1. FEMALE FOETICIDE,
HONOUR KILLING and
IMMORAL TRAFFICKING OF
WOMEN
Dr. Madhuri Irene
Associate Professor,
ICFAI LAW SCHOOL, Hyderabad
2. FEMALE FOETICIDE
• It is defined as aborting a female fetus after sex determination test.
• a gender-selective abortion where a female fetus is illegally
terminated solely based on the reason that the fetus is a girl.
• Having a child in many societies is an exciting time, it is the birth of a
new life with the potential to be anything he or she wants to be
• Ultra-sonography and Fetoscopy helps determine abnormalities in the
fetus. But it is misused to find out sex of the fetus and abortion is
done if it is a girl.
3.
4. CONSEQUENCES OF FEMALE FETICIDE
• Decrease in the female population.
• Adverse effect on women's health physically , mentally and emotionally.
• Women are abused and sexually exploited.
• Leads to women trafficking . Women are kidnapped , bought and sold for
marriage.
• Suicide rates in women will increase .
• FEMALE FETICIDE IN INDIA
• The child sex ratio has dropped from 945 females per 1000 males in 1991 to 927
females per 1000 males in 2001
• Estimated that 50 million girls and women are ‘missing’ from India’s population
because of termination of the female foetus.
• Female foeticide in India increased by 49.2%.
5. LEGAL INITIATIVES
• PRE -CONCEPTION & PRENATAL DIAGNOSTIC TECHNIQUES (PCPNDT)
ACT, 1994
• The Medical Termination Of Pregnancy Act
• The Dowry Prohibition Act
6. PRE -CONCEPTION & PRENATAL DIAGNOSTIC
TECHNIQUES (PCPNDT) ACT, 1994
• The prenatal diagnostic techniques (Regulations and Prevention of Misuse)
Act,1994 has been amended to make it more comprehensive. • The
amended act and rules came into force with effect from April 2003 and
PNDT Act renamed as Preconception and Prenatal Diagnostic
Technique(prohibition of sex selection) Act ,1994
• Objective of this law:
• prohibit sex selection (before or after conception
• regulate pre-natal diagnostic techniques for detecting genetic or metabolic
disorders or chromosomal abnormalities or certain congenital mal-
formations or sex linked disorders
• prevent misuse of such techniques for the purpose of sex determination of
female foeticide
7. • Genetic Counselling Centre::
• Section 2 (c) it means:• Institute• Hospital• Nursing home• Any place
which provides +++genetic counseling to patients
• Genetic Clinic:
• Section 2 (d) it means:• Clinic• Institute• Hospital• Nursing home•
Any place which is used for conducting pre-natal diagnostic
Procedures Genetic Clinic includes a vehicle where ultrasound
machine or imaging machine or scanner or other equipment or a
portable equipment is used for detection of sex during pregnancy or
selection of sex before conception
8. Pre-natal diagnostic procedure
• According to Section 2 (i) it means all gynecological or obstetrical or medical procedures such as:
• Ultrasonography;
• Foetoscopy;
• Taking or removing samples of:- amniotic fluid- chorionic villi- blood- any tissue- fluid of a man or a woman
before or after conception which is sent to a Genetic Laboratory or Clinic for conducting any type of
analysis or pre-natal diagnostic tests for selection of sex before or after conception.
• Pre-natal diagnostic test : Section 2 (k) it means Ultrasonography Test or analysis of:- amniotic fluid-
chorionic villi- blood- any tissue- fluid of any pregnant woman or conceptus conducted to detect:
• genetic disorder
• metabolic
• disorders chromosomal abnormalities
• congenital anomalies
• haemoglobinopathies
• sex-linked diseases
• Sex selection : According to Section 2 (o) Sex selection includes:• Procedure• Technique• Test•
Administration• Prescription• Provision for the purpose of ensuring or increasing the probability that an
embryo will be of a particular sex
9. REGULATION OF GCC, LABORATORIES & CLINICS
• Section 3 no Genetic Counselling Centre, Laboratory or Clinic:
• (1) unless registered can conduct, associate or help in conducting activities
relating to pre-natal diagnostic techniques
• (2) can employ or take services of any person (honorary or payment) who
does not possess qualifications
• No medical geneticist, gynaecologist, paediatrician,doctor or any other
person can conduct or cause to be conducted or aid in conducting by himself
or through any other person any pre-natal diagnostic techniques Only at a
registered place
• As per Section 4 (1) conduct of pre-natal diagnostic techniques is allowed
only for the detection of: chromosomal abnormalities, genetic metabolic
diseases, haemoglobinopathies, sex-linked genetic diseases, inborn
anomalies, other defects or diseases specified by the Central Supervisory
Board
10. PROHIBITIONS
• ON PLACES: Section 6 (a) No genetic counselling centre or clinic or laboratory
will: conduct pre-natal diagnostic technique including an ultrasonography for the
purpose of determining the sex of the foetus.
