ROLE OF JUDICIARY TO CURB FEMALE FOETICIDE:AN ANALYSIS

LAW

Female foeticide is a heinous act and an indicator of violence against women. There is abhorrent practice of sex determination and sex selection going on since long time. Immemorial patriarchal influence can be seen in all parts of India and in all spheres of life. In the 1991 census, there was a finding that ratio of girls was much less. The reason for declining sex ratio is the petrified social attitude and the lack of sensitivity. Pre-natal diagnostic techniques are used to detect a range of genetic abnormalities. The techniques have also been used to detect the sex of the foetus. The sex-determination tests have often been followed by abortion if the foetus has been detected to be female. Amongst the states, the northern state of Punjab tops the list in number of female foeticide cases It is normally the function of the government to implement laws enacted by the legislature. To curb this practise The PNDT (Pre-conception and Pre-natal Diagnostic Techniques Prohibition of Sex Selection) Act was enacted by Parliament in 1994. The available legislation for prevention of sex determination needs strict implementation, alongside the launching of programmes aimed at altering attitudes. But when the government fails to do so, resort is taken to judiciary. The primary credit for implementation of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 goes to the judiciary. However, it came into operation after 2 years, on 1-1-1996 and even after lapse of 5 years neither the Central nor the State Governments had taken any action for its implementation. Hence, the judiciary had to take upon itself the task of giving effect to the said Act.

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