Table 11 : Places where induced abortions took place
among ever-married women Jind, Haryana[1]
Order
of Pregnancy
|
Private
Clinic %
|
Government
Clinic %
|
Others
% |
Total
No. |
1
|
16.6
|
50.0
|
33.3
|
6
|
2
|
66.6
|
16.6
|
16.6
|
6
|
3
|
75.0
|
25.0
|
-
|
4
|
4
|
80.0
|
20.0
|
-
|
10
|
5
|
100.0
|
-
|
-
|
3
|
6+
|
100.0
|
-
|
-
|
4
|
Total
|
69.5
|
21.2
|
9.0
|
33
|
Table 12 : Estimation of Sex Ratio for the period
1996-2000 for
Haryana and Tamil Nadu
Haryana and Tamil Nadu
States
|
Abortions
assumed to be sex selective
|
Actual
Live Births
|
Expected
births (if sex selective abortions had not occurred)
|
||
M
|
F
|
M
|
F
|
||
Haryana
|
33
|
918
|
781
|
918
|
783+33=814
|
Tamil Nadu
|
2
|
459
|
358
|
459
|
358+2=360
|
Actual sex ratio for Haryana =
918/781*100=117.54 per 100 female births
Actual sex ratio for Tamil Nadu =
459/358*100=128.2 per 100 female births
Estimated sex ratio for Haryana =
918/814*100=112.97 males per 100 female births
Estimated sex ratio for
Tamil Nadu = 459/360*100=127.5 males per 100 female births
Table 13 : Estimation of sex ratio in all
pregnancies for Haryana
and Tamil Nadu
and Tamil Nadu
States
|
Actual
Live Births
|
Induced
Abortions
|
Actual
Sex Ratio
|
Estimated
Sex Ratio
|
|
M
|
F
|
||||
Haryana
|
3899
|
3189
|
39
|
3899/3189*100= 122.3 males
per 100 females births
|
3899/(3189+39)* 100=120.7
males per 100 males births
|
Tamil Nadu
|
2158
|
1673
|
224
|
2158/1673*100= 128.9 males
per 100 females births
|
2158/(1673+224)* 100=113.7
males per 100 female births
|
Table 14 : Estimation of sex ratio among those who
went for Sonography for Haryana and Tamil Nadu
States
|
No.
of women who went for Sonography
|
No
of sex selective abortions among those who went for sonography
|
Estimated
sex ratio
|
Haryana
|
313
|
44
|
3899/(3189+44)*100 =120.6
males for 100 female births
|
Tamil Nadu
|
156
|
6
|
2158/(1673+6)*100 =128.5
males per 100 female births
|
Table 15 : Estimation of sex ratio based on duration
of pregnancy for Haryana and Tamil Nadu[2]
States
|
Live
Birth
|
Induced
and late spontaneous abortions (85% of spontaneous after 3 months)
|
Estimated
sex ratio
|
|
Male
|
Female
|
|||
Haryana
|
3899
|
3189
|
174
|
3899/(3189+74)*100 =115.9
males per 100 female births
|
Tamil Nadu
|
2158
|
1673
|
294
|
2158/(1673+294)*100 =109.7
males per 100 female births
|
The analysis of abortion data
contained in tables 9 to 15 of two selected states revealed that :
1.
The abortion rate had increased
from 1971 to 2001 in both the states.
2.
Among the study women one-third in
Tamil Nadu and one-fifth in Haryana have under gone abortion in their
reproductive life.
3.
In the study area of Tamil Nadu,
induced abortions have lower mean duration of gestation (12 weeks of gestation)
compared to spontaneous abortions, and in Haryana it was observed to be more
than 12 weeks.
4.
In case of Tamil Nadu women may be
going for abortion as a method of family planning whereas in Haryana women are
more likely going for sex selective abortions.
5.
Indirect evidences drawn from
pregnancy history, antenatal care, abortion history reveals that out of the
estimated induced abortions, 60 to 80 percent are sex selective abortions or in
the other words out of total abortions, 40 to 75 percent could be attributed to
sex-selective abortions.
