Code Of Ethics Regulations, 2002


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Code Of Ethics Regulations, 2002

  2. 2. What is female feticide? <ul><li>Female feticide is a practice that involves the detection of the sex of the unborn baby in the womb of the mother and the decision to abort it if the sex of the child is detected as a Girl. This could be done at the behest of the mother, or father, or both or under family Pressure. This detection of the sex of the baby is done through three methods: </li></ul><ul><li>Amniocentesis; </li></ul><ul><li>(b) chronic villus sampling and </li></ul><ul><li>(c) ultrasonography. </li></ul>
  3. 3. Female infanticide <ul><li>the intentional killing of baby girls due to the preference for male babies and from the low value associated with the birth of females.&quot; </li></ul><ul><li>active methods undertaken to eliminate baby girls soon after birth, fed milk laced with the sap from poisonous plants or pesticides, given paddy (rice with its husk) to swallow, which will slit their throats, fed salt to increase their blood pressure, stuffed in clay pots, </li></ul><ul><li>neglect and discrimination leading to death </li></ul>
  4. 4. Son preference is one of the most evident manifestations of gender discrimination in our society. The use of advanced medical science and technology has made sexual discrimination and the elimination of female babies even before birth an invisible deed
  5. 5. medical practitioners <ul><li>posses the skill and expertise to use these technologies and are also economically benefiting from them by their misuse. </li></ul><ul><li>not only violate the law but also the professions own code of ethics and conduct, </li></ul><ul><li>breach of human right TO LIFE as far as women are concerned. </li></ul><ul><li>breach of the right to equality and existence of women </li></ul>
  7. 7. laws to protect the rights of women <ul><li>The Anti-dowry Law:IPC 498A. Husband or relative of husband of a woman subjecting her to cruelty. </li></ul><ul><li>Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. </li></ul>
  8. 8. <ul><li>Explanation- For the purpose of this section, &quot;cruelty&quot; means- </li></ul><ul><li>    (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or </li></ul><ul><li>harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand </li></ul>
  9. 9. <ul><li>The life of a woman in India is often marked by such disrespect that some feel it is better for the family, and even for the baby girl, that she not be born. Perhaps the greatest factor in this is the practice of dowries. One slogan of the female feticide industry is &quot;better 500 rupees now [for an abortion] rather than 50,000 rupees later [for a dowry].&quot; </li></ul><ul><li>the groom's parents take possession of the dowry and do not set any of it aside for the bride's future use. </li></ul><ul><li>bride's family's responsibilities extend to further supporting the new family in substantial ways, beyond the initial dowry </li></ul><ul><li>brides have been rejected by the groom's families and even killed because their families did not meet the groom's family's expectations for dowry </li></ul><ul><li>act as disincentives for Indian families to permit their girl babies to be born </li></ul>
  10. 10. THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 NO. 43 OF 2005 <ul><li>any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - </li></ul><ul><li>(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or </li></ul><ul><li>(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or </li></ul><ul><li>(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. </li></ul>
  11. 11. THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 <ul><li>Child marriages to be voidable at the option of contracting party being a child. - (1) Every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage: </li></ul><ul><li>Punishment for solemnising a child marriage. </li></ul><ul><li>Whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage. </li></ul>
  12. 12. Section 312 of the Indian Penal Code <ul><li>offence of 'causing miscarriage' as follows &quot;whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to 3 years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine. </li></ul>
  13. 13. Section 315. Act done with intent to prevent child being born alive or to cause it to die after birth <ul><li>Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both. </li></ul>
  14. 14. Section 316. Causing death of quick unborn child by act amounting to culpable homicide <ul><li>Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. </li></ul><ul><li>Illustration. A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die, but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. </li></ul>
  15. 15. The Medical Termination Of Pregnancy Act, 1971 <ul><li>a pregnancy, may be terminated by a registered medical practitioner </li></ul><ul><li>(a) Where the length of the pregnancy does not exceed 12 weeks if such medical practitioner is, or (b) Where the length of the pregnancy exceeds 12 weeks but does not exceed 20 weeks, if not less than 2 registered medical practitioners are of opinion, formed in good faith that </li></ul>
  16. 16. <ul><li>1: The continuance of the pregnancy would involve a risk to the life of the pregnant women ;or 2: A risk of grave injury to the her physical or mental health ;or 3: If the pregnancy is caused by rape; or 4: There exist a substantial risk that, if the child were born it would suffer from some physical or mental abnormalities so as to be seriously handicapped; or 5: Failure of any device or method used by the married couple for the purpose of limiting the number of children; or 6; Risk to the health of the pregnant woman by the reason of her actual or reasonably foreseeable environment. The Act does not permit termination of pregnancy after 20 weeks </li></ul>
  17. 17. <ul><li>registering a case under the archaic Section 213 of the Indian Penal Code of 1860 (though it has been superseded by the Medical Termination of Pregnancy Act, 1971, which legalizes abortion) shifts the focus from sex-determination - which is the crime - to abortion, which is not a crime. </li></ul><ul><li>sex selection is NOT one of the grounds mentioned, under which an abortion can be carried out. Right to abortion is an individual right. A woman has the right to abort any fetus but not to abort a female fetus on the ground that it is a female </li></ul>
  18. 18. sex selection is NOT one of the grounds mentioned,under which an abortion can be carried out. Right to abortion is an individual right. A woman has the right to abort any fetus but not to abort a female fetus on the ground that it is a female .
