Petition to Conduct CBI Enquiry into Murder of Dr J A Mathan

Saturday, 21 May 2011

Abortion laws to become more stringent: CRISP recommendations

Abortion laws to become more stringent

New Delhi: A high-level meeting convened by the Prime Ministers office on Friday to consider urgent strategies to tackle Indias sliding child sex ratio will look at the possibility of making abortions subject to checks like mandatory counselling and medical advice.

Government studies of the alarming data on the state of the girl child thrown up by the 2011 census found that Indias no-questions-asked abortion policy,while being prochoice and an empowering option for women,was being misused to legally abort female fetuses.

Victims of a powerful son philosophy,women were pressured by their families after illegal scanning showed a female child to go in for abortions.This was aggravating the effect of illegal or backstreet abortions carried out by unscrupulous doctors or quacks after the first trimester of pregnancy.

The census figures for the overall sex ration and child population in the 0-6 age group revealed girls were subject to a double-whammy.Females were not only aborted before birth but also victims of prejudice after birth.Girls are discriminated against with regard nutrition,medical attention and general care as compared to male children.

While government is keen to implement the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act that makes sex determination a crime more strictly than is the case,it is looking at more innovative strategies to address the unbroken decline in Indias sex ratio since 1961.

Critical analysis and Recommendations on Petition praying for urgent need to curb female foeticide

Presented to Rajya Sabha Committee on 23 March 2011 by Kumar Jahgirdar, Roshni Mathan Pereira, Sivakumar Challa [Other discussions are Privileged Motion]]

Prepared by multi-disciplinary experts

CRISP has presented the view of Conservative, Pro-life and Gender-neutral members of society.

Head Office: # 78, Osborne Road, (Near Lake Side Hospital), Bangalore - 42, India. Helpline No: +91 80 25593848 begin_of_the_skype_highlighting            +91 80 25593848      end_of_the_skype_highlightingMobile No: +91 98452 64488 begin_of_the_skype_highlighting            +91 98452 64488      end_of_the_skype_highlighting.
Critical analysis and Recommendations on Petition praying for urgent need to curb female foeticide       
Honorable Members of the Committee,
This memorandum is in response to your call for feedback, comments and suggestions on Petition praying for urgent need to curb female foeticide. We would also like to request for an opportunity to present our suggestions and recommendations on this issue. We humbly request for an opportunity to depose in front of the esteemed committee.
We represent CRISP, an acronym for Children’s Right Initiative for Shared Parenting. CRISP is a registered, pro-family, pro-life, Non Governmental Organization (NGO) founded by a group of citizens, who are concerned about child abuse, abortions (foeticide) of children (irrespective of gender and not medically indicated) and alienation of one spouse from children during divorce or separation. We feel the unborn child has the unquestionable right to life. CRISP also focuses on furthering the rights of a child to remain connected with both parents (consent of both parents for abortion-mandatory). We recommend that The MTP Act 1971 (amended 2002) includes a detailed counseling process, information of Risks, benefits & alternatives, counseling process by the Medical practitioner, and written informed consent by both husband and wife (for married persons).
We have studied the female foeticide problem since several years and we have following suggestions and recommendations regarding this petition:
1.      The data presented by the petitioners is questionable. This data is downloaded from a commercial website and this specimen data is also available from the website mis-quoted from. Refer the URL1
The Census has shown an increase in the sex ratio of total population from 927 in 1991 to 933 in 2001. Refer to the URL2
The same reference above says that “according to United Nation estimates, the world had 986 females against 1000 males in 2000”. Humans have a Fisherian natural sex ratio of 1.1 boys to 1 girls at birth. In humans, the sex ratio at birth is 909 girls for every 1000 boys. Available from the URL3
In humans, the secondary sex ratio is commonly assumed to be 105 boys to 100 girls or 952 girls for every 1000 boys. Refer to the URL4
The results of the petition are therefore of propaganda value, inaccurate and needs further substantiation from Census results provided by the Government of India. The Government must wait for the latest census-2010 figures for the accurate “sex ratios at birth Statistics” across states and across urban and rural India.

