Non doctrinal Research relies on experience or observation alone, ofter without due regard for system or theory.

It is data based research coming up with conclusions that are capable of being verified by observation or experiment. It is therefore also known as experimental research. It look into social face or dimension of law and gap, if any between legal idealism and social reality Non doctrinal legal Research aims at highlighting the gaps that exist between the law in the statue book and law in action. In such a research, the researcher must first provide himself with a working hypothesis or guess as to the probable results. He then works to get enough facts to prove or disprove his hypothesis. In this research, it tries to investigate through empirical data how law and leagal institutons affect or mould human attitudes and what impact on society they create. Are laws and legal institutions serving the needs of society? Are they suited to the society in which they are operating? What forces in society have influenced shaping or reshaping a particular set of laws or leagal forms? Are laws properly administered and enforced or do they exist only in statute books? What are the factors, if any responsible for poor or non implementation of the laws?

Does abortion law abet female foeticide?

The MTP Act 1971 should be amended so that it permits abortion of only the first trimester pregnancies, and not those more than 12-14 weeks old when the sex of the foetus will be known.
Pre-natal diagnostic techniques, used to detect genetic abnormalities, were introduced in India in the 1970s. But these techniques are being misused to determine the sex of the foetus and to abort female foetuses. According to a study in India by an Indo-Canadian team of researchers, about 5,00,000 female foetuses have been aborted annually. This estimate appears to be closer to the truth. In India, the child sex ratio (CSR), expressed as the number of girls per 1,000 boys in the age group 0-6, has been continuously declining during the last 40-50 years. It was 976 in 1961, 964 in 1971, 962 in 1981, 945 in 1991, 927 in 2001 and 914 in 2011. The Indo-Canadian team found that in cases where the preceding child was a girl, the sex ratio for the subsequent birth was 759 girls per 1,000 boys. And when the two previous children were girls, the ratio fell even further to 719 girls. Social activists and non-governmental organisations raised a hue and cry over female foeticide. As a result, Parliament passed the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (referred to as the PNDT Act), which came into operation from January 1, 1996. However, during implementation, some inadequacies and practical difficulties in the administration of the Act came to the notice of the government. At the same time, techniques have been developed to select the sex of the child before conception and these have also contributed to the decline in the CSR. Taking into consideration these developments, the Act has been amended. It is now called the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of selection) Act, 1994 (referred to as the PC & PNDT Act) and it came into force with effect from February 14, 2003. Doctors and radiologists conducting, or soliciting parents for, sex determination tests can be imprisoned up to five years and fined up to Rs.50,000. Despite the PC & PNDT Act, the conviction rate is low and the selection of male child before conception and female foeticide continue to take place. Medical termination of pregnancy (MTP) is a respectable term for abortion. It follows that the MTP Act 1971 is an abortion law. According to the Act, when the length of pregnancy does not exceed 12 weeks, one medical practitioner can perform abortion; when it exceeds 12 weeks but does not exceed 20 weeks, not less than two practitioners should perform the abortion. The sex of the foetus will not be known until the pregnancy is 12-14 weeks old. Couples opt for female foeticide after the sex of the foetus is known, that is, after the pregnancy is more than 12-14 weeks old.