The Capital – Delhi Delhi
Table 16 : Sex Ratio at Birth for
Bigger States, 2005-2007[4]
Total
|
Rural
|
Urban
|
|
901
|
904
|
891
|
|
Jammu &
Kashmir
|
854
|
851
|
866
|
Himachal
Pradesh
|
931
|
931
|
926
|
837
|
827
|
855
|
|
Haryana
|
843
|
851
|
822
|
Rajasthan
|
865
|
868
|
852
|
Uttar Pradesh
|
881
|
883
|
871
|
909
|
912
|
876
|
|
939
|
942
|
911
|
|
836
|
932
|
951
|
|
Jharkhand
|
927
|
937
|
867
|
Orissa
|
933
|
934
|
919
|
Chhattisgarh
|
969
|
978
|
913
|
Madhya Pradesh
|
913
|
913
|
912
|
891
|
915
|
848
|
|
871
|
866
|
879
|
|
Andhra Pradesh
|
915
|
911
|
928
|
Karnataka
|
926
|
924
|
932
|
Kerala
|
958
|
957
|
962
|
Tamil Nadu
|
944
|
940
|
950
|
The sex ratio at Birth (SRB) of 901
suggests that 51 girls are eliminated before birth for every 1000 boys. The
female infant mortality rate (IMR) in 2007 was such that 56 girls died for
every 1000 live born girls in the first year of life [source : Sample registration
system (SRS)]. Risk for an urban Indian girl is very high. Urban SRB is 891
while female IMR is 39; therefore 61 girls are eliminated in the womb. Thus
there is a 56% higher risk for an urban Indian girl of being eliminated in the
womb as compared to dying in the first year of life.[5]
The above SRS estimate of SRB suggests (alognwith
evidence mentioned herein above) that declines in the forthcoming census of
2011 are likely to be even more dismal for girls as compared to the situation
in 2001 for the country as a whole.
5.2. Under Indian Penal
Code
Following are the tables prepared after analysis of
the data in Crime in India reports
for the years 2002 to 2008.[6]
Table 17 : Crimes against children
in the country from 2002 to 2008
S. No.
|
Crime-Head
|
Year
|
||
2009
|
2010
|
2011
|
||
1.
|
Murder
|
1488
|
1408
|
1451
|
2.
|
Infanticide
|
63
|
100
|
63
|
3.
|
Rape
|
5368
|
5484
|
7112
|
4.
|
Kidnapping
& Abduction
|
8945
|
10670
|
15284
|
5.
|
Foeticide
|
123
|
111
|
132
|
6.
|
Abetment of suicide
|
46
|
46
|
61
|
7.
|
Exposure & Abandonment
|
857
|
725
|
700
|
8.
|
Procreations of Minor Girls
|
237
|
679
|
862
|
9.
|
Buying of Girls for Prostitution
|
32
|
78
|
27
|
10.
|
Selling of Girls for Prostitution
|
57
|
130
|
113
|
11.
|
Child Marriage Restraint Act
|
|||
12.
|
Other crimes
|
24201
|
7253
|
7293
|
Graph prepared on the basis of the data in Table-17
Table No.17 clearly shows that
incidence of female foeticide has increased from 84 in the year 2002 to 125 in
the year 2006. There is a slight drop in the year 2007 and 2008 when a total of
96 and 73 cases were reported in the country. When compared to the skewed sex
ratio in 0-6 age group, it seems that the cases of female foeticide are not
reported or offenders are not brought to book.
Table No. 18 shows the statewise
breakup of incidence of female foeticide among the states and union
territories. Rajasthan and Punjab have
consistently accounted for major percentage of total such cases reported in the
country. Most of northern states have reported more cases of female foeticide
as compared to southern states.