  19. 19. Following people can be charged under the Act <ul><li>everyone running the diagnostic unit for sex selection, </li></ul><ul><li>those who perform the sex selection test itself, </li></ul><ul><li>anyone who advertises sex selection, </li></ul><ul><li>mediators who refer pregnant women to the test, and </li></ul><ul><li>Relatives of the pregnant woman. The pregnant woman is considered innocent under the Act, “unless proved guilty”. </li></ul>
  20. 20. 13 years since the enactment of the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994. <ul><li>350 cases filed under the Act.  </li></ul><ul><li>226 are for running a diagnostic clinic without registration, </li></ul><ul><li>26 are for not maintaining accounts. </li></ul><ul><li>Just 37 are for communicating the sex of the fetus, </li></ul><ul><li>27 for advertising sex selection. </li></ul><ul><li>first conviction with a prison term was ordered on March 28, 2006, when a doctor and his assistant were sentenced to two years in prison and Rs 5,000-fine in Palwal, Haryana. </li></ul>
  21. 21. difficulties in implementing the laws <ul><li>The pregnant women level </li></ul><ul><li>THE FAMILY LEVEL </li></ul><ul><li>THE DOCTOR LEVEL </li></ul><ul><li>The state level </li></ul><ul><li>The advocacy level </li></ul><ul><li>The judiciary level </li></ul>
  22. 22. The pregnant women level <ul><li>The right to bodily integrity, defined as the inalienable right of women to have control and autonomy over their bodies . </li></ul><ul><li>Access to reproductive and genetic technologies has indeed provided women with expanded choice as well as numerous benefits with regard to reproductive decision-making. </li></ul><ul><li>unregulated provision and use of reproductive technologies has served to create new challenges and exacerbate gender-based inequities. </li></ul>
  23. 23. <ul><ul><ul><ul><ul><li>The law understands the pressure </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>under which a woman is forced to get her </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>daughters eliminated to ensure her </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>own survival and dignity. </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>It takes a sympathetic view of the mother </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>who is forced to seek the death of </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>her own child by the perverse obsession </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>of her family and community with </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>having a male heir. </li></ul></ul></ul></ul></ul>
  24. 24. <ul><li>The law understands this and says so, but the law keepers have not been as charitable to women. In Nawanshahar district of Punjab, the law was turned upside down — a mother forced to lose her own daughters thanks to a society hostile to the girl child, came at the receiving end of the law. </li></ul><ul><li>The collector of the district, one of the handfuls in the whole country who have considered it necessary to implement the Act to prevent female feticide, has been targeting women. </li></ul><ul><li>At least six cases have been registered against mothers so far, while doctors for whom ultra sound machines have opened doors of a money-making industry face no danger from the PNDT Act here. </li></ul><ul><li>The irony of the situation was that the Collector of Nawanshahar sincerely wanted to find solutions to the problem of female feticide. He said that he was quite helpless as the women always wanted to please their husbands rather than abide by the law and inform the administration about pressure to commit female feticide. </li></ul>
  25. 25. THE FAMILY LEVEL- <ul><li>a man has to be reborn as a man to attain moksha (redemption ) </li></ul><ul><li>A man cannot attain moksha unless he has a son to light his funeral pyre. </li></ul><ul><li>a woman who gives birth to only daughters may be left in the eleventh year of marriage </li></ul><ul><li>Parents expect sons—but not daughters—to provide financial and emotional care, </li></ul>
  26. 26. <ul><li>sons add to family wealth and property while daughters drain it . </li></ul><ul><li>sons continue the family lineage while daughters are married away to another household . </li></ul><ul><li>sons perform important religious roles; </li></ul><ul><li>sons defend or exercise the family’s power , while daughters have to be defended and protected </li></ul><ul><li>Dowry also serves as an economic incentive to have sons just as it serves as a disincentive to have daughters. </li></ul><ul><li>The women are looked down upon </li></ul>