• According to Rule 17 (1) every genetic counseling centre or clinic or laboratory is
required to display prominently a notice in English and in the local language or
languages that conduct of sex-determination tests/disclosure of sex of the foetus
is prohibited.
• According to Section 19 (4) the Registration certificate has to be prominently
displayed
• ON PERSONS Section 18 (1) No person will:open any genetic counselling centre,
clinic or laboratory including clinic, laboratory or center having ultrasound or
imaging machine or scanner or any other technology capable of undertaking
determination of sex of foetus and sex selection unless such centre, clinic or
laboratory is duly registered separately or jointly.
• render any services to any facility unless such facility is duly registered
11. Prohibition of advertisement
• As per Section 22 (1) No person, organization, Genetic Counselling Centre, Laboratory or
Clinic including clinic, laboratory or center having ultrasound machine or imaging
machine or scanner or any other technology capable of undertaking determination of sex
of foetus or sex selection will:
• Issue, Publish, Distribute communicate any advertisement in any form including
internet regarding facilities of pre-natal determination of sex or sex selection
beforeConception available at such center, laboratory, clinic or at any other place
• As per Section 22 (2) No person, organization including Genetic Counselling Centre,
Laboratory or Clinic will :Issue, Publish, Distribute, Communicate any advertisement
regarding pre-natal determination or pre-conception sex selection by any means
whatsoever even if its scientific
• As per Section 3B and Rule 3A No person will: Sell , Distribute, Supply, Rent or Allow or
authorize the use of any ultrasound machine or imaging machine orscanner or any other
equipment capable of detecting sex of foetus whether on payment or otherwise to any
Genetic Counselling Centre, Laboratory, Clinic or any other personOr body which is not
registered
12. OFFENCES
• I. By Persons. If any person acts contrary to the prohibitions listed above he will be liable to be
punished with:• upto 3 years imprisonment and• upto Rs.10,000 fine Any subsequent conviction
entails:• upto 5 years imprisonment and• upto Rs.50,000 fine
• II. In case of a person seeking the aid of the bodies or persons referred to above for sex selection or
for conducting pre-natal diagnostic techniques on any pregnant woman for the purposes other than
those specified in Section 4(2), he shall be liable to be punished with:• imprisonment up to 3 years;
and• fine which may extend to Rs.50,000/-Any subsequent conviction entails:• imprisonment which
may extend to 5 years and• fine which may extend to Rs.1 lakh
• III. In case of a doctor his name will be reported by the Appropriate Authority to the State Medical
Council for taking necessary action:- suspension of the registration if charges are framed by the court
and till the case is disposed of and- removal of his name from the register of the council on conviction
for the period of:• five years for the first offence• permanently for the subsequent offence
• 29. IV. Husband and relatives of the pregnant woman who undergoes a pre-natal diagnostic
technique is presumed to have compelled the woman to undergo the pre-natal diagnostic technique•
liable for abetment of offence under Section 23 (3)• punishable for the offence under Section 23 (3)
• V. If any person contravenes any provision of the Act or the Rules where no penalty has been
specified, he will be liable to be punished with:• upto 3 months imprisonment or• upto Rs.1000fine
or• both (imprisonment and fine)Any subsequent contravention will have additional fine upto
Rs.500/- for every day during which such contravention continues after conviction for the
1stcontravention
13. OFFENCES : By Company:
• In case of offence by a company:• every person in charge and• every person
responsible to the company for the conduct of the business of the company at the
time the offence was committed the company shall all be deemed to be guilty and
accordingly proceeded against and punished
• If consent, connivance of or that it was attributable to any neglect on the part of:•
Director and in relation to a firm, a partner in the firm• Manager• Secretary• Other
officer they shall also be deemed to be guilty and accordingly proceeded against
and punished
• According to Section 28 Court will take cognizance of offences on a complaint made
by—(a) the Appropriate Authority or any officer authorized in this behalf by the
Central Government or State Government or(b) a person who has given not less
than 15 days notice to the Appropriate Authority of the alleged offence and his
intention to make a complaint to the court. Explanation- person includes an NGO
• Metropolitan Magistrate or 1st class Judicial Magistrate will try any offence
punishable under this law According to Section 27 every offence is cognizable, non-
bailable and non-compoundable
14.