Table 18 : Incidence of foeticide all over India
S. No.
|
State/UT
|
2002
|
2003
|
2004
|
2005
|
2006
|
2007
|
2008
|
States
|
||||||||
1
|
Andhra
Pradesh
|
0
|
0
|
0
|
1
|
5
|
0
|
2
|
2
|
Arunachal
Pradesh
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
3
|
0
|
0
|
0
|
1
|
1
|
0
|
0
|
|
4
|
1
|
0
|
1
|
0
|
0
|
0
|
0
|
|
5
|
Chhattisgarh
|
0
|
6
|
6
|
21
|
5
|
10
|
9
|
6
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
|
7
|
9
|
4
|
0
|
4
|
6
|
1
|
1
|
|
8
|
Haryana
|
6
|
2
|
15
|
8
|
9
|
4
|
5
|
9
|
Himachal
Pradesh
|
6
|
0
|
1
|
5
|
1
|
2
|
|
10
|
Jammu &
Kashmir
|
2
|
0
|
0
|
0
|
0
|
0
|
0
|
11
|
Jharkhand
|
0
|
1
|
1
|
0
|
1
|
0
|
0
|
12
|
Karnataka
|
7
|
0
|
4
|
7
|
13
|
7
|
5
|
13
|
Kerala
|
2
|
0
|
0
|
1
|
0
|
0
|
0
|
14
|
Madhya
Pradesh
|
4
|
11
|
9
|
12
|
14
|
10
|
8
|
15
|
10
|
5
|
15
|
4
|
10
|
1
|
2
|
|
16
|
Manipur
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
17
|
Meghalaya
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
18
|
Mizoram
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
19
|
Nagaland
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
20
|
Orissa
|
0
|
0
|
0
|
0
|
0
|
5
|
0
|
21
|
10
|
11
|
8
|
12
|
22
|
35
|
4
|
|
22
|
Rajasthan
|
6
|
12
|
17
|
10
|
25
|
16
|
10
|
23
|
0
|
0
|
1
|
1
|
0
|
0
|
0
|
|
24
|
Tamil Nadu
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
25
|
Tripura
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
26
|
Uttar Pradesh
|
1
|
3
|
2
|
0
|
2
|
1
|
2
|
27
|
Uttranchal
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
28
|
0
|
0
|
0
|
0
|
0
|
1
|
1
|
|
Total (States)
|
64
|
55
|
81
|
83
|
118
|
92
|
71
|
|
29
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
|
30
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
|
31
|
D&N
Haveli
|
0
|
0
|
1
|
0
|
0
|
0
|
0
|
32
|
Daman &
Diu
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
33
|
20
|
2
|
4
|
3
|
7
|
4
|
||
34
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
|
35
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
|
Total (UTs)
|
20
|
2
|
5
|
3
|
7
|
4
|
2
|
|
Total (All-India)
|
84
|
57
|
86
|
86
|
125
|
96
|
73
|
Table 19 : Percentage disposal of cases for crime
(foeticide) committed against children by police during 2002-2008[8]
S. No.
|
Year
|
Cases withdrawn by Govt.
|
Percentage of cases to total cases for
investigation in which
|
No. of cases pending investigation
|
Charge sheeting Rate (7 / 6 + 7 × 100)
|
||||
Investigation was refused
|
Investigation was completed
|
||||||||
Charge found false/ mistake of fact or law etc.
|
Final report true submitted
|
Charge sheets were submitted
|
Total {(5) + (6) + (7)}
|
||||||
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
1.
|
2002
|
0.0
|
1.1
|
8.6
|
40.9
|
17.2
|
66.7
|
32.3
|
29.6
|
2.
|
2003
|
0.0
|
1.1
|
6.9
|
42.5
|
20.7
|
70.1
|
28.7
|
32.7
|
3.
|
2004
|
0.0
|
0.0
|
0.9
|
45.0
|
25.2
|
71.2
|
28.8
|
35.9
|
4.
|
2005
|
0.0
|
0.0
|
6.8
|
34.7
|
24.6
|
66.1
|
33.9
|
41.4
|
5.
|
2006
|
0.0
|
0.0
|
10.3
|
38.2
|
21.2
|
69.7
|
30.3
|
35.7
|
6.
|
2007
|
0.0
|
0.7
|
4.1
|
37.0
|
18.5
|
59.6
|
39.7
|
33.3
|
7.
|
2008
|
0.0
|
0.0
|
7.6
|
29.8
|
17.6
|
55.0
|
45.0
|
31.1
|
Table No. 19 shows that only
one-third of the cases are chargesheeted. This may be due to the lapses in
investigation and the attitude of the police who think that these are not the
kind of offences which need their attention.