  27. 27. Additional Sessions Judge Ravinder Kaur in famous Katara murder case <ul><li>a case of “honor killing and one borne out of a &quot;prevalent gender bias&quot; because Bharti Yadav exercised her own discretion in choosing her male partner”. </li></ul><ul><li>The motive for Nitish's murder can thus be better understood in the context of the socio-cultural framework of society where in some sections from birth...they are kept unaware of their rights and made to play a subordinate role to their brothers,&quot; </li></ul><ul><li>Since Bharti made an independent decision to choose her partner, it wasn't acceptable to her brothers who then killed the man she loved, the court reasoned, adding, &quot;It isn't digested by elder males of the family like brothers (in such sections of society) that a female exercises her right to choose a male partner of her own choice which often leads to shocking and macabre consequences.&quot; </li></ul>
  28. 28. <ul><li>The last, but not the least, may be the latest trend of having preference for a small family of one son and one daughter. The petition filed by one Shri Vinod Soni and his wife in early 2005, is on the grounds that as father of boys they have the fundamental right to a balanced family and therefore choose to select and conceive a female baby. </li></ul>
  29. 29. Impact of market-driven globalization <ul><li>With shrinking employment opportunities, more and more women are forced to take up poorly paid work in the unorganized sector, </li></ul><ul><li>The economic insecurity of women also increases the vulnerability of women to various forms of social and domestic violence. </li></ul><ul><li>The presence of young girls in the family becomes a source of parental worry. </li></ul><ul><li>In stark contrast to the fact that women are actually taking on greater and greater economic burdens in increasingly adverse circumstances, the cultural perception that they are a burden is being reinforced. </li></ul><ul><li>The practice of dowry, once confined to upper-caste and prosperous families, extending across all classes, castes and communities. The exchange of gifts is no longer restricted to the time of marriage; the girl’s parents are expected to provide a steady stream of cash and/or other items to her matrimonial family. </li></ul>
  30. 30. <ul><li>Corrupt politicians provide the social </li></ul><ul><li>sanction for such vulgar display of wealth. </li></ul><ul><li>Hapless parents are forced to borrow at </li></ul><ul><li>exorbitant rates of interest. This in turn leads to </li></ul><ul><li>the specious argument that it is better </li></ul><ul><li>to spend money to illegally abort a female </li></ul><ul><li>fetus than be burdened for life with a girl. </li></ul>
  31. 31. Code of Ethics Regulations, 2002 (Published in Part III, Section 4 of the Gazette of India, dated 6th April,2002) MEDICAL COUNCIL OF INDIA NOTIFICATION New Delhi, dated 11th March, 2002
  32. 32. CHAPTER I 1. CODE OF MEDICAL ETHICS <ul><li>1.1.2 The prime object of the medical profession is to render service to humanity; reward or financial gain is a subordinate consideration . Who- so-ever chooses his profession, assumes the obligation to conduct himself in accordance with its ideals. A physician should be an upright man, instructed in the art of healings. He shall keep himself pure in character and be diligent in caring for the sick; he should be modest, sober, patient, prompt in discharging his duty without anxiety; conducting himself with propriety in his profession and in all the actions of his life. </li></ul>
  33. 33. 1.7 Exposure of Unethical Conduct: A Physician should expose, without fear or favour, incompetent or corrupt, dishonest or unethical conduct on the part of members of the profession . 1.8 Payment of Professional Services: The physician, engaged in the practice of medicine shall give priority to the interests of patients. The personal financial interests of a physician should not conflict with the medical interests of patients.
  34. 34. 1.9 Evasion of Legal Restrictions: The physician shall observe the laws of the country in regulating the practice of medicine and shall also not assist others to evade such laws. He should be cooperative in observance and enforcement of sanitary laws And regulations in the interest of public health. A physician should observe the provisions of the State Acts like Drugs and Cosmetics Act, 1940;Pharmacy Act, 1948; Narcotic Drugs and Psychotropic substances Act, 1985; Medical Termination of Pregnancy Act, 1971; Transplantation of Human Organ Act, 1994; Mental Health Act, 1987; Environmental Protection Act, 1986 Pre–natal Sex Determination Test Act, 1994 Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954; Persons with Disabilities (Equal Opportunities and Full Participation) Act, 1995 and Bio-Medical Waste (Management and Handling) Rules, 1998 and such other Acts, Rules, Regulations made by the Central/State Governments or local Administrative Bodies or any other relevant Act relating to the protection and promotion of public health .