2)      Most Indian parents feel burdened about expenses for daughter’s marriage apart from dowry. India is one of the rare countries in the world, where parents take pride in spending for their children’s marriage and often parents are socially forced to spend huge sums of money for children’s marriage. This social practice has to be curbed. Today, even in hugely populated country like China, which has family system similar to ours, the parents rarely spend for the marriage of their children. Government must pass laws to curb this social practice, which is the root of female foeticide problem. It is to be noted that often marriage expenses in themselves can be much more than any dowry exchange that takes place.
3)      The Inheritance laws should implemented in letter and spirit of the law, for equal share of property of parental/ancestral property. The non-implementation of inheritance acts is the root cause for the evils of dowry system and its repercussions (Misuse of Section 498a).
4)      We strongly oppose the request of petitioners to provide reservations for women in private and public sector jobs. We are also opposed to reservations for women in politics, in education and in jobs. Reservations are like curing symptoms of a disease, while the disease remains uncured. We feel reservations for women anywhere will not solve their problems and will instead result in many unforeseen indirect problems. The disconnected prayer for ‘women reservations’ for a cause like ‘female foeticide’ takes away the seriousness of foeticide.
5)      Government must initiate pro-life, pro-family policies. The highly liberals abortion laws in India are partly responsible for foeticide (irrespective of gender). In many western countries, the abortion laws are stricter than India and there are serious anti-abortion lobbies, who believe it is their moral duty to save life of every unborn child. In many states in United States of America, the abortion laws are stricter than India.

Unfortunately in India, even the religious leaders (Hindu, Muslim or Christian) have shown little interest in opposing the very liberal abortion culture. Any abortion culture is genocide. Government must take a stricter stand on the entire abortion issue, as done by many Governments in Western countries.
6)      At present, there are not centralized records of pregnancies and abortions in India. We recommend that all pregnancy-related events like abortions be NOTIFIABLE events to Government authorities. This gives too much freedom to doctors and medical practitioners and they have the freedom to abort the children, once the gender of the child is determined. When all pregnancies and abortions are registered, it will become much difficult for medical practitioners to perform abortions and get away from the law.
7)      We agree with the petitioners that the manufacture and import of portable handheld ultra-sound machines must be prohibited in India and people violating it must be severely punished.

Recommendations of CRISP for Prevention of Female Foeticide:

1)      Registrations of all pregnancy-related events (Pregnancy, Abortions, Still-births) in centralized database, so that abortions can be tracked. The doctors and medical practitioners who do not register pregnancies and abortions into this central database must be severely punished. Strong punitive action has to be taken against Parents involved in female foeticide, with abettors (Abortion centres) given equal quantum of punishment.
2)      A new law has to be enacted to curb high marriage spending by parents. No parent should spend more than 6 month’s income for marriage of a son or daughter. This will not only curb marriage expenses, but also check the dowry menace. Inheritance laws have to be strictly implemented.
3)      Government must initiate pro-life policies to discourage mindless abortions in the first place. Mandatory counseling must be given to women, couples and families in case they choose to abort an unborn child. Medical practitioners and doctors must be made to cooperate with this mandatory counseling by special counseling centers in urban India.
4)      The reservations for women in jobs in public or private sector is a disconnected, unrelated event to the problem of female foeticide.
5)      Government (Ministry for Women and Children’s Welfare) must spend Rupees 40 Crores every year in media advertisement campaigns against dowry and extravagant marriages. The goal should be to completely eliminate marriage spending by parents in next 5 to 7 years.
6)      People must be educated through mass awareness campaigns that a son can bring more tears to parents than a daughter.
7)      The misuse of portable ultra sound scanning machines must be prohibited and the violators must be severely punished.
8)      A separate Union Minister has to be set up for Child Rights & Welfare, as roughly 40% of the population are minor children. This has to be delinked from the Women & Child Development Ministry.

1.      Sex ratio. Available from the URL:
2.      Census of India. 2001. Available from the URL:
3.      Human sex ration. Available from the URL:
4.      Sex ratio. Available from the URL:
5.      Role of men in families. United Nations. Available from the URL:
6.      All India Daughters Protection Forum. Available from the URL:
7.      Childrens Rights Initiative for Shared Parenting (CRISP). Available from the URL:
8.      Abortion laws. Available from the URL:

MTP Act 1971, amended 2002
Husband’s consent is not necessary for Abortions done for married women.

Consent of the following kinds is required before a legal abortion by an approved practitioner can be conducted on a pregnant female:
If married--- her own written consent. Husband’s consent not needed.
If unmarried and above 18years ---her own written consent.
If below 18 years ---written consent of her guardian.
If mentally unstable --- written consent of her guardian.
For married women, wife & husband’s Joint consent to be obtained for abortions mandatorily after a detailed counseling process. Culpable Liability of ‘Female foeticide’ will therefore be borne equally by both parents. This will make the law pro-family.
In Satya v Siri Ram, Supreme Court held that termination of pregnancy twice at instance of wife in spite of insistence on part of husband and his parents to have a child in family amounts to cruelty. Similarly in S.k Verma v. Usha, it was held that aborting foetus in the very first pregnancy by a deliberate act without consent of husband could amount to cruelty. Court in S.K case ignores the MTP Act where concern is not material.
Husband’s consent is not necessary for Abortions done for married women.

What about the right of widow to terminate pregnancy? Recently Delhi court has summoned a widow of a Delhi policeman, along with her parents and brother, for having aborted her husband’s only heir to be. According to the mother of the deceased policeman who is the complainant, the unborn foetus would have been the only heir of the deceased son, and the widow had got pregnancy terminated so that she could remarry. Summons has been issued as the court “is satisfied that there is sufficient material on record to proceed against the respondents for the offence under section 312/201, Indian Penal code”.

Concealment of Birth
Child murder, or concealment of pregnancy (Contravention of Concealment of Birth (Scotland) Act 1809; Con. 49 Geo. III, c. 14)
When a woman concealed her pregnancy during its course and did not seek help or assistance at the birth, and the child was found dead or missing. Concealment meant non-disclosure not merely active deception.
Contravention of Concealment of Birth Act has to be made (similar to Scotland/UK) in India. Concealment of pregnancy and birth is a premeditation event for female foeticide and against the proper care of foetus. Antenatal care of Mother if not done should be punishable.
Concealment of Pregnancy
Concealment of pregnancy
Contravention of pregnancy Act is needed with punitive action for attempted deliveries in toilets
Female foeticide
No punitive action. Section 312 of Indian Penal code 1860. "Whoever voluntarily causes a women to miscarry, shall if such miscarriage be not caused in good faith for the purpose of saving the life of the women be punished .....”. The Explanation provided that a women who causes herself to miscarry within the meaning of this section, infringes right to life of mother.
Stringent punishment has to be done for medically non-indicated foeticide (irrespective of gender)
Pre-selection techniques
There are three main techniques of sex selection: (i) pre-natal testing and termination of
pregnancy (ii) pre-implantation genetic testing of embryos (iii) sperm sorting – selection of
sperm carrying X or Y chromosomes followed by insemination or IVF.
Banning of all pre-selection techniques, whether done in India or abroad. Strong monitoring of Sex selection done in India and abroad by Indians traveling abroad on Tourist or Medical Visas.
Thanks and Regards,
Mr.  Kumar Jahgirdar,
President, CRISP,
Head Office: # 78, Osborne Road, (Near Lake Side Hospital), Bangalore - 42, India. Helpline No: +91 80 25593848 begin_of_the_skype_highlighting            +91 80 25593848      end_of_the_skype_highlightingMobile No: +91 98452 64488 begin_of_the_skype_highlighting            +91 98452 64488      end_of_the_skype_highlighting.

Written by CRISP    

Kumar Jahgirdar (President) and Roshni Mathan Pereira (Family Counsellor, CRISP) with other members of CRISP and other NGOs

Kumar Jahgirdar (President), Sivakumar (Member) and Roshni Mathan Pereira (Family Counsellor) will be representing CRISP on 24 March 2011 at 3:45 pm to present their views to the Rajya Sabha Committee about Female foeticide.

Shri Kumar Jahgridar, 
Children Right Initiative for Shared Parenting(CRISP) 
No. 78, Osborne Road, 
Near Lakeside HDFC Bank, 

Sub: - Petition praying for urgent need to curb female foeticide.

I am directed to state that the Committee on Petitions of Rajya Sabha which is examining the captioned petition, has decided to have the benefit of your views in response to your Memorandum on the petition received on 24th February, 201 1, in its meeting to be held on Thursday, the 24th March, 2011 in Main Committee Room, Ground Floor, Parliament House Annexe, New Delhi. I am, therefore, to request you kindly to make it convenient to appear before the Committee at 3.45 P.M. on the above noted date and venue for the purpose 
2. You may, if you so desire, give a detailed/consolidated written note containing your viewslsuggestions (in English & Hindi) which could be sent to this Secretariat latest by 21st March, 2011 for circulation amongst the Members of the Committee. 
3. A line in confirmation of your appearance before the Committee may be sent to the undersigned at the earliest. 
4. A copy each of the petition and the list of Members of the Committee on Petitions is enclosed. 
Yours faithfully, 

Phone: 23035365(0) 

CRISP, c/o PBA Srinivasan, B-1/6, Hauz Khas, New Delhi – 110016, Mob: (0) 98716 43443

Head Office: # 78, Osborne Road, (Near Lake Side Hospital), Bangalore - 42, India. Helpline No:             +91 80 25593848 begin_of_the_skype_highlighting            +91 80 25593848      end_of_the_skype_highlighting      , Mobile No:             +91 98452 64488 begin_of_the_skype_highlighting            +91 98452 64488      end_of_the_skype_highlighting      .


Ref: CRISP/241210/2                                                                                                  24rd December, 2010

1 comment:

Anonymous said...

I believe other website proprietors should take this site
as an model, very clean and wonderful user pleasant
design .
Also visit my site win back your ex