Graph prepared on the basis of the data in Table-19
Table 20 : Disposal of cases for crime (foeticide)
committed against
children by Courts during 2002-2008[9]
children by Courts during 2002-2008[9]
S. No.
|
Year
|
Total No. for cases for
trial including pending cases
|
Cases withdrawan by Govt.
|
No. of cases
|
||||
Computed or withdrawan
|
In which trials were
completed
|
Pending Trial
|
||||||
Convicted
|
Acquitted or discharged
|
Total {(6) + (7)}
|
||||||
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
1
|
2002
|
45
|
0
|
0
|
1
|
6
|
7
|
38
|
2
|
2003
|
60
|
0
|
0
|
2
|
10
|
12
|
48
|
3
|
2004
|
76
|
0
|
0
|
3
|
5
|
8
|
68
|
4
|
2005
|
47
|
0
|
0
|
5
|
14
|
19
|
78
|
5
|
2006
|
113
|
0
|
0
|
5
|
28
|
33
|
80
|
6
|
2007
|
107
|
0
|
2
|
3
|
14
|
17
|
88
|
7
|
2008
|
111
|
0
|
1
|
10
|
16
|
26
|
84
|
Graph prepared on the basis of the data in Table-20
Table No.20 is indicative of the
fact that acquittals and discharges out number the convictions of the accused
persons. This shows that either the courts are lenient in convicting the
persons charged of the offence of female foeticide or the prosecution is unable
to secure a conviction due to lapses in investigation. Table No. 21 & 22 clearly
show that the conviction rate has remained below 24% which sends wrong signals
to the offenders who start believing that they can get away even after aborting
the female foetus(es). The purpose of punishing the culprits is not only
retributive but it should act as a deterrence for the future offenders.
Table 21 : Percentage disposal of cases for crime
(foeticide) committed against children by Courts during 2002-2008
S. No.
|
Year
|
Cases withdrawn by Govt.
|
Percentage of cases to total
cases for trial
|
Conviction rate (5/7 × 100)