  35. 35. DUTIES OF PHYSICIAN TO THE PUBLIC AND TO THE PARAMEDICAL PROFESSION <ul><li>5.1 Physicians as Citizens: Physicians, as good citizens, possessed of special training should disseminate advice on public health issues. They should play their part in enforcing the laws of the community and in sustaining the institutions that advance the interests of humanity. They should particularly co-operate with the authorities in the administration of sanitary/public health laws and regulations. </li></ul>
  36. 36. 6. UNETHICAL ACTS : <ul><li>6.6 Human Rights: The physician shall not aid or abet torture nor shall he be a party to either infliction of mental or physical trauma or concealment of torture inflicted by some other person or agency in clear violation of human rights. </li></ul>
  37. 37. MISCONDUCT : <ul><li>7.6 Sex Determination Tests: On no account sex determination test shall be undertaken with the intent to terminate the life of a female foetus developing in her mother's womb, unless there are other absolute indications for termination of pregnancy as specified in the Medical Termination of Pregnancy Act, 1971. Any act of termination of pregnancy of normal female foetus amounting to female foeticide shall be regarded as professional misconduct on the part of the physician leading to penal erasure besides rendering him liable to criminal proceedings as per the provisions of this Act </li></ul>
  38. 38. DECLARATION <ul><li>I solemnly pledge myself to consecrate my life to service of humanity. </li></ul><ul><li>Even under threat, I will not use my medical knowledge contrary to the laws of Humanity. </li></ul><ul><li>I will maintain the utmost respect for human life from the time of conception. </li></ul><ul><li>I will not permit considerations of religion, nationality, race, party politics or social standing to intervene between my duty and my patient. </li></ul><ul><li>I will practice my profession with conscience and dignity. </li></ul><ul><li>The health of my patient will be my first consideration. </li></ul><ul><li>I will respect the secrets which are confined in me. </li></ul><ul><li>I will give to my teachers the respect and gratitude which is their due. </li></ul><ul><li>I will maintain by all means in my power, the honour and noble traditions of medical profession. </li></ul><ul><li>I will treat my colleagues with all respect and dignity. </li></ul><ul><li>I shall abide by the code of medical ethics as enunciated in the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002. </li></ul><ul><li>I make these promises solemnly, freely and upon my honour. </li></ul>
  39. 39. <ul><li>No associations of medical professionals have taken a strong stand curbing the unethical use of diagnostic procedures. They have fought only as lobbies to control their commercial interests. The fact is that providers have benefited from promoting the technology for decades. Doctors have even gone to court against the law. Who is too complain- the fetus is no longer there, the parents want it, and doctors earn from it. </li></ul><ul><li>There have also been efforts to shift the focus from the medical profession’s unethical practices to addressing the social demand for sex selection. </li></ul>
  40. 40. <ul><li>With growth in the number of clinics and easy availability of these tests there has been a corresponding drop in the price of obtaining a test, something between Rs 500-1000 though some have pointed out that recent efforts to ensure effective implementation of the ban on SD has served to double the cost of clandestine SD tests. Where there is demand, supply is bound to be there, the more laws against it, the more will costly it may become, but then sex ratios are lowest in rich and educated strata. </li></ul>
  41. 41. <ul><li>There is a correlation between the number of sonography centers in a district and the sex ratio there </li></ul><ul><li>There is a clustering of sonography centers. In Maharashtra 78% of clinics were in Mumbai, Pune, Nashik, Sangli and Kohlapur. In Karnataka, clinics are concentrated in Bangalore, Belgaum, Mysore and Gulbarga, out of 27 districts. </li></ul><ul><li>Many centers – especially mobile units – are owned by doctors not trained in allopathic medicine. At a number of centers neither the owner nor main operator were qualified to do scans. A significant proportion were mobile or “on call” units that can be taken to remote areas. </li></ul>
  42. 42. <ul><li>O ften doctors who admit to providing SD claim they do it as a result of client pressure. They cite instances when they have refused tests and been labeled ‘bad’ doctors which in turn affects their practice. Many others have argued that they are in fact doing a good deed by preventing the birth of a female infant who will subsequently be the victim of gender-based violence </li></ul>