The MTP Act 1971 allows abortion when continuance of the pregnancy endangers the life or physical/mental health of the woman; if it is going to result in genetic abnormalities in the child; when the pregnancy is caused by rape; or when it occurs as a result of failure of any family planning device or method adopted by the couples. But for an amendment in 2002, which does not affect the present discussion, the 40-year-old law remains, by and large, in the same pristine condition. It is well known that even educated and economically well-off couples resort to female foeticide. Some unscrupulous couples who are aware of the provisions of the MTP Act 1971 might mention one of the reasons for the MTP and resort to sex selective abortions. The number of MTPs performed increased from 388,405 in 1980-81 to 770,714 in 2001-02. Not all the additional MTPs are sex selective abortions. But one can say with certainty that some of them could be female foeticides. Although it may be said that the MTP Act 1971 abets female foeticide, it is difficult to suggest the extent to which it does. Implications While female foeticide is bad in itself, the fact that millions of girls are missing in India has profound human and social implications. If the decline in CSR continues for another 20-30 years, the number of marriageable females will be far less than that of marriageable males. This will lead to the disappearance of the dowry problem and the old practice of giving and taking a bride price will come back into vogue. Polyandry (a woman having more than one husband at a time) may also emerge. Since monogamy is the ideal in India, many men may be required to embrace celibacy. The imbalance in sex ratio may increase violence, including rape, against women. With many men remaining unmarried, prostitution will increase substantially. A multipronged attack is necessary to tackle the problem of female foeticide. Both the PC & PNDT Act and the Dowry Prohibition Act should be implemented more effectively than before. The MTP Act 1971 should be amended in such a way that it permits the abortion of only the first trimester pregnancies, and not those which are more than 12-14 weeks old when the sex of the foetus will be known. Educational programmes encouraging parents to view daughters as no less valuable than sons need to be mounted. Turning the girl child from an economic liability into an asset is the most effective way of tackling the problem. The government should offer incentives of free education, extra PDS ration and, perhaps, even tax concessions for parents of girl children. Anyone involved in sex selection and prebirth elimination of

Medical Termination of Pregnancy Act: Abortion laws in India

Every year, about 1920 million abortions are done worldwide by individuals who are not qualified to perform such operations this includes self-induced abortions, or abortions performed by unqualified medical professionals. An estimated 68,000 women die as a result, and millions more have complications, many of which are permanent (World Health Organization Journal Sexual and Reproductive Health). This is mainly because of the social and legal obstacles to abortion. This post looks at the social impact of legalizing abortion, and the legal framework in India.

Abortion as a right
The social and religious aspects of the abortion debate should be distinguished. From a purely legal and medical perspective, access to safe and legal abortions is a fundamental aspect of womens health and liberty. A landmark case recognizing this right is the judgment of the US Supreme Court in Roe v.Wade (1970), where it was held that the fundamental right of the woman to choose whether to bear children follows from the right of privacy or liberty in matters related to marriage, family, and sex. Denial of abortion rights does not guarantee the elimination of abortions. Rather, it results in a considerable number of illegal abortions, which pose a major threat to the lives and health of women. For example, in Nepal, before abortion was a legalized, thousands of clandestine abortions were performed and 20-60% of all women admitted in obstetric and gynecological wards were suffering from complications arising out of unsafe abortions. At the same time, merely legalizing abortions is insufficient. Legislations facilitating abortion need to be supported with improved social conditions and health infrastructure. The Medical

Termination of Pregnancy Act in India permits abortion, but is inadequate in its scope and application.

Abortion law in India

Under the Medical Termination of Pregnancy Act, 1972, pregnancy may be terminated, provided certain conditions are met. It may be noted that medical termination of pregnancy can take place only in a hospital established or maintained by Government, or a place for the time being approved by Government. If the person is a minor or mentally unsound, no abortion can take place without the consent of the guardian. In all other cases, pregnancy can be terminated: 1. Where the length of the pregnancy has not exceeded twelve weeks if one registered medical practitioner. 2. Where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks if not less than two registered medical practitioners are, of opinion formed in good faith, that 1. The continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or 2. There is a substantial risk that if the child was born, it would have suffered from such physical or mental abnormalities as to be seriously handicapped. The only exception to the requirements under the Act arises if the termination of a pregnancy is immediately necessary to save the life of the pregnant woman, in which case, a registered medical practitioner may conduct an abortion at a place other than those specified under the Act, irrespective of the period of pregnancy. There is a statutory presumption that where the pregnancy is alleged by the pregnant woman to have been caused by rape, or where pregnancy occurs as a result of failure of contraception used by any married woman or her husband for the purpose of limiting the number of children, such pregnancy is a a grave injury to the mental health of the pregnant woman, and therefore, in such cases, there is a statutory entitlement to abortion. Besides this, the Act also provides that in determining whether the continuance of a pregnancy would involve such risk or injury, account may be taken of the pregnant womans actual or reasonably foreseeable environment. However, this leaves the ultimate decision in the hands of the medical practitioner, and there is no legal entitlement to abortion. So, for instance, if pregnancy occurs due to failure of contraception by an unmarried woman, she cannot demand abortion as a matter of right.