|
||||
Compounded or withdrawan
|
No. of cases
|
Pending trial
|
||||||
Convicted
|
Acquitted or discharged
|
Total {(5)+(6)}
|
||||||
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
1
|
2002
|
0.0
|
0.0
|
2.2
|
13.3
|
15.6
|
84.4
|
14.3
|
2
|
2003
|
0.0
|
0.0
|
3.3
|
16.7
|
20.0
|
80.0
|
16.7
|
3
|
2004
|
0.0
|
0.0
|
3.9
|
6.6
|
10.5
|
89.5
|
37.5
|
4
|
2005
|
0.0
|
0.0
|
5.2
|
14.4
|
19.6
|
80.4
|
26.3
|
5
|
2006
|
0.0
|
0.0
|
4.4
|
24.8
|
29.2
|
70.8
|
15.2
|
6
|
2007
|
0.0
|
1.9
|
2.8
|
13.1
|
15.9
|
82.2
|
17.6
|
7
|
2008
|
0.0
|
0.9
|
9.0
|
14.4
|
23.4
|
75.7
|
38.5
|
Table 22 : Disposal of persons arrested for
committing crimes (foeticide) against children by Court during 2002-2008
S. No.
|
Year
|
Total no. persons under
arrest including those from previous year
|
No. of persons whose
|
Percentage of persons
|
Whose trials remained
pending (col. 6 × 100 / col. 3)
|
Persons convicted to trials
completed (Col. 7 × 100 /
|
||
Cases compounded or
withdrawn
|
Trial completed
|
Trial remained pending
|
No. of persons convicted
|
|||||
1
|
2002
|
121
|
2
|
22
|
97
|
4
|
80.2
|
18.2
|
2
|
2003
|
121
|
2
|
22
|
97
|
4
|
80.2
|
18.2
|
3
|
2004
|
133
|
6
|
21
|
111
|
3
|
80.4
|
14.3
|
4
|
2005
|
163
|
0
|
21
|
142
|
5
|
87.1
|
23.8
|
5
|
2006
|
217
|
2
|
50
|
165
|
5
|
76.0
|
10.0
|
6
|
2007
|
206
|
1
|
26
|
179
|
4
|
86.9
|
15.4
|
7
|
2008
|
214
|
1
|
50
|
163
|
10
|
76.2
|
20.0
|
Graph prepared on the basis of the data in Table-22
5.3. PC & PNDT Act
The status of implementation is
based on information provided by the PnDT
Cell of the Union Health Ministry. This is essentially based on quarterly
reports submitted by the states. As on September 2009, 36477 bodies using
ultrasound, image scanners etc. have
been registered under the Act. From 600 clinics registered in 2000 to 36477
today looks impressive. But what has been achieved is registration of
ultrasound clinics but not regulation of the practice of ultrasound. The annual
sale of ultrasound scan machines is 6000 as per industry sources while overall registration
for recent years barely captures 4000 annually. This suggests that even the
registration aspect has slackened since 2003, following the closure of
litigation in the Supreme Court.
As on 30.09.2009, there were 603
ongoing cases in the courts / police for various violations of the law. Though
most of the cases are for non-registration of the centre / clinic, 153 cases
relate to non-maintenance of records, 123 cases related to communication of sex
of foetus, 37 cases related to advertisement about preonatal / conception
diagnostic facilities and 94 cases relate to other violations of Act/Rules.[10]
431 ultra sound machines have been sealed and seized for violation of the law.
Thus for the offences directly related to sex determination, there are barely
276 cases in the courts in recent years, while 16 to 18 lakh crimes of sex
determination take place annually as per the official birth data. From an
analysis of these figures it is evident that the proportion of case filed to
the crime committed is almost 1:10,000. We are here not even talking about the
ultimate legal convictions. Given the nature of trials in the lower courts, the
rates of convictions are very remote. The first conviction of a doctor and his
assistant after 5 years of trial came in the year 2006. Later the district Court
overturned their conviction. The State of Haryana
The Act is also facing threat from
the internet portals like Google and Yahoo who are breaking laws by carrying
advertisements of sex selection clinics. While Malerna Village (Haryana) in Delhi’s
backyard has the dubious distinction of having just 370 girls for 1000 boys, Delhi
has shown that declining sex ratio can be controlled and improved in favour of
girl child. Mr. Walia, the Delhi Finance, Planning and Urban Development
Minister declared that sex ratio which was 820 in 2005, 848 in 2007 has now
become 1004 in 2008. This positive change in the sex ratio shows that the
gender revolution can be brought about by a combination of strict implementation
of laws and affirmative action by the State by introduction of schemes like ‘Ladli’.
On the other hand, due to laxity of
the Government of Haryana to notify the PNDT Act for 12 years, lead to doctors
acquittal. Also the possible collusion
of medical authorities with nursing homes came to light when female fetuses
were Recovered from septic tank of Beaulla Nursing Home in Gurgaon.
Just declaring 24th
January as the National Girl Child Day
and January 24-30 as the girl child week
is not going to solve the problem. A sustained fight by the Government, NGOs,
Citizens, Corporate Sectors, religious leaders is required to reverse the
disturbing trend. Some progress has been made but there are miles to go before
our country can wipe out the label of being land of ‘Unborn girls’.
[1] Supra note 9
[2] Supra note 9
[3] http://www.tribuneindia.com/2005/20051007/edit.htm#6
[4] Source:
Sample Registration System,
http://censusindia.gov.in/Vital_Statistics/SRS/Sample_Registration_System.aspx
[5] Supra note 4, p. 50.
[6] http://www.ncrb.nic.in,
accessed 21-03-2013.
[7] http://ncrb.nic.in/cii2008/Compendium2008.pdf
[8] Supra note 17
[9] Supra note 17
[10] http://mohfw.nic.in/AnnualReport.
(Ministray of Health and family Welfare)
