Female Foeticide: A Deeply Entrenched Social Evil

FEMALE FOETICIDE: A SOCIO-LEGAL ANALYSIS WITH
REFERENCE TO THE PNDT ACT, 1994
A Dissertation
Submitted to
Dr. B.R. Ambedkar Law University, Jaipur
In Partial Fulfillment of the Requirement
Prescribed for the LL.M II Year Examination
2022-2023 (BRANCH : CRIMINAL LAW)
By NISHA
SHARMA
Roll Number: ...............
St. Wilfred’s College of Law, Jaipur
Under the Supervision
of Dr. Amin Kumar
Singh Vice -Principal
St. Wilfred’s College of Law, Jaipur
DR. B.R. AMBEDKAR LAW UNIVERSITY, JAIPUR
2023

CERTIFICATE
This is to certify that Ms. NISHA SHARMA has worked under my supervision and guidance.
The work contained in this dissertation titled “Female Foeticide: A Socio Legal Analysis with
reference to PNDT Act, 1994” is original and has not been submitted in part or in full or any
other degree either in this University or any other University previously by the candidate. I am
satisfied that this research work is worthy of consideration for the award of the Degree of Master
of Laws and has been compiled with the Guidelines issued by the competent authorities from
time to time.
Place: Jaipur, Rajasthan Dr. Amin Kumar Singh
Date: ............ Supervisor

ACKNOWLEDGEMENT
With reference and profound gratitude, I acknowledge the inspiring guidance given by
my esteemed Dr.Amin Kumar Singh, Vice- Principal, St. Wilfred’s College of Law, Jaipur.
Indeed, his qualities of balance and restraint have a profound and ever lasting impact on his
disciples. Thus, it has been a great privilege and pleasure to have carried out this dissertation
under such an honourable guide.
I am deeply indebted to all the Indian and Foreign writers and judges whose writings and
decisions have been duly cited in this work and have given me inspiration and light for preparing
this work. I acknowledge my gratitude to those authors also whose work, though might not have
been cited in this dissertation, and helped me in formulating my views and enriching my
thoughts.
I would like to express my deepest gratitude to Hon’ble Vice Chancellor and Registrar Dr.
B.R Ambedkar Law University, Registrar. I respectfully acknowledge their role whose juristic
acumen ship in the field of cyber-crime shaped my ideas enabled me to appraise the nuances of
research proposal.
I am very thankful to college Principal Dr. Sushma Gour, St. Wilfred’s College of Law,
Jaipur for give me the ablest suggestions and personal care in accomplishing and presenting
dissertation in the present form.
I am also thankful to other Associate Professor and Assistant Professors, Faculty of Law,
St. Wilfred’s of Law, Jaipur for their valuable guidance and inspiring me to complete this
project. I also take this opportunity to express my sense of gratitude to the library staff of the Dr.
B.R Ambedkar Law University, Jaipur & St. Wilfred’s College of Law, Jaipur for providing me
necessary reading and reference material as and when it was needed.
I am also very greatful to my mother, father and friends who provided me facilities for this
study and also encouraged me to go for higher education in law.
Place: Jaipur, Rajasthan NISHA SHARMA
Date: ........... LL.M. Student
St. Wilfred’s College of Law,
Jaipur Affiliated to Dr. B.R. Ambedkar Law University,
Jaipur

DECLARATION
I Nisha Sharma hereby declare that this dissertation “Female Foeticide: A Socio Legal
Analysis with reference to PNDT Act, 1994” is based on the original research work carried out
by me under the guidance and supervision of Dr. Amin Kumar Singh, Vice-Principal, St.
Wilfred’s College of Law, Jaipur for the fulfillment of the requirements of the degree of Master
of Laws in post graduate stream of the law and has been compiled with the Guidelines issued by
the competent authorities from time to time including but not limited to this University as well.
The interpretations put forth are based on my reading and understanding of the original
texts and they are not published anywhere in the form of books, monographs or articles. The
books, articles and websites etc. which have been relied upon by me have been duly
acknowledged at the respective places in the text.
For the present dissertation which I am submitting to the University, no Degree or
Diploma has been conferred on my before, either in this or in any other University.
Place: Jaipur, Rajasthan NISHA SHARMA
Date: .............. LL.M. Student
St. Wilfred’s College of Law.
Jaipur Affiliated to Dr. B.R. Ambedkar Law University,
Jaipur

