Gone down the drain
It is a rather
distressing and shameful fact that some 40-50 million girls and women are
"missing" or should we say callously eliminated, from the Indian population. A
study conducted by the United Nations Statistical Office and population division
points out that the declining sex ratio in India suggests that it is an
exception to the global rule of girls surviving better than boys owing to their
biologically stronger constitution. In most countries the sex ratio tends to be
in favour of women with an average of about 1050 women for every 1000 men. In
the capitalist countries, for example there are on an average, 106 women for
every 100 men; in sub-saharan Africa, there are 102 women for every 100 men; and
in South East Asia, 101 women for every 100 men. In India, on the contrary,
there are less than 93 women for every 100 men in the population, or 930 per
1000.
Studies have shown
that where men and women have equal access to nutrition and health care women
certainly are better than men and live longer. Infact it is only in societies
where there is a systematic and specific discrimination against women that their
population dwindles down. Declining child sex ratio is a glaring expression of
this violent discrimination against the feminine gender, from womb to tomb.
Table 1
Study this table carefully. See how the female population
have steadily declined over the century and how so-called independence has not
brought in any difference. What with all advancement in technology and
communication how can the fall be explained except by rampant exploitation and
oppression at the behest of a reactionary social system worst governance. In a
population of 102 crores even a 1% decline means lakhs of lives unduly lost.
Sex ratio in India 1901-2001
Census year |
Sex ratio
(females per 1000 males) |
1901 |
972 |
1911 |
964 |
1921 |
955 |
1931 |
950 |
1941 |
945 |
1951 |
946 |
1961 |
941 |
1971 |
930 |
1981 |
934 |
1991 |
927 |
2001 |
933 |
Statistics source : census of India 2001
The child sex ratio
(CSR) in India has been indicating a negative trend towards girl children for
decades now. The sharp decline in CSR from 945 in 1991 to 927 in 2001 as brought
forth by the 2001 census hit the public eye.
It was an avowed
expression of the devalued, vulnerable, oppressed status of women, with even the
female fetuses not spared.
If one takes a closer
look at the child sex ratio in different states it becomes apparent that large
declines between 1991-2001 have occurred mainly in Punjab, (from 875 in 1991 to
793 in 2001 in 0-6 age group, the worst record in India) Haryana, Himachal
Pradesh, Gujarat, Maharhastra, Chandhigarh and Delhi, all of which are
relatively well developed. Fall in child sex ratio in the above states mainly
points towards rampant practice of female foeticide along with certain amount of
infanticide as elsewhere.
Table 2
Child sex ratio, 1961-2001
(girls per 1000 boys aged 0-6)
A reflection of the degraded status of women in society
Census year |
India |
Karnataka |
1961 |
976 |
987 |
1971 |
964 |
978 |
1981 |
962 |
975 |
1991 |
945 |
960 |
2001 |
927 |
949 |
Female Foeticide
amounts to the elimination of the girl child right at the foetal stage after
determining the sex through varied diagnostic methods easily available in any of
the unscrupulous genetic clinics and so called counselling centres which have
mushroomed under varied names in cities and towns. It is mainly the middle class
and elite sections here which resort to this practice owing to strong
patriarchal notions, etc . In poor households in rural and urban areas it is
primarily poverty coupled with patriarchy that drives them towards female
infanticide which amounts to the killing of the child soon after it is born
through varied crude means.
In both cases feudal
and imperialist economic, social, cultural systems boost up the phenomena to
serve its own ends. The government which is supposed to be a guardian of the
system acts as a spectator, enacting toothless laws at the insistence of
activists who take up cudgels against the barbaric practice of doing away with
foetus \ infants simply because they happen to be female. A number of doctors
and nursing homes have availed both this rush to detect the gender of the foetus
and then to destroy it if it is female , to quickly pile up wealth. Women who
are often more victims than willing participants in the crime cannot speak about
it. Men/families who encourage or coerce the women into it remain behind the
screen. Doctors who abet the crime hush up the whole matter. Thus hardly any
statistics is available regarding the actual number and extent of female
foeticide increasingly occurring in this country. Incidence of Female
infanticide also far exceeds the available data.
Table 3
Child Sex Ratio (0-6 years), India and major states
Territory |
1991 |
2001 |
Decline/Increase of CSR2001Over
CSR 1991 |
India |
945 |
927 |
Andhrapradesh |
975 |
964 |
-11 |
Assam |
975 |
964 |
-11 |
Bihar |
953 |
938 |
-15 |
Chattisgarh |
984 |
975 |
-9 |
Gujarat |
928 |
878 |
-50 |
Haryana |
879 |
820 |
-59 |
Jharkand |
979 |
966 |
-13 |
Karnataka |
960 |
949 |
-11 |
Kerala |
958 |
963 |
+5 |
Madya pradesh |
941 |
929 |
-12 |
Orissa |
967 |
950 |
-17 |
Punjab |
875 |
793 |
-82 |
Rajastan |
916 |
909 |
-7 |
Tamilnadu |
948 |
939 |
-9 |
Uttar pradesh |
927 |
916 |
-11 |
West bengal |
967 |
963 |
-4 |
Source: Census of India 2001, series 1, paper-1
Now Only Child
Mortality Rate (CMR), Infant Mortality Rate (IMR) and Child Sex Ratio (CSR) have
come to speak voluminously on the crime. The decline in CSR should also be
attributed to IMR, and CMR which are higher when it comes to girl children owing
to gross neglect in terms of basic food and health care.The role of sexual
violence on girl children cannot be overlooked either.
