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Trending: Call for Papers Volume 6 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]

FEMALE FETICIDE AND INFANTICIDE: LEGAL MEASURES AND SOCIAL CHALLENGES – Asmita Singh

Abstract:

Female feticide and infanticide are grave social issues that have plagued societies across the globe, particularly in patriarchal cultures. Despite legal safeguards, technological advances, and international conventions, the practice of eliminating female children before or after birth continues in various forms. This research paper examines the historical roots, causes, legal measures, judicial interpretations, and socio-cultural challenges surrounding female feticide and infanticide. It evaluates national and international legal frameworks, the role of judiciary, and the impact of socio-economic factors while also suggesting reforms and recommendations.

  1. Introduction:

Female feticide refers to the deliberate abortion of a fetus solely because it is female, while female infanticide involves the killing of a female child after birth. These practices are rooted in cultural traditions that value male children over female ones. Despite constitutional guarantees of equality and a growing global movement for gender justice, the birth of a girl is still seen as a burden in several societies. This paper attempts to examine this issue holistically by evaluating the legal measures and the challenges that persist in society.

  1. Historical Background:

Historically, infanticide has been practiced in many civilizations, including ancient Greece, Rome, and China, where unwanted female children were abandoned or killed. In India, references to female infanticide exist in colonial records, particularly in Rajasthan, Punjab, and Gujarat. The British colonial administration tried to curb the practice through laws like the Infanticide Regulation Act, 1870, yet the issue remained pervasive.