15. THE MEDICAL TERMINATION OF PREGNANCY
ACT, 1971
• MTP enacted on 1st April, 1971 , Amendments 1975, 2003, 2014
• Before these act the pregnancies terminated as per INDIAN PENAL CODE
• As per IPC penalties abortion practitioner- 3 years imprisonment or fine or
both women- 7 years imprisonment or fine or both, The fetus has the right
to live as per MTP ACT 1971
• Aims to improve the maternal health scenario by preventing large number
of unsafe abortions
• Legalizes abortion services
• Promote access to safe abortion services to women
• Offers protection to medical practitioners who otherwise would be
penalized under the Indian Penal code (Section 315-316
16. • REGISTERED MEDICAL PRACTITIONER (RMP):- is a person with recognized medical
qualification as under section 2 of the Indian Medical Council Act, 1956 whose
name is entered in State Medical Register and who possesses such experience or
training in obstetrics and gynecology as prescribed under rules to the act
• the act provides that pregnancies may be terminated by Registered Medical
Practitioners (RMP) possessing experience or training in the gynecology and
obstetrics
• It extends to whole India except Jammu and Kashmir The RMP may terminate a
pregnancy when it is not more than 12 weeks old
• The Registered Medical Practitioners may terminate a pregnancy of in between 12
weeks to 20 weeks with the opinion of another Registered Medical Practitioners in
good faith conditions:-
• Continuation of pregnancy is a risk of life for pregnant woman or it can cause grave
injury to her physical and mental health
• Substantial risk that the child, if born, would be seriously handicapped due to
physical or mental abnormalities
17. • The Registered Medical Practitioners may terminate a pregnancy of a woman
who is less than 18 years of age or lunatic , with written consent of her
guardian * The RMP may terminate pregnancy after judgment of court
• A Medical Termination of Pregnancy Rules 1975 prescribe the experience or
training in gynecology and obstetrics that a Registered Medical Practitioners
should have to terminate any pregnancy
• A Medical Practitioner Registered in a state Medical Register immediately
before the commencement of the act, should have not less than 3 years
experience in the practice of gynecology and obstetrics
• A Medical Practitioner Registered in state medical register on after the date
of the commencement can terminate the pregnancy
• In case of Registered Medical Practitioner who holds a post graduate degree
or diploma in gynecology and obstetrics, the experience or training joined
during the course of such degree or diploma is considered
18. The place for termination of pregnancies
• The place for termination of pregnancies may be approved only if,
• The government is satisfied that the termination of pregnancies may
be done there in under safe and hygienic conditions
• The following facilities are provided:- o An operation table and
instruments for performing abdominal or gynecological surgery
• Anesthetic equipment, resuscitation equipments and sterilization
equipments ,
• Drugs and parenteral fluids for emergency use .
• The certificate of approval issue by the committee shall be displaced
at the place to be easily visible to person visiting the place
19. • As per 2014 amendment bill the upper gestational limit for termination
for survivors of rape has been proposed to be increased from 20 week
to 24 weeks.
• For pregnancies diagnosed with substantial fetal abnormalities . It has
been proposed that no upper gestation limit would apply for
termination But these condition so that immediate opinion can be
given and urgent action can be taken by High Court and Supreme Court
• The termination of pregnancy by a person who is not Registered
Medical Practitioner shall be deemed to be a punishable offences
under INDIAN PENAL CODE
• An unauthorized person involved in termination of pregnancy is
punishable with 2-7 years imprisonment Any fine who fails to comply
with rules under the act or contravenes them may be fined upto
Rs.1000
20. THE DOWRY PROHIBITION ACT, 1961
• Prohibits the request, payment or acceptance of a dowry, demanded
or given as a precondition for a marriage.
