Supreme Court takes note

Supreme Court takes note

It has expressed its concern on the issue while dealing with the implementation of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

The Court has made its observations over the falling girl child ratio in the census figure of 2001, which has deteriorated further in 2011.

“The misuse of modern science and technology to prevent the birth of a girl child by sex determination before birth and thereafter abortion is evidence from 2001 Census figures which reveal greater decline in sex ratio in states like Haryana, Punjab, Maharashtra and Gujarat, which are economically better off,” the Court said, way back in 2001.

“It is unfortunate that the practice of female infanticide still prevails despite the fact that the gentle touch of a daughter and her voice has soothing effect on the parents.

One of the reasons may be the marriage problems faced by the parents coupled with the dowry demands by the so-called educated/ and or rich persons who are well placed in the society.

Developed medical science is misused to get rid of a girl child before birth. Knowing full well that is immoral and unethical as well as it may amount to an offence, foetus of a girl is aborted by qualified and unqualified doctors or compounders,” the Court has said.

In the judgment delivered in ‘Centre for Enquiry into Health & Allied Themes (CEHAT) and others versus Union of India, the Supreme Court again pointed out that the sex determination techniques affected the overall child sex ratio.

“It is an admitted fact that in Indian society, discrimination against the girl child still prevails, may be because of prevailing uncontrolled dowry system despite the Dowry Prohibition Act, as there is no change in the mindset or also because of insufficient education /or tradition of women being confined to house hold activities. Sex selection or sex determination further adds to this adversity,” a Bench of Justice M B Shah and Justice Ashok Bhan said, in an order on September 10, 2003.

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