Female infanticide
was underlined as the most heinous crime against women in India during the
Beijing conference. Common people especially poor rural women were held as the
main culprits. It was the highlight of all pep talk on women by the politicians
who did not care to go into the fundamental reasons behind such episodes. Not
much was said about female foeticide either, that was a much more booming
business entailing large profits and spreading like an epidemic.
Socio-political dynamics behind the
morbid killings
The fact remains that
the living conditions of women in general and young girls in particular have
deteriorated over time. Women have a lowered status in the family and
society.They lack opportunities for education and employment. They are denied a
share in property. They have no access to any resources. Bound by highly
discriminative and exploitative social and cultural norms women fall prey to a
host of indescribable physical and mental violence. The great disregard and
disrespect for the lives and contribution of women to family and society has
also openly projected itself as not just dowry menace but rape and female
foeticide and Infanticide in the commodity world. They labour more, often eat
less and the returns are always poor. Ultimately women who are the producers and
creators of much value including human beings are seen as and made to see
themselves as a worthless burden, a use and throw commodity under the rule of
patriarchy.
Consequently an
unfair, illogical and unreasonable demand for male offsprings has also ensued.
Social pressures, fear of continued harassment by the husband and inlaws, lack
of selfworth, frustration at the future that awaits a girl child in general
which is marked by domestic and sexual violence have all led to the quick
elimination of the girl child right at the foetal or infantile stage.
Table 4
Infant mortality rate (IMR) and age specific death rate (ASDR)
in the age group of 0-4 and 5-9 by gender in India for the year 1998.
Year |
IMR |
ASDR (0-4) |
ASDR (5-9) |
M |
F |
M |
F |
M |
F |
1998 |
70 |
73 |
21 |
24.1 |
2.1 |
2.4 |
There is a larger
political dynamics behind this phenomenon. There are economic constraints
involved .There are also social pressures and cultural norms which are
pervasive, and which operate within this larger political and economic framework
whatever be its political, economic, social or cultural, or all combined which
lead to the erosion of the girl children born or unborn, patriarchy is the
common refrain that precipitates it. Whether the CMR is low in semi-feudal
Rajastan or in ‘agriculturally advanced’ Punjab and Haryana or in relatively
‘industrially advanced’Gujarat or Maharastra, as statistics indicate patriarchy
holds sway, rearing its ugly head from both the backward and relatively
developed platforms.
Female foeticide and
infanticide are a manifestation of gender bias. There is a common saying that
bringing up a girl is like watering the neighbour’s plants. Sons are considered
an asset while daughters are treated as a liability. A son under patriarchal
culture is favoured , for he is viewed as the saviour of the family, the carrier
of the lineage, the customary performer of the last rites, the inheritor of
wealth if any, etc while the daughter is viewed as a financial burden what with
dowry and marriage expenses and a security problem as violence on her abounds.
To add to this is the fierce population policy pursued by the government. A two
child norm is promoted through both coercive and persuasive measures in overt
and covert forms. Small family is both a need and a must in the present cultural
and economic mileu for a sizable section. And so if the couple intend to stop
with one child it has to be a son , and should they limit it to two, it could be
a son and a daughter, or two sons but cannot just be two daughters. Some even
insist on the first born being a son only.Thus generally if the second child is
also a girl the concerned woman is scoffed upon and should the third turn out to
be one she is under threat. A female foetus or infant has a limited fixed quota.
Beyond that it has no place in the womb or world. This is the unwritten
statement behind the killings.
The decade of
economic reforms with a significant decline of all state expenditure on public
health, education, with its subsidy cuts on food, farming, electricity and
irrigation, with its indiscriminate opening up of the economy to the vagaries of
the global imperialist market, with the abdication of all responsibility by the
state for minimum survival, employment and any development has created havoc in
people’s lives. There is a crisis in both the agriculture and industry. This
economic offensive against all working people and poor has particularly affected
the female population which is more vulnerable. The structured gender inequity
in the system has placed the women at a survival disadvantage with the impact of
reform policies having a more severe impact on them.