  43. 43. The state level <ul><li>The implementing agencies often point out that there is not enough staff. </li></ul><ul><li>Another problem is that the appropriate authorities don’t know their functions and responsibilities. </li></ul><ul><li>And when they’re trained in their work, they get transferred . For example, in Rajasthan, an NGO which trained over 125 appropriate government authorities found a year later, when reviewing their work, that all but 35 of them had been transferred. </li></ul><ul><li>The local people do not know much about the appropriate authority and how to approach them. </li></ul><ul><li>There is a strong nexus between the big hospitals and the politicians and the other mafias due to which there is a strong opposition to the cases being filed against big hospitals. The staff at the appropriate authority are afraid to file charges against these hospitals, and often when the charges are pressed they are withdrawn under the pressures of threats </li></ul><ul><li>Powerful doctors’ lobby renders their actions null and void. Clinics that have been sealed for breaking the law have been re-opened for practice within a few days. Lawbreakers have got away after paying fines of just Rs 1,000. </li></ul><ul><li>widespread corruption </li></ul><ul><li>Nobody is ready to take the responsibility of the security of witnesses and women who want to come forward to complain. As many of the clinics belong to or are under the care of mafias, women are afraid to come forward and complain against them. </li></ul><ul><li>The mindset of many of the law enforcers also does not want to accept a women complaining against her husband and in laws. They do not want to make that a trend . </li></ul>
  44. 44. Advocacy <ul><li>Advocacy is the promotion of public debate and influencing the public opinion on a particular issue on a sustained basis through various audiences and channels. Advocacy means, in a way, reaching out to all key partners, institutions of civil society, community groups and leaders who could act as 'change agents'. A successful advocacy campaign is the one which addresses the root cause of a social issue; in this case, the issue is female feticide. </li></ul>
  45. 45. The advocacy level <ul><li>TOO MUCH AROUND TOO LITTLE-almost all the energy and the money is going into the campaigning. </li></ul><ul><li>Repetition in all the campaigning. The same campaigning is being done in the same target group </li></ul><ul><li>No support groups to help a women who wants to fight against her family and the corruption in the system to save her daughters </li></ul><ul><li>Even in the deep mindset of some of the campaigners they are not ready to accept any women going against her husband and in laws. They are very active till it comes to speaking to media (which is I agree a very important part of the struggle), or conducting raids on the clinics. But when it comes to supporting the women, they are afraid to set the trend of women revolting against husbands and in laws. </li></ul><ul><li>Though the number of campaigners and campaigning is good enough, but the target group is often wrongly selected. </li></ul><ul><li>There are not enough support groups for a woman to go to if she wants to give birth to her daughters against the wishes of her husband and in laws. </li></ul><ul><li>The government and the devoted social activists have to realize that it is not easy for a Indian women to step out of her home and complain against her husband and in laws to begin with, powerful lobby of doctors as well as the system and the mindset. She needs a lot of support in doing so, which is practically almost non existent. </li></ul>
  46. 46. <ul><li>The judiciary in India observed 2007 as the Awareness Year of Female Feticide and decided to deal in a strict manner with those responsible for this crime, former Chief Justice Y.K. Sabharwal had declared while delivering his presidential address at a state-level seminar on &quot;Eradication of Female Feticide&quot;, jointly organized by the Punjab Department of Health and Family Welfare and Punjab Legal Services Authority. The law can play an important role in checking this menace of female feticide, he added. Warning the medical fraternity, he said there ought to be stricter control over clinics that offer to identify the sex of a fetus and a stronger check on abortions to ensure that these are not performed for the wrong reasons. Doctors must also be sensitized and strong punitive measures must be taken against those who violate the law, he asserted. </li></ul>
  47. 47. The judiciary level- <ul><li>First, the crime takes place behind closed doors, and with the involvement of both parties (the doctor motivated by money, and the woman coerced by family and social pressure). </li></ul><ul><li>Evidence for a legal case is difficult to put together and there may be limitations to the use of circumstantial evidence and decoys to pin a case on a doctor. </li></ul><ul><li>The sex selection industry is run by a guild of medical professionals who have, so far, shown little inclination in putting their house in order – and the authorities are apparently not taking them on.   </li></ul><ul><li>There is a need to tread carefully to ensure that opposing sex selection does not undermine women’s right to abortion. </li></ul><ul><li>Long time in prosecution – by the time the case comes to the court, many witnesses have either changed their statements or have become hostile may be due to corruption or fear for their lives. </li></ul>
  48. 48. What is working <ul><li>CAMPAIGNING there is a lot of campaigning which is going on, and perhaps it will change the views of some of the people, but it won’t hold unless some solid steps are taken to raise the status of the girl child. You and me telling the people not to kill their daughters won’t make much difference until we also are able to eradicate their fear of dowry, and other crimes against women. </li></ul>
  49. 49. 'Jayalaitha Protection Scheme for the Girl Child'. <ul><li>In 1992, the Chief Minister of Tamil Nadu enacted the 'Jayalaitha Protection Scheme for the Girl Child'. &quot;Under its provisions, a poor family with one or two girls and no sons would be eligible for monetary incentives if one parent agreed to be sterilized. Money given in the name of the infant girl would be held in a fixed deposit account until she reached twenty-one years of age&quot; </li></ul>
