An Analysis of Sex Selective Abortion- Its Laws & Trends

An Analysis of Sex Selective Abortion- Its Laws & Trends

Saloni Gupta & Mahak Paliwal
Symbiosis Law School, Pune

In a land where sex selective abortion prevails and where the society is swallowed by the myth surrounding the birth of a girl child, we bring to light the adversities inflicted upon a girl even before she is born, violating her basic human right. Section 3 of the Medical Termination of Pregnancy Act, 1971 legalizes abortion under certain conditions in India.  Section 3A of the Pre Conception and Pre Natal Diagnostic Techniques Act, 1994 prohibits the act of sex selection by doctors or patients. We also provide recent case laws and judgments governing the same. This paper seeks to identify the extent to which implementation of PNDT Act, 1994 and MTP Act, 1971 has influenced sex ratio all over India. The authors aim to discuss whether these stringent laws have had any impact on sex ratio. Based on the recent Census of India and the National Family Health we give a detailed analysis of the current scenario regarding sex determination in India.

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