• Asking or giving of dowry can be punished
• Indian government has modified property inheritance laws and
permitted daughters to claim equal rights to their parental property.
22. WHAT IS HONOUR KILLING
• An honour killing is the homicide of a member of a family by other
members, due to the perpetators belief that the victim has brought
shame or dishonour upon the family, or has violated the principles of
a community or a religion, usually for reasons such as refusing to
enter an arranged marriage, being in a relationship that is
disapproved by their family, having sex outside marriage, becoming
the victim of rape, dressing in ways which are deemed inappropriate,
or engaging in homosexual relations.
23. ORIGIN AND DEVELOPMENT OF HONOUR
KILLING:
• • Historically there are no definitive explanations regarding the origin of honour
killings. In South Asian continent some scholars claim the practice originated with
the various baloch tribes of Baluchistan and spread to other countries as they
migrated to different parts of the country. Colonial records clearly mentioned the
custom of 'honour killing' of Baluchistan. And later on, it is believed to be
adopted these customs by region of Pakistan and India.
• • Honour killing was a practice in middle eastern and south asian societies In pre-
islamic era when the patriarchal and patrilineal society was interested in
maintaining control over “ designated familiar power structure”. As men from the
family, clan, tribes wanted to control reproductive power since women were
seeing as 'factories' for producing men.
• • Religion plays a major role in the justification of honour killing. Islamic law
states that a wife must obey her husband and failure to do so permits physical
punishment and even killing. However, some men who have committed an
honour killing state that tradition is stronger than religion.
24. HONOUR KILLING IN INDIAN HISTORY
• • Ancient laws of Manu- Sati In India, according to the ancient laws of Manu
women were considered immoral.
• Widows were encouraged to throw themselves on the funeral pyre of their
husbands to preserve their died spouses honour and prevent themselves from
living a 'life of dishonour’.
• • Hindu Aryan customs Hindu Aryan husbands were entitled to cut the nose and
ears of wives suspected or found guilty of infidelity- a custom that eerily echoes
various cases of honour crimes in the India subcontinent across the centuries.
• • Hindu religious laws – Gotra system According to the Hindu religious law and
tradition, marrying or having sexual relations with a member of a different caste
is strictly forbidden. So too, romantic involvement with someone from the same
sub caste (GOTRA) a proscription that contrast notably with Muslim cultures
where first cousin marriages widely accepted. In northern India, the murderers
are often explicitly sanctioned or even mandated by caste based councils known
as ' Khap Panchayat'.
25. DEFINITION Human Rights Watch defines
• “honour killings” as follows: “Honour Killing are acts of vengeance,
usually death, committed by male family members, who are held to
have brought dishonour upon the family.
• A woman can be targeted by ( individuals within) her family for a
variety of reasons, including: refusing to enter into an arranged
marriage, being the victim of a sexual assault, seeking a divorce- even
from an abusive husband- or (allegedly ) committing adultery.
• The mere perception that a woman has behaved in a way
“dishonours” her family is sufficient to trigger an attack on her life.”
26. REASONS:
• • Intercaste or Inter-religion marriage
• • Engaging in lesbian or gay relationship
• • Refusing arrange marriage
• • Rape
• • Disobeying the dresscode given by family or community
• • Adultery
• • For Asserting Independence
27. Specific law in India
• No specific law in India which deals with this gruesome act of honour killing and any punishments
regarding the same.
• They are treated as ‘murders’ under the provisions of IPC or the Code of CrPC as it is not a crime
specified separately under the laws
• No data about this crime has been collected by the National Crime Records Bureau
• Constitutional Provisions in India
• Art. 14 - Equality before law.—The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.
• Art. 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The
State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of
birth or any of them.
• Art. 15 (3) Nothing in this article shall prevent the State from making any special provision for women
and children.
• Art. 17. Abolition of Untouchability.—“Untouchability” is abolished and its practice in any form is
forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence
punishable in accordance with law.
