K. Kannan
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198082880
- eISBN:
- 9780199082827
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198082880.003.0008
- Subject:
- Law, Medical Law
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 ...
More
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.Less
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.