The major shortcoming of the Medical Termination of Pregnancy Act is that although it allows women to access abortion under certain circumstances, it does not provide the option of abortion as a right.More importantly, it does not provide for abortion as her right, granting a monopoly to medical opinion without any respect for the opinion of the woman who should be given the crucial right of choice making.

CAUSES OF FEMALE FOETICIDE WHY DO THEY DO THIS?

Female foeticide is a pressing issue which calls to be addressed at once. However, to get to the root of this issue, it is essential to understand the causes behind it. In India, however, there isnt actually a need to investigate into the problem much. We dont need to delve into any lengthy and detailed investigation or case study. The issue lies right on top, in front of our eyes in fact, it is a very part of our lives. One of the simplest and most obvious causes is a preference for the male child. Its simple couples prefer a male child over a female one. Reasons? Plenty. The root lies in our very own traditions, customs, beliefs and above all, our thinking. It is a general perception that the birth of a male child is beneficial and advantageous to the family. A male in the family is traditionally considered to be a source source of money, source of respect, source of name and fame. A man is expected to work and earn for his family in the process repaying all that was cost to bring him up. A woman is considered a financial obligation, as money spent on bringing her up, educating her, marrying her will not be repaid as she will go to her husbands house after marriage, and the benefits of all that investment shall go to his family. As Justice YK Sabharwal, Chief Justice of India, rightly says (in his speech about Eradication of Female Foeticide, delivered in Patiala on December 17, 2006), that Investing in a daughter they say is like watering your neighbours lawn. A boy shall grow up to be the head of the family, and he shall offer a sense of security to his aging parents take care of them, serve them and take over the responsibility of running the family. He shall also continue the name of the family (whereas, the girl shall take up her husbands last name). A male is considered to be a producer, whereas a female is considered to be a consumer. All this is mainly due to the patriarchal form of the Indian society. One simple assumption that can be made is that this preference is based on the form of society and families, a couple of decades back. Back then, a

male was expected to work and earn, whereas a female was supposed to sit at home, cook, and manage the house and children. This made a male child desirable, as he was, then, the only source of income and respect. This system was abolished today, females work nearly as much as men but the thinking remained unchanged. Another major cause and arguably the most prominent one is the age-old dowry system. Dowry is the money, goods and/or property a woman brings into a marriage. It is basically a payment done by the brides family to the grooms family during marriage. Reasons for dowry include provision of base funds for the husband to start a new family, establish his household and to feed and protect the family. Another reason is to support the woman and her children, if the husband were to die especially since women have a better average life-expectancy than men. However, in most cases, dowry is seen to be payment to the grooms family, for accepting the woman, and for taking responsibility for her there on. Dowry is very common in South-Asian countries like India. In India, expected dowries are huge hundreds of thousands in cash, car(s), some property. It is well beyond the capacity of many families to afford this, especially in rural areas (where the expectancy remains the same). Dowry is illegal in India, but this has not stopped families all over the nation from giving (trying) and accepting it. Also, in most cases, the brides family is expected to arrange and sponsor the wedding and Indian wedding are rightly nicknamed: Big-Fat-Indian-Wedding, pointing to the immense amount of effort, money, and glamour put in. Therefore, the birth of a female child indicates huge amounts of expenditure later in her life, when she shall be married which incidentally, is considered the most important time of a womans life. Couples do not wish to have such financial burdens on them loans and debts, for example: which most dowries force which is why they do not want a girl, to spare them from such huge monetary requirements. This is prevalent to such an extent, that many small clinics that perform illegal sex-determination tests and help couples abort female foetuses, advertise using the slogan, 500 now, or 5,00,000 later the former indicating the price of an abortion, and the latter that of the dowry. Another reason for the unwanted status of the female child is the burden on her parents regarding her safety. Incidences of girls subjected to rape, molesting, sexual abuse, domestic violence, trafficking, etc. are growing every day, and parents dont want to risk their girl childs safety (with a male child, such things arent a worry).

