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SC blames govt for female foeticide

Says it is crucifixion of a future woman
Last Updated 04 March 2013, 20:05 IST

The Supreme Court on Monday passed a slew of directions to check female foeticide, noting that the law relating to pre-natal sex determination was misused with “impunity” in the country.

It observed that “female foeticide is the worst type of dehumanisation of the human race.”

A bench of Justices K S Radhakrishnan and Dipak Misra also directed strict implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex-Selection) Act, 1994.

“There has been no effective supervision or follow-up action so as to achieve the object and purpose of the Act. Mushrooming of various sonography centres, genetic clinics, genetic counselling centres, genetic laboratories, ultrasonic clinics, imaging centres in almost all parts of the country calls for more vigil and attention by the authorities under the Act,” the court said.

The court asked the Central and state governments to launch awareness campaigns against female foeticide and take steps for mapping of all registered and unregistered ultra-sonography clinics within three months.

Writing a separate but concurring verdict, Justice Misra said: “When a female foeticide takes place, every woman who mothers such a child must remember that she is killing her own child despite being a mother. That is what abortion would mean in social terms. Abortion of a female child in its conceptual eventuality leads to killing of a woman.”

The purpose of the enactment can only be actualised and its object fruitfully realised when the authorities under the Act carry out their functions with devotion, dedication and commitment and further there is awakened awareness with regard to the role of women in a society, the court added.

“Female foeticide has its roots in the social thinking which is fundamentally based on certain erroneous notions, ego-centric traditions, pervert perception of societal norms, and obsession with ideas which are totally individualistic sans the collective good. All involved in female foeticide deliberately forget to realise that when the foetus of a girl child is destroyed, a woman of future is crucified,” the court said.

Justice Misra referred to different pronouncements by the apex court as well as the sayings of thinkers, poets, philosophers and jurists on women to emphasise that they play a seminal role.

The bench directed various courts in the country to take steps to dispose of all pending cases under the Act within six months.

The court said the Central Supervisory Board and the state and union territories’ boards would meet at least once in six months to supervise and oversee effective the implementation of the Act.

Court’s express orders

-All courts to dispose of cases under prohibition of Sex Selection Act within six months
-Central Supervisory Board and state and Union territories’ boards to meet at least once in six months -Illegally used ultra-sonography machines to be seized;
manufacturers not to sell machines to unregistered clinics-State govts to file a status report in three months

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(Published 04 March 2013, 20:05 IST)

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