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Indian MTP Act Clause 3 of grounds under which termination of pregnancy is allowed is unique as failure of contraception as a ground would be hard to contest and in effect lets the woman choose to abort at her will. Considering the population explosion problem in India that makes sense. However gender based discrimination while choosing to abort are not permitted on account of the skewed male-female ratio as already mentioned by several members. This is sought to be achieved by placing restrictions on the service providers.
The PC and PNDT Act 1996 (amendment 2012) Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) was introduced with following objectives:
Prohibition of sex selection, before and after conception Regulation of prenatal diagnostic techniques (e.g. amniocentesis and ultrasonography) for detection of genetic abnormalities, by restricting their use to registered institutions.
The Act allows the use of these techniques only at a registered place for a specified purpose and by a qualified person, registered for this purpose.
Prevention of misuse of such techniques for sex selection before or after conception.
Prohibition of advertisement of any technique for sex selection as well as sex determination.
Prohibition on sale of ultrasound machines to persons not registered under this Act Punishment for violation of provisions of the Act and their confiscation
@Arti - I agree with the points over the application of the law. India has had a problem with implementation of laws or setting the right framework. There have been many cases of dowry law abuse as well. There have been instances of women aborting female fetuses against the wishes of the rest of the family as well. I don't think the laws are unnecessary, wrong or bad in general – but I do agree that the laws need additional services, structures and better policies to make them fair and effective. It makes a society worse for women when protective laws get perceived and implemented as "anti-men".
Originally posted by: LovesLowCulture
When you live in a society where a female child is killed by its own family just because its sex organs don't look like what they desired, there is a grave problem.
Originally posted by: --arti--
@return to hades
Here's another scenario of a law that could work:
Anti-sex selection laws that target a woman's husband or in-laws. Attempting to coerce a woman into having a sex-selective abortion should be a punishable crime. To properly implement this, you would need some other measures too, like centres or help lines that women can access, emergency-basis financial support for women who are thrown out of their homes for reporting their families, and economic opportunities for them to have decent jobs to support themselves and their dependants.
I would be okay with that, provided the law is accompanied by measures that make it effective and actually accesible to women. Without those measures, the law would be useless.
An initiative to make the family members who coerce the woman to undergo gender based abortion has been taken. A jail sentence between 6 months to 7 years has been suggested . The jail term will depend on whether the family was just involved in sex selection or both selection and subsequent abortion of the fetus.
The proposal has been sent to the Law ministry for detailed drafting but campaigners have already voiced their fears that the proposals will leave women even more vulnerable and doubly victimized. Concern was expressed by a member of the Council for Social Research as pregnant women already suffer intense harassment, and sometimes violent attacks, from the husbands and in-laws they live with, to have ultra-sound sex determination tests and abortions. Under the new proposals for collective punishment they will also be blamed by their husbands' families if they are prosecuted. Criminalisation of family members needs to be looked ito with great care as it may end up in further victimization of the pregnant woman.
Originally posted by: K.Universe.
Based on your statement above, would you agree or disagree with the statement below?
"When you live in a society where a child is killed by its own family just because its not what they desired, there is a grave problem."
Reason I ask is to understand where the outrage lies: the act of "killing" or the act of "discriminating + killing". If the former is not "killing" then the latter too only boils down to "discriminating" and not "discriminating + killing" as you and your ilk seem to word it.
If it is discriminating, then who are we discriminating? The unborn? If the unborn is a life unto himself/herself, then whatever happened to his/her choice of living in the first place?
Originally posted by: K.Universe.
Based on your statement above, would you agree or disagree with the statement below?
"When you live in a society where a child is killed by its own family just because its not what they desired, there is a grave problem."
Reason I ask is to understand where the outrage lies: the act of "killing" or the act of "discriminating + killing". If the former is not "killing" then the latter too only boils down to "discriminating" and not "discriminating + killing" as you and your ilk seem to word it.
If it is discriminating, then who are we discriminating? The unborn? If the unborn is a life unto himself/herself, then whatever happened to his/her choice of living in the first place?