There are a couple of other minor reasons, such as the higher rate of migration (studying and/or living abroad) in men than women (a child studying abroad is a matter of pride for parents, traditionally), and the responsibility of parents to ensure the untouched and clean status of a girl before marriage and that to instil in her the right attitudes, and to teach her to be a good wife and to please her in-laws, failing which, the parents are blamed. However, these are the major and most prevalent reasons for female foeticide in the Indian society, today. A commonly suggested reason is illiteracy. It is assumed that people are illiterate and not educated, and hence they commit this heinous act. However, logical as it may sound, this cannot be safely established. Numbers tell us that, this practice of female foeticide is equally prevalent, if not more, in urban parts of India (which host the so called rich and upper class people) as in rural areas. Clinics are flocked in huge numbers in urban areas, to facilitate the facility of illegal sex determination. How can one then point the finger at illiteracy? It is also argued, that some of this has bases in religion too. For example, according to Hindu scriptures, it is a male wholl light the funeral pyre of his dead parent(s). However, this does not explain the cause for this foeticide. No Hindu scripture or religious text asks to kill a female child or foetus. On the other hand, Hindu books, Rig Veda, for example, hold women in a much respected light. Many women, in these texts, were highly regarded and respected. It is unjustified and unfair to point a finger at religion as a cause for female foeticide, for it our (mis)interpretations and understandings that are at fault. Another shocking fact is that doctors use the trust placed upon them for their own benefits.Knowing that the couple will abort the foetus if it is female, the doctors proclaim a female foetus even if the tests show a male foetus to avail the extra fee they receive for abortion. Understanding these reasons behind this practice of female foeticide, it is evident that the change has to be in the thinking and mentality of the people, and also the laws of our country to abolish and eradicate immoral and unjustified customs like dowry. These reasons have to be addressed immediately, if any change and improvement is desired it cannot be expected that female foeticide be stopped without changing anything else. Major and instantaneous changes are required in the way our country and its people basically function. Only then can we think about bringing about a change, and making India a better and safer nation for the fairer sex.

SEX RATIO DWINDLING NUMBERS

As said, female foeticide is an ever-growing menace in Indian societies, and there is ample evidence. Censuses and surveys bring about seriously threatening statistics and figures. According to the latest Census 2011, the overall sex ratio in India is 940 females per 1000 males. This may seem insignificant whys 60 less girls such a big issue? However, consider the massive population of India of over 1.22 billion, and do your math right and youll see the gravity of the situation. A deficit of 60 females per 1000 males, translates into a deficit of about 37 million (3.7 crore) females in India and that is a huge figure. In a natural world, without sex selective abortion, the sex ratio should be approximately 980 females per 1000 males (this is evolutions way of correcting for the higher infant mortality rate in boys, than girls, so the sex ratio is balanced by the onset of early adulthood in females amongst several other factors). Do some more math, and youll realize that there are 12 million less females in India than there should be. Things get worse when we delve into statistics concerning infants and children. The child sex ratio (0-6 years) is 914 girls per 1000 boys, an alarming decline from 927 in 2001 (and 945 in 1991, and 962 in 1981) the lowest recorded since Independence. States like Punjab and Haryana have child sex ration as low as 846 and 830, respectively. And the worst of them all, the secondary sex ratio (i.e. at birth) in India is 893 girls per 1000 boys, whereas the natural sex ratio at birth is estimated to be 943.