  50. 50. 'Cradle Babies' scheme <ul><li>that families abandon their unwanted female infants in cradles set up in government health centers, rather than kill them.these daughters can than be adopted in families where there is no discrimination. </li></ul>
  51. 51. STING OPERATIONS <ul><li>the best proof can come from a pregnant woman who visits a doctor, asks for a sex detection test and then testifies against the doctor. There does not seem to be any alternative to the use of decoys. There are limits to the quality of evidence from clinic records alone. But again there is a chance that these decoys may be threatened by people who have intrest in running the industry. </li></ul>
  52. 52. 'Meri Beti, Meri Shakti' (My Daughter, My Strength). <ul><li>CSR and the Ministry of Health and Family Welfare recently launched a campaign - 'Meri Beti, Meri Shakti' (My Daughter, My Strength). Besides booking doctors and quacks involved in the crime, CSR is also planning to hold educational programmes in order to reach out to the people. &quot;We need to change people's mindsets,&quot; reiterates sociologist Dr Punita Panigrahi. &quot;They need to be told that the systematic and institutionalized practice of sex selection is murder.&quot; </li></ul>
  53. 53. <ul><ul><li>rewarding panchayats whose sex ratios improve. The problem, as noted by participants at one recent meeting, is that this can encourage the manufacture of data. </li></ul></ul><ul><ul><li>“ ladli scheme” in which financial help is given to couples with daughters, with an annual income of less than I Lakh rupees. </li></ul></ul><ul><li>There are pros and cons against this scheme too. </li></ul><ul><ul><ul><li>Pros- it may encourage some couples to keep daughters </li></ul></ul></ul><ul><ul><ul><li>It may raise the education level and hence an overall increase in the status of women </li></ul></ul></ul><ul><ul><ul><li>Cons- it commercializes the love of parents towards daughters </li></ul></ul></ul><ul><ul><ul><li>Sex ratio is lowest among the educated and rich strata of people who are unlikely to benefit from this scheme. </li></ul></ul></ul>
  54. 54. INDIAN RED CROSS SOCIETY-BHIWANI DISTRICT <ul><li>It is an illusion that if the fig tree is cut, if anybody takes a false vow in temple or hurt anybody it will be sinful. This illusion has not been coming for hours, for days, for months or for years but it has been coming for centuries. In modern time a great quarrel or disputation is solved among village assembly or on their religious place by taking a true vow front of the God or Deity. A thousand years ago, among these illusions, there was an illusion of pouring Sault in a small metal pot which was the symbol of being firm (steadfast), to take true vow. Old people still consider the tradition of pouring Sault in a small metal pot. By giving a new form of social movement to this tradition, a famous artist and secretary of Red Cross Society Bhiwani, Mr. Shyam Sunder Sharma has taken the responsibility, who goes village to village and city to city with taking a small metal pot. To let the wedding couple take a vow to stop female feticide by pouring Sault in small metal pot. This pot is made in a special form which is given to Mr. Shyam Sunder Sharma by the world famous founder of saint art of living Shri Ravishankar, to let the people take true vow to stop female feticide. </li></ul>
  55. 55. “ Pour Salt in Metal pot, save daughter” <ul><li>“ Pour Salt in Metal pot, save daughter” Started this social movement is proved effective to attract a marble hearted woman towards it. When the Deputy Commissioner of Bhiwani T.L. Satyaprakash poured Salt in Metal pot front of a thousand villagers, at that time presented a crowd of people took vow of the social movement. Made of completely social web this movement is affecting every person of society with the speed. That day is not away when the people of other places will also adopt the thousand years old tradition of pouring Salt in metal pot to stop female feticide. Mr. Shyam Sunder has been faced over one lakh people with Save Child Movement, is organizing a brigade of young people to take this movement to Gras Rootth, this brigade will be succeed to uproot the blunder of female feticide by taking the metal pot door to door to make the people pour Salt in The metal pot. </li></ul>
  56. 56. <ul><li>These points are essential to stop female feticide and to save new born children </li></ul><ul><li>1.) There should not be any difference between saying and deed of a       person. 2.) Views to be changed, not society. 3.) Exchange of rallies, Dramas, and folk songs. 4.) Vow of “Pour Salt in Metal pot, save daughter” at the wedding time. 5.) To encourage the priests. 6.) To organize young brigade on village scale. 7.) To encourage village assemblies, Watchmen, Anganbadi, and trained       nurses of village. 8.) To honor the daughters by dressing them anklets, to give them desi       ghee, to held programs on their daughter’s name, to express happiness       by beating plate on the occasion of their daughter’s birth. 9.) To keep an eye on ultrasound centers, to make the doctors join the       social movement and honor the doctors who do the best. 10.) To appoint the parents of one or two daughters as ambassador and         involve them in propaganda. 11.) To register the pregnant ladies from the very beginning and keep an         eye upon them. 12.) Each man of high class society should take responsibility of education         and marriage of at least a girl. For this social institutions should be         organized. 13.) To boycott the fetus test and the people involving in this task. 14.) It is essential to regenerate the condition of women on gras root, the         way in which education of the girls of city is considered, the village         girls also should be considered. 15.) To keep the complete record of ultrasound centers with the help of         digital cameras. 16.) The girls, who have gained fame in the field of village and city, should         start the knowledge giving programs. </li></ul>
