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INTEGRATING REPRODUCTIVE RIGHTS INTO THE WORK OF NATIONAL HUMAN RIGHTS INSTITUTIONS OF THE ASIA PACIFIC REGION
India: Research into prenatal sex selection and female infanticide
The National Human Rights Commission of India first took up the issues of prenatal sex
selection and female infanticide in 2004, during regional and national consultations on “Public
Health and Human Rights”. In 2008, the Commission undertook a collaborative research project
with UNFPA entitled “Research and Review to Strengthen Pre-Conception and Pre-Natal
Diagnostic Techniques (Prohibition of Sex Selection) Act’s Implementation across Key States”.
The main objective of the research project was to review the cases registered by the States/Union
Territories under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex
Selection) Act (PCPNDT) and identify the hurdles in filing of such cases and the final orders
passed on these cases, thus focussing on the impediments in the implementation of the Act. In
October 2010, the Commission organized a one-day Conference on “Prenatal Sex Selection in
India: Issues, Concerns and Actions”. The main objective of the Conference was to critically
analyze the existing problem of prenatal sex selection in India and create awareness about
issues, concerns and actions relating to it. With regard to the issue of prenatal sex selection,
the Commission had earlier also recommended that a vigorous and comprehensive national
campaign needs to be undertaken as it is a matter which requires urgent and utmost concern of
the Government of India and the State Governments.
3.3. Innovations and good practices in relation to identifying and responding
to violations
The Paris Principles recommend that the mandate of NHRIs extend to reporting and
recommending on “any situation of violation of human rights”.28 To that end NHRIs should
be empowered to collect information from all sources and, preferably, to hear and respond
to complaints of violations from individuals and others.29 All member institutions of the APF
undertake at least some work that can be described as protecting and responding to human
rights violations. Much of this work is undertaken through a complaints mechanism. However
some institutions work outside the complaints system to identify and respond to violations of
human rights through, for example, the conducting of enquiries suo moto and visits to detention
facilities.
In relation to reproductive rights there were significant differences in the way in which (and the
extent to which) participating NHRIs were involved in actually identifying and responding to
violations. For example, while most institutions reported that they had received no complaints
about violations of reproductive rights, some reported very high numbers of such cases. A small
number of NHRIs were actually involved in service delivery: providing victims of human rights
violations with support and assistance and referring them to appropriate agencies for further care.
28
Ibid. at para.1(a)(ii)-(iv).
29
Ibid. at para. 3.