Source: Satyameva Jayate Episode 1: Daughters are precious

These figures are seriously startling and establish this issue as a major cause of worry. Indias figures lie far below what they should be, naturally. Indias sex ratio is lower than the world average of 990 females per 1000 males, and it ranks third in lowest secondary sex ratios in the world andfourteenth in lowest primary sex ratios. These statistics are enough to set alarm bells ringing, and inevitably call for immediate and severe action.

A NATION WITHOUT WOMEN

Why is female foeticide a problem? One of the most absurd questions one can ask, but one that nevertheless has to be answered to highlight the impeding dangers female foeticide brings along. Other than the obvious fact that female foeticide is simply murder, and socially and morally wrong, there are numerous other serious problems associated with the continuing of this practice. Evidently, female foeticide leads to a decline in the female population as can be plainly observed from the ever-declining sex ratio India possesses. This decline (as mentioned earlier) leads to a huge deficit of women when compared to the number of males. And this results in severe complications, and opens up possibilities of inevitable consequences in the near future. The first, and one of the most obvious consequences of female foeticide, is the lack of girls for marriage. Demographers predict there to be an acute shortage of brides over the next 20 years, due to the adverse sex ratio. This leads to a number of other problems the major being trafficking. The steep decline in the number of girls has led to a lack of girls available for marriage for young men. As a solution to this problem, girls, who have barely crossed the threshold of puberty, are imported from other districts or states for marriage for a price paid to the girls family. However, this is not the end of the problem this practice opens more cans of worms. These imported brides are, more often than not, ill-treated, and sexually exploited. In many places rural Punjab, for example the purchased girl is forced to be the wife of not only the husband, but also his brothers, and even, according to some reports, her father-in-law. These women are called Draupadis (named after the wife of the five Pandavas in the Mahabharata epic), and are subjected to continuous sexual and physical abuse.

Punjab and Haryana the states with the lowest sex ratio in India are home to well-organized networks that coordinate such trafficking. Women who are sold in these states, brought (or bought or kidnapped) from the Northeast (where the sex ratio is comparatively better), are called Paros. Heinously, after the woman has produced a boy child for her husband, or after he is sexually satisfied, the woman is either abandoned or passed on to another man who shall use her for the same purpose. At times, the woman is also discarded because the man is not pleased or satisfied with her. In this way, the woman is bought, used and exploited, and then passed on to be used again and again till she becomes sexually useless, following which, she is simply discarded or thrown away. Via trafficking, men tend to marry younger girls those who have barely reached puberty due to the lack of women of marriageable ages leading to an increase in child marriages. This leads to an obvious increase in fertility rates, and thus a greater rate of population growth (India already has more than its share of population woes). Child marriages also lead to declining numbers of women being educated. Other serious problems include child pregnancies and resulting health complications. Female trafficking is already taking place in India today in 2011 alone, fifteen thousand Indian women were bought and sold as brides. This number is prevalent with the sex ratio today it is not very difficult to imagine the rise as the ratio continues to decline. As the number of females continues dwindling, the surviving ones will face the reality of a maledominated society driven by a testosterone high. The decline in the female population will lead to increased cases of rape, molestation and sexual and physical assaults. It has been proven that more crimes are committed by men, than women. As the percentile of men in the society rises, crime rates will inevitably increase leading to numerous other related issues. The consequences of female foeticide (and infanticide) were effectively portrayed by Manish Jha in his 2003 film Matrubhoomi: A Nation Without Women. The film tells the story of a village in rural Bihar, where female infanticide and foeticide is on the rise. In about 2050 AD, the village is occupied only by men as there are no girls left. The young