  57. 57. <ul><li>R.T.I ACT </li></ul><ul><li>An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. </li></ul><ul><li>In union territories like Delhi and states like Maharashtra, Rajasthan, Goa, Tamilnadu, Karnataka and Madhya Pradesh, people are well-versed with the Act and the government officers know what it means. Thus, the culture of RTI has set in firmly in these places. RTI has been invoked in innumerable cases across the length and breadth of the country with effective results. Thus proving that citizens can move the government if they are given a proper legislative and administrative set-up. </li></ul><ul><li>This act is proving to be a tool in the hands of public to fight corruption and may go a long way in the proper implementation of laws including the P.N.D.T </li></ul>
  58. 58. WHAT CAN BE DONE <ul><li>Says Paramjit Singh, sarpanch (village chief) of Khaniyan in Fatehgarh Block, &quot;Unless girls are given equal rights, no amount of sloganeering is going to help. Only concrete action like education, jobs, a proper status in society and legal rights will make a genuine difference to girls' status </li></ul><ul><li>Tanwant Kaur, Sarpanch of Salani village, concurs: &quot;The dowry system has to stop, and daughters must be welcomed, not treated as a burden. We have to have a social movement to encourage boys to marry without dowry.&quot; </li></ul>
  59. 59. <ul><li>7 th National Conference of All-India Democratic Women’s Association (AIDWA), held in Bhubaneshwar in 2004: “The fight to save the female fetus and the girl-child from elimination is a political struggle linked to the discriminatory policies and cultures that strengthen patriarchy.” </li></ul><ul><li>Ms. Rewa Nayyar, Secretary RIGHTLY POINTED OUT IN 14th Meeting of the Central Supervisory Board (CSB) of PC&PNDT Act held on 14th June, 2006- </li></ul><ul><li>Lack of awareness about the PC&PNDT Act and the legal provisions contained in it among general public, expectant mothers and medical community at large </li></ul><ul><li>general public is not aware about the implementing agencies , as a result of which, they do not know where to go in case they notice a violation of the Act. </li></ul><ul><li>special legal Act like PC & PNDT Act are not well known as a result they are little attended which consequently result in fewer convictions. </li></ul><ul><li>importance of wider publicity and awareness in this matter so that there is a fear of violating the provisions of this Act. </li></ul><ul><li>awareness is required to remove the confusion about provisions of the MTP Act vis-à-vis PC & PNDT Act </li></ul>
  60. 60. <ul><li>one should look into the reasons behind female feticides like fear of upbringing a girl child, the cost of her marriage and dowry, fear of violence against her and its consequences etc. and try to eliminate these reasons and not the female fetuses. </li></ul><ul><li>Dr. Ranjana Kumari a member of the PC & PNDT ACT Central Advisory Board </li></ul><ul><li>. Every month a monthly report to be made available by the State Governments on the trends in sex ratio at birth through hospital records and birth registration data to the public. </li></ul><ul><li>2. A national level survey should be launched and all the clinics providing the Pre Conception and Pre Natal Diagnostic services in the India should be registered. </li></ul>
  61. 61. <ul><li>3. There should be speedy trial of the pending cases in the court to ensure timely and effective action. </li></ul><ul><li>4. List of all ultrasound machines both mobile and others along with the names of the owners and the clinics available in the country should be made public. </li></ul><ul><li>5. An immediate meeting with all the Chief Ministers should be called under the chairpersonship of the Hon’ble Prime Minister so that the problem is addressed by each one of them in their jurisdiction. </li></ul><ul><li>6. To ensure that strict monitoring and auditing of clinic records and all monitoring reports and the detailed status and on court cases should be available for public scrutiny and mechanisms should be devised to facilitate partnership with civil society organizations/individuals in monitoring and social auditing of the clinics registered under this law. </li></ul>
  62. 62. <ul><ul><ul><li>Appropriate authority should have links with the Local police stations, as that’s where there is maximum probability of a women first approaching in case of anybody pressurizing her to abort. </li></ul></ul></ul><ul><ul><ul><li>The punishments should be more severe, female feticide should be given the same status as a murder </li></ul></ul></ul><ul><ul><ul><li>Disregarding religious scripts which disrespect women </li></ul></ul></ul><ul><ul><ul><li>Strengthening women’s rights and empowerment through international pressure and local movement </li></ul></ul></ul><ul><ul><ul><li>Mass aware ness about human right values </li></ul></ul></ul><ul><ul><ul><li>Non cooperation movement against all activities which promote gender </li></ul></ul></ul>