TABLE OF CONTENTS
Page No.
CERTIFICATE II
ACKNOWLEDGEMENT III
DECLARATION IV
TABLE OF ABBREVIATIONS VIII
TABLE OF CASES X
TABLE OF STATUTES XIII
CHAPTER 1- INTRODUCTION 1
1.1 Concept of Female Foeticide 1-8
1.2 Jurisdiction of Female Foeticide 8-9
1.3 Background of the study 9-10
1.4 Research Problem 10
1.5 Review of Literature 10-11
1.6 Research Objective 11
1.7 Research Questions 11
1.8 Hypothesis 11-12
1.9 Methodology 12
1.10 Significance of the Research 12
1.11 Limitations of the study 12
1.12 Scheme and Outline of Chapters 12-13
1.13 Conclusion 13

CHAPTER 2- EVOLUTION & HISTORICAL BACKGROUND 14
2.1 Introduction 14
2.2 Historical perspective of Female Foeticide 14-20
2.3 Magnitude of the problem of the Female Foeticide 20-21
2.4 Factors responsible for the Female Foeticide 21-31
2.5 Consequences of Female Foeticide 31-33
2.6 Conclusion 33
CHAPTER 3- FEMALE FOETICIDE- A LEGISLATIONS IN INDIA 34
3.1 Introduction 34-35
3.2 Constitutional & Legal Aspect 35-42
3.3 Judicial Pronouncement 42-43
3.4 Rights provided to foetus under personal laws 43
3.5 Statutory control of Female Foeticide 44-63
3.6 Conclusion 63-64
CHAPTER 4- SOCIO LEGAL STUDY ON FEMALE FOETICIDE 65
4.1 Introduction 65
4.2 Laws regarding Female Foeticide-Int’l Approach 65
4.3 Protection of Foetus- International Convention 65-66
4.4 Abortion laws in various Countries 66-73
4.5 International scenario 73-76
4.6 Conclusion 76
CHAPTER 5- JUDICIAL APPROACH ON FEMALE FOETICIDE 77
5.1 Introduction 77
5.2 Ajit Savant Mahagvai v/s State of Karnataka (1997) 77-78
5.3 Voluntary Health Asso. Of Punjab v/s UOI & Ors. (2016) 78-80

5.4 Regulating the problem of Female Foeticide 80-84
5.5 Penalising the Wrongdoer 84-95
5.6 Conclusion 95
CHAPTER 6- CONCLUSION AND SUGGESTIONS 96
6.1 On the basis of Study 96-99
6.2 On the basis of Survey 99-100
6.3 Suggestion 100-106
BIBLIOGRAPHY

TABLE OF ABBREVIATION
AC : Appeal Case
AIC : All India Case
AIR : All India Reporter
AllER : All England Law Reporter
Art. : Article
Arts. : Articles
CEHAT : Centre for Enquiry into Health and Allied thems
CrLJ : Criminal Law Journal
CrPC : Code of Criminal
Procedure CVS : Chorionic Villous
Suction DC : District of Columbia
e.g : example gratia (For Example)
Ed : Edition
etc. : et
cetra ex :
example
GC : Genetic Clinic
GCC : Genetic Counselling
Centre GL : Genetic Laboratory
i.e. : that is
Ibid : Ibidem (In the same
place) Id : Ibidem
IPC : Indian Penal Code
JILI : Journal of Indian Law Institute
Ltd. : Limited
MTP : Medical Termination of Pregnancy
Act NGO : Non-Governmental Organization
No. : Number
p./pp. : Page(s)
Para :
Paragraph
PCPNDT : Pre Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)
PDP : Prenatal Diagnostic Procedures
PDT : Prenatal Diagnostic Tests
PIL : Public Interest Litigation
Pub : Publication
Pvt. : Private
SC : Supreme Court
SCALE : Supreme Court Almanac