men of the village are desperate for wives and release their frustration through group screenings of imported pornographic films, cross-dressed dance performances, and even bestiality. A man, who is looking for brides for his five sons, buys a beautiful young girl, Kalki, from her father, and marries her to all five. She is forced to sleep with one son each day of the week, and even the father gets his weekly night. She grows close to the youngest (who is the only one who treats her with respect), which results in his jealous brothers killing him. Desperate, Kalki tries to escape with a sympathetic young servant, but they are caught, and the servant is shot. The girl is tied to a pole in the barn. The villagers, trying to avenge the servants murder find Kalki, and instead, gang rape her night after night. Eventually, she gets pregnant, and a caste war ensues, with villagers fighting over the right of Kalki and her child. The film ends on a violent note with all the villagers killing each other off, but there is a ray of hope as Kalki gives birth to a female child. This film, being violent and disturbing (as the theme requires), tackles this issue and brings forth the severe consequences the continuing of this practice poses. For every action, there is an equal and opposite reaction. Female foeticide is homicidal and fatal, and rightly so, its effects are fatal and dangerous. It can lead to severe defamation, imbalance and immorality in societies. Blinded by the want for a male child and their unjustified hatred for the female child, the majority are often ignorant of the disaster they unwittingly invite by indulging in female foeticide.

Census of India 2011: Child sex ratio drops to lowest since Independence
NEW DELHI: Indicating a continuing preference for boys in society, the child sex ratio in India has dropped to 914 females against 1,000 males - the lowest since Independence - in the provisional 2011 Census report released today. Despite a slew of laws to prevent female foeticide and schemes to encourage families to have girl child, the ratio has declined from 927 females against 1,000 males in 2001 to 914, which was described as a "matter of grave concern" by Census Commissioner of India C Chandramauli.

Though an increasing trend in the child sex ratio (0-6 years) has been seen in Punjab, Haryana, Himachal Pradesh, Gujarat, Tamil Nadu, Mizoram and Andaman and Nicobar Islands, in all remaining 27 states and Union Territories, the child sex ratio shows decline over Census 2001. The highest child sex ratio has been reported in Mizoram (971 females against 1000 males) and Meghalaya (970). Notably, Punjab and Haryana, which have traditionally seen low sex ratio, have recorded an increasing trend but still remained at the bottom of the list. Haryana has 830 female children and Punjab 846 against per 1000 male child. Haryana's Jhajjar (774 females) and Mahendragarh (778 females) districts have the lowest sex ratio while Lahul and Spiti district of Himachal Pradesh has the highest sex ratio (1,013 females). Krishna Tirath, Minister of State for Women and Child Development, said the fall in girl child population is a matter of concern. Tirath said she will take up the issue with the problem states and stressed on proper implementation of women and child development schemes. Uttar Pradesh (29.7 million), Bihar (18.6 million), Maharashtra (12.8 million), Madhya Pradesh (10.5 million) and Rajasthan (10.5 million) constitute 52 per cent children in the age group of 0-6 years. Population (0-6 years) 2001-2011 registered minus 3.08 per cent growth with minus 2.42 for males and minus 3.80 for females. However, in some good news, the overall sex ratio at the national level has increased by 7 points since the 2001 Census to reach 940 females per 1000 male at Census 2011. This is the highest sex ratio recorded since 1971 and a shade lower than 1961. Increase in sex ratio has been recorded in 29 states and UTs while three major states - Bihar, Gujarat and Jammu and Kashmir - have shown a decline in sex ratio as compared to Census 2001. Kerala with 1084 has the highest sex ratio followed by Puducherry with 1038. Daman and Diu has the lowest sex ratio of 618.

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http://articles.economictimes.indiatimes.com/2011-03-31/news/29365989_1_ratio-males-girlchild http://en.wikipedia.org/wiki/Human_sex_ratio http://en.wikipedia.org/wiki/List_of_countries_by_sex_ratio http://iapsmgc.org/v3i116.pdf http://chartsbin.com/view/1193

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