So economic
deprivation and poverty combined is one of the major reasons for growing female
infanticide in India. Especially rural masses who have neither access to
sophisticated tests or the money to afford such , wait until delivery to confirm
the gender after which it is retained or rid of ,depending on whether it is a
boy or girl. Some of the common methods used to kill the new born is by feeding
it the poisonous milk of Calotropis (erukkampal) or oleander shrub, or giving it
a few grains of paddy which will induce vomiting, convulsions and subsequent
death, or feeding it tobacco paste or pesticides, suffocating it to death with a
wet towel or strangulating it with the umbilical cord, or just leaving it in
open space in winter to die in cold, or dumping it in the dustbin. Such inhuman
acts done with impunity shows the extent of despise towards females and the
devalued status they have assumed. Even the midwife is unhappy because she is
paid lesser if a girl is delivered and even amongst the rich the house goes into
a celebration if a boy be born and mourning if it be a girl. When the sources
are meager it is considered a burden and waste to nourish a girl. Dowry has also
become a nightmare even amongst dalits and tribals as never before, causing them
to push the girl child as a curse, quickly to its grave. Girl children who are
allowed to survive are often the butt of abuses, utter neglect, undue ridicule
and hard labour which could rob them off their life. Horrible as it may sound
flesh trade is the only area where a girl child fetches a higher rate and
therefore sought after.
Tamilnadu is
highlighted on the chart of female infanticide. It is essentially a post 1960
phenomenon in Tamilnadu. Evidence from the field and the primary health centre
records on causes of infant death suggest that every year around 3000 female
infanticide cases occur in Tamilnadu. More than two thirds of these deaths take
place in the districts of Salem [average 1100, 1995-99] and Dharmapuri [average
1200, 1995-99] with Madurai, Theni, Dindigul, Erode, and Namakkal on the south
of the above and Vellore on the north forming a contiguous region and accounting
for all the remaining FI deaths.
Parallelly,
capitalist development has brought with it a strong consumerist culture. A
decrepit value system based on gross consumerism has emerged, which on the one
hand encourages expensive and wasteful rituals and lifestyle within a
patriarchal framework and on the other offers female foeticide as one solution
in the quest of such "good life". The blatant advertisements for sex selective
foeticide which emerged in the 1980’s in urban Maharastra and Delhi were the
explicit expressions of this consumerist value base.
Thus while female
infanticide [FI] is the dominant survival threat to baby girls in rural belts
and amidst urban poor, Female Foeticide [FF] serves as the capitalist market
strategy through which the desired sex composition is achieved by the urban
elite and educated classes. Both are a product of patriarchy and an inequal,
unjust socio-economic structure but while FI is often prodded by poverty, FF is
promoted by profit motives. Now let us dwell a little more deeply into the
foeticide market.
Diagnostic techniques create disaster
All reproductive
technology have been basically market-oriented, highly capitalistic and
patriarchal enterprises ostensibly in the service of women and outrightly
exploiting them. Womens rights over her reproductive health is still under
debate and lacks recognition in our country.Women persay even those educated are
not adequatetly informed of all the experiments that are being conducted over
their bodies, the medicines dumped, the tests conducted and the risks that they
invariably impose. Being a prey to family, social and cultural pressures they
yield subjecting themselves to painful procedures, traumatic experiences, even
to be the often unwilling accomplices of the murder of their female foetuses and
infants.
In many countries,
modern techniques of ultrasound scans and inutero sex testing basically to make
pregnancy safer are ironically abused to involve added risks through female
foeticide. The sex determination techniques arrived in India primarily for the
purpose of determining genetic abnormalities. But the strong patriarchal
environment combined with the medical industry’s search for newer pastures to
profit led it in no time to abuse it to determine the sex of the foetus and
thereafter destroy if it is a female.
The pre-natal
diagnostic techniques involve the use of technologies such as ultrasonography,
amniocentesis, chorion villi biopsy, foetoscopy, maternal serum analysis,etc.
These are supposedly meant to facilitate the detection of foetal abnormalities
and subsequent therapeutic interventions. All methods employed for sex
determination are highly intrusive, risky, quite expensive and socially
destructive. Not even 1% of them are utilised for the purpose they are meant
which is to diagnose foetal health except ultrasonogram which is extensively
used for all and sundry. The other pre-pregnancy sex selection methods commonly
used are X-Y separation of sperms, embryo biopsy and sex selection through
sprays. Pre-conception sex selection methods have currently invaded the market
and no law applies to them. None of these are said to be safe and aid as much in
causing gender and social disparity apart from causing havoc on woman’s health.
Often there is no scientific validity either.
The pre-natal
diagnostic techniques have thus come to cause more harm than good .They expose
women to serious health risks and complications. There is an increased risk of
abortion or congenital malformation in the foetus. There are serious adverse
effects on the reproductive organs due to intrusive procedures and late
abortions.
Haemorrhage , chronic
infections and inflammation, hormonal problems, menstrual disorders and tumours
to say the least are not uncommon. For instance amniocentesis which is commonly
used is normally carried out in the 16th week of pregnancy;wherein amniotic
cells are removed from the amniotic fluid and cultured in the laboratory for 3or
more weeks before the sex of the foetus can be determined. Apart from other
complications it could pose there is an inherent risk in carrying out the
abortion after this