• Art. 18. Abolition of titles.
• Art. 19 Right to Freedom
• Art. 21 Right to Life and Liberty
28. LEGISLATIVE PROVISIONS Indian Penal Code, 1860
• Sections 299-304: Penalizes any person guilty of murder and culpable homicide not
amounting to murder. The punishment for murder is life sentence or death and fine.
The punishment for culpable homicide not amounting to murder is life
imprisonment or imprisonment for upto 10 years and fine.
• Section 307: Penalizes attempt to murder with imprisonment for upto 10 years and
a fine. If a person is hurt, the penalty can extend to life imprisonment.
• Section 308: Penalizes attempt to commit culpable homicide by imprisonment for
upto 3 years or with fine or with both. If it causes hurt, the person shall be
imprisoned for upto 7 years or fined or both.
• Section 120A and B: Penalizes any person who is a party to a criminal conspiracy.
• Sections 107-116: Penalizes persons for abetment of offences including murder and
culpable homicide.
• Section 34 and 35: Penalizes criminal acts done by several persons in furtherance of
common intention.
29. Other Laws
• The Special Marriage Act, 1954
• Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act,
1989
• The Protection of Human Rights (Amendments) Act, 2006
• The Protection of Women from Domestic Violence Act, 2005
• INTERNATIONAL PROVISIONS
• Convention on the Elimination of all forms of Discrimination Against
Women(CEDAW
• UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948.
• Article 12 of the International Convention on Economic, Social and
Cultural Rights (ICESCR 1976)
30. • Case Laws
• • Manoj Babli Case
• • State of U.P. vs Krishna Master and Anr
• • Lata Singh vs State of U.P. and Anr
• • Arumugam Servai vs State of Tamil Nadu
• • Bhagwan Das vs State(Nct) of Delhi
31. How to reduce HK
• • The networking of the police, judiciary, government, non-governmental
organizations, human rights activists, sociologists, social workers, and
psychologists is to be done in order to mitigate this social evil.
• • It gives a wrong massage that Khap Panchayat shave their own law and
they adjudicate not according to laid down any procedure but summarily
which they deem fit.
• They have scant regard to judicial institutions and courts. The steps shall
be taken who so ever is involved in the crime should immediately be
brought under the law.
• • The onus should put on the accused persons (members of such groups/
organization/Panchayats) thereby making them responsible to prove their
innocence.
• • Special clause should be added to section 300 of the Indian Penal Code
to deal with the cases like honour killing.
33. Trafficking of Women
• Trafficking is a organized crime which violates all tenets of human
dignity and rights.
• • Trafficking can occur for various purposes-- labour, commercial
sexual exploitation, organ trade etc.
• • Trafficking is a centre and State subject
• • Poverty, illiteracy, lack of livelihood options, natural/man made
disasters makes a person vulnerable to trafficking.
• • India faces both In-country and Cross Border trafficking.
34. •Estimate place number of sex workers in country
at 3 million of which 40 percent are children.
•• 90% or more estimated as in-country and 5 to
10% to cross-border trafficking, reported mainly
from Bangladesh and Nepal.
•• Also, there are reports that people from India
are being trafficked to Middle Eastern countries
for domestic help, manual labour, child marriages
etc.
35. Constitutional Provisions
• Constitutional Provisions on Trafficking Trafficking in Human Beings or
Persons is prohibited under the Constitution of India.
• The specific provisions relates to Article 23 (1) of the Constitution
which is as follows:-
• 'Traffic in human beings and begar and other similar forms of forced
labour are prohibited and any contravention of this provision shall be
an offence punishable in accordance with law'.
36. International Legal Instruments
• Convention on Elimination of all forms of Discrimination against
Women (CEDAW) [Ratified]
• UN Convention Against Transnational Organized Crime
• Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Espley. Women and Children supplementing above Convention
• Millennium Development Goals (MDGs).
• SAARC • SAARC Convention on Preventing and Combating Trafficking
in Women and Children for Prostitution
37. National Legal Framework
• The Immoral Traffic Prevention Act, 1956 (being amended)
• • The Indian Penal Code (select provisions)
• • The Juvenile Justice ( Care and Protection of Children) Act 2000
• • The Child Marriage Prohibition Act 2006
