husband for bigamy [contacting second marriage ]  [Sec-494 IPC]  
Dowry Harassment
  • Every woman has a right to take legal action against her husband if she is being tortured both physical and mentally or tortured for not agreeing to the demand of money or valuables (Sec. 498 (A) of IPC).
  • If the relations of the husband of a woman or her mother-in-law or any other relatives, torture her and demand money, valuable articles from her parents, she can lodge a complaint against them. (Sec. 498(A) of IPC).
  • The Dowry prohibition was enacted in 1961 and in  1985, the Dowry Prohibition (maintenance of lists of presents to the bride and bridegroom) rules were framed to address the issue of dowry.


Domestic Violence: 
  • ·Every woman [married or live- in relationship] has a right to lodge under Prevention of Women from Domestic Act,2005. The PWDVA is a Civil law meant to protect and provide support to victims of domestic violence. Under the Act, the aggrieved woman can seek various reliefs such as protection order, residence order, custody order, compensation order, monetary reliefs, shelter and medical facilities. The aggrieved woman can also file a complaint under Section 498A of IPC, depending upon the facts.
  • She can directly lodge complaint to protection officer appointed under provisions of DV Act or concern Magistrate or complain can be lodged through women’s organization[service provider]  

Work Place Harassments
  • Protection of Women against Sexual Harassment at Workplace Bill, 2010[pending]; the bill makes it mandatory that every institution [private or government] to set up enquiry committee to look into the complaints of sexual harassment at the work place by co-workers or bosses.
  • If any person demands or requests for sexual favors, passes sexually colored remarks, or verbally or non-verbally conducts himself in a sexual manner to the woman at her work place, then she has the right to complain against this harassment to her employer and the complaint would be lodged through as per procedure/guidelines of the Supreme Court. (Supreme Court judgment in Writ Petition No-666-700 of 1992 in Vishaka and others Vs State Of Rajasthan).
  • The National Commission for Women framed guidelines: a Code of Conduct for employers
Criminal Procedure Code :
  • A woman should not sign the FIR unless she is satisfied that it is accurate. (National Commission for women).
  • A woman if she is a witness has a right to be examined in her own house in the presence of her close relatives (Sec.160 of Cr.P.C.).
  • If the officer concerned refuses to register the FIR, a copy of the complaint should be sent to the Superintendent of Police immediately ( N.C.W.)
  • Every woman has the right to take legal action by approaching the Court if the officer in charge does not take any action on the complaint (N.C.W.)
  • The arrest of  accused women in night should be avoided.
  • Only women police should handle  the arrest of women.
Special Courts for Women:
  • Special Courts like Mahila M.M Court/Mahila Session Court were established to prosecute the offenders for the crimes related to women like Dowry death, harassments, rape etc. in Metropolitan areas and towns.
  • The Family Courts were established to redress the grievances related to matrimony like Divorce, Maintenance, and Child Custody in big towns.

Special Women Police Station

Special Women Police station& Protection cell were established to address the grievances of victims ;the cases of eve-teasing, stalking ,dowry harassment & cruelty kidnapping, abduction, forceful marriage ,child abuse, rape & sexual abuse, trafficking for prostitution, normally  handled by Women Police station. Where, no women police station exists, existing police station will handle cases.

National Commission &State Commission for Women :

  • National Commission for Women Act, 1990 was enacted to establish National Women Commission for redressal of women problems and act as advisory body to Government of India.

  • State Women Commission has been established by various state governments under state enactment. 


Note :This informative piece of article has been prepared

from various web sources,Bare acts and NCW website

Total Pageviews

Follow by Email

Blogadda

BLOGGED

Gadget

This content is not yet available over encrypted connections.

LAW AND SOCIETY