  63. 63. <ul><ul><ul><li>The wider struggle for the economic rights of women, including equal property rights, has to be linked with the struggle against sex selection. </li></ul></ul></ul><ul><ul><ul><li>The depiction of women in the media, and the role models that are played out have a deep influence on the youth of the country, and there have to be effective strategies to counter it. </li></ul></ul></ul><ul><ul><ul><li>Shaming of families found to be indulging in sex determination and sex selection. They should be publicly shamed, so as to discourage other families from doing same. In fact it should be looked down upon and treated with same contempt as a murderer of one’s own daughter would be </li></ul></ul></ul><ul><ul><ul><li>There is a need to bring the question of declining sex ratios on the agenda of the ruling parties. Unless there is the political will, strategies to combat sex selection will remain only on paper. To build that political will is the major challenge facing us. </li></ul></ul></ul>
  64. 64. Changes in outlook of women <ul><li>women must respect herself and other women </li></ul><ul><li>need to be united for the cause </li></ul><ul><li>Never support man for exploiting another woman, and never exploit another woman yourself. </li></ul>
  65. 65. <ul><li>The medical community – </li></ul><ul><li>Advocates and common people can blame doctors but may not be able to change them. Ostracism from within the medical community and role models who can reinforce positive and non-discriminatory behavior of doctors is critical. </li></ul><ul><li>violating ethical and moral values for gain should be severely punished </li></ul><ul><li>awareness about legislation </li></ul><ul><li>ban on quacks </li></ul><ul><li>faster and more strict punishment for medical professionals who conduct sex determination in their clinics </li></ul>
  66. 66. <ul><li>changes in advocacy- </li></ul><ul><li>Banking on the immense power of internet today- as internet and social networking are the major pass times of the youth of today, internet has also found its way into majority of homes, and the power of internet can be banked upon as a tool to reach the youth and the middle and high strata of the public. </li></ul><ul><li>Focusing on the youth in schools and colleges can help undo the damages as they are likely to come in family way a few years later. As the future generation of India the choices they make will have an impact. Also it is much easier to make a impression on the minds of the youth than on the minds of the middle and old aged people who have grown with an certain idea. </li></ul>
  67. 67. <ul><li>Also in recent past the youth has become a very powerful and motivated class which is ready to revolt against the injustices and the wrong mindsets of the people. </li></ul><ul><li>So perhaps targeting more the youth of today as in schools and colleges will make a difference. Also encouraging more and more girls to study and become economically self reliant will go in a long way to decrease the prejudices against the girl child. Recently I heard about a scheme in which free education was provided for the second daughter of the household with two daughters is a good idea. Perhaps tax benefits can also be given to couples with two daughters as an added incentive. </li></ul>
  68. 68. <ul><li>Appropriate authority should have links with the Local police stations, as that’s where there is maximum probability of a women first approaching in case of anybody pressurizing her to abort. </li></ul><ul><li>The punishments should be more severe, female feticide should be given the same status as a murder. The more severe the punishment, the more people will abstain from doing it for a few bucks. </li></ul>
  69. 69. <ul><li>While there is a willingness to recognize the value of women, especially their economic contribution and supportive role within the family, there is resistance towards taking concrete steps to end dowry, or son-preference rituals. </li></ul><ul><ul><ul><li>Disregarding religious scripts which disrespect women </li></ul></ul></ul><ul><ul><ul><li>Strengthening women’s rights and empowerment through international pressure and local movement </li></ul></ul></ul><ul><ul><ul><li>Mass aware ness about human right values </li></ul></ul></ul><ul><ul><ul><li>Non cooperation movement against all activities which promote gender </li></ul></ul></ul><ul><ul><ul><li>The wider struggle for the economic rights of women, including equal property rights, has to be linked with the struggle against sex selection. </li></ul></ul></ul><ul><ul><ul><li>The depiction of women in the media, and the role models that are played out have a deep influence on the youth of the country, and there have to be effective strategies to counter it. </li></ul></ul></ul>
  70. 70. <ul><ul><ul><li>Shaming of families found to be indulging in sex determination and sex selection. They should be publicly shamed, so as to discourage other families from doing same. In fact it should be looked down upon and treated with same contempt as a murderer of one’s own daughter would be </li></ul></ul></ul><ul><ul><ul><li>There is a need to bring the question of declining sex ratios on the agenda of the ruling parties. Unless there is the political will, strategies to combat sex selection will remain only on paper. To build that political will is the major challenge facing us. </li></ul></ul></ul>
  71. 74. Thank you