INDIA
With 585 convictions in over 4K cases, SC rues poor implementation
Having a law to punish illegal sex determination has not helped the government's campaign to save the girl child. In the 24 years of its existence, the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act of 1994 yielded 586 convictions in 4,202 cases, a conviction rate of less than 14 per cent.
Maharashtra reported the second highest number of cases under the act after Rajasthan.
Holding that the conviction rate is "extremely poor", a bench of the Supreme Court said, "Rigorous implementation of the act is an edifice on which rests the task of saving the girl child. [Low conviction rate] reflects the challenges being faced by the appropriate authority in implementing this social legislation."
The bench of Justices Arun Mishra and Vineet Saran is monitoring a litigation about constitutional validity of certain provisions of the act over the past two decades,
India, which has a poor sex ratio, has struggled to stop the decline over the decades. The statistics of World Factbook 2016 of the US Central Intelligence Agency on female infanticide across the world has pegged India with a sex ratio of 112 males per 100 females.
In the first sex ratio study in 1961, India recorded 941 females per 1000 males. By 2001, it marginally rose to 933, and significantly in 2011 to 943. But between 2014 and 2016, it touched a low of 898.
Given the slipping female population, the apex court raised an alarm over the low rate of conviction.
The states with the most cases registered under the act are Rajasthan (701), Maharashtra (587), Haryana (313), Gujarat (235) and UP (139). The corresponding conviction rate is Rajasthan (149), Maharashtra (99), Haryana (85), Gujarat (18) and UP (20). It is in these very states that the sex ratio has shown a steep fall.
For instance, Gujarat showed the maximum decline of 53 points from 2013-15, followed by Haryana (35 points) and Rajasthan (32 points).
The ratio declined in 13 states including Uttarakhand, Maharashtra, West Bengal, Delhi, Assam, Himachal Pradesh and Chhattisgarh showing significant drop.
The apex court took these figures into account to dismiss a petition filed by Federation of Obstetrics and Gynaecological Societies of India questioning the inequality followed by the Act to treat minor anomalies of non-compliance at par with persons caught for illegal sex determination.
The judges refused to find fault with the law, as in its view, the falling sex ratio is a matter of concern as it not only impacts the demography of the nation but would incite violent practices of trafficking and bride-buying against women.
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