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Female Infanticide and Foeticide: A Socio-Legal Problem


Affiliations
1 Department of Law, C.R. Law College, Hisar, Haryana, India
     

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Infanticide is the term which is used to denote the unlawful destruction of a new born baby. Since it is an age old practice and is widely noticed in the parts of Indian-sub-continent. Female infanticide has assumed the status of evil as the derogatory practice has become the hall mark of Indian Society. The reasons indicated for this evil is the spread of dowry with exorbitant demands, patriarchal society and feudal mindset of the people. The legislations are enacted to curb this menace. There are provisions in the Indian Penal Code 1860 in the form of section 312, 313, 314. 315, 316 which makes the miscarriage a punishable offence and if done with the consent of the mother, the mother is also liable as an abettor. The Medical Termination of Pregnancy Act 1971 (M.P.T.) and Pre-natal Diagnostic Techniques, (prohibition of set selection) Act 1994 has created deterrent against the female foeticide but this menace is still prevailing as we need to change the mindset of the people. Legislation alone can not provide solution to this social evil.

Keywords

Female Infanticide, Miscarriage, Foeticide.
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  • Female Infanticide and Foeticide: A Socio-Legal Problem

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Authors

Vikas Chaudhary
Department of Law, C.R. Law College, Hisar, Haryana, India

Abstract


Infanticide is the term which is used to denote the unlawful destruction of a new born baby. Since it is an age old practice and is widely noticed in the parts of Indian-sub-continent. Female infanticide has assumed the status of evil as the derogatory practice has become the hall mark of Indian Society. The reasons indicated for this evil is the spread of dowry with exorbitant demands, patriarchal society and feudal mindset of the people. The legislations are enacted to curb this menace. There are provisions in the Indian Penal Code 1860 in the form of section 312, 313, 314. 315, 316 which makes the miscarriage a punishable offence and if done with the consent of the mother, the mother is also liable as an abettor. The Medical Termination of Pregnancy Act 1971 (M.P.T.) and Pre-natal Diagnostic Techniques, (prohibition of set selection) Act 1994 has created deterrent against the female foeticide but this menace is still prevailing as we need to change the mindset of the people. Legislation alone can not provide solution to this social evil.

Keywords


Female Infanticide, Miscarriage, Foeticide.