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Medicine and the Law$
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K. Kannan

Print publication date: 2014

Print ISBN-13: 9780198082880

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780198082880.001.0001

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Sex Selection and Medical Termination of Pregnancy

Sex Selection and Medical Termination of Pregnancy

Chapter:
(p.364) 7 Sex Selection and Medical Termination of Pregnancy
Source:
Medicine and the Law
Author(s):

K. Kannan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198082880.003.0008

With cultural preference of males to females, female foeticide is a serious problem. In an attempt to correct the skewed sex ratio, there is a statutory prohibition of pre-natal diagnosis of the sex of the child in womb. The penal provisions have not improved the situation in their implementation, thanks to lethargy of the enforcement machinery, namely the prosecution agency and courts. Abortion is regulated through law but again not effective enough. The autonomy of a female to protect the foetus is zealously recognized by courts and in two significant cases, one of a pregnant minor woman married to her lover against the wishes of her parents and in another case of a mentally retarded woman ravished by a sentry in the protection home, the courts adopted a pro-life stance and allowed for retention of the foetuses, not withstanding consent for abortion by the parents in the former case and recommendation for termination of pregnancy by a medical board in the latter case.

Keywords:   sex selection, pre-conception and pre-natal diagnosis techniques (prohibition of sex selection) act, abortion, medical termination of pregnancy

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