Sex selection in India: Why a ban is not justified

Dev World Bioeth. 2020 Sep;20(3):150-156. doi: 10.1111/dewb.12250. Epub 2019 Oct 23.

Abstract

When widespread use of sex-selective abortion and sex selection through assisted reproduction lead to severe harms to third parties and perpetuate discrimination, should these practices be banned? In this paper I focus on India and show why a common argument for a ban on sex selection fails even in these circumstances. I set aside a common objection to the argument, namely that women have a right to procreative autonomy that trumps the state's interest in protecting other parties from harm, and argue against the ban on consequentialist grounds. I perform a pairwise comparative analysis of sex selection and its plausible alternatives and argue that that the ban fails to improve the state of affairs relative to a scenario without a ban. The ban makes the situation worse, especially for mothers and their daughters. India should therefore repeal its ban on sex selection.

Keywords: India; consequentialism; discrimination; procreative autonomy; sex selection.

Publication types

  • Research Support, Non-U.S. Gov't

MeSH terms

  • Dissent and Disputes*
  • Ethical Theory
  • Humans
  • India
  • Personal Autonomy
  • Sex Preselection / legislation & jurisprudence*
  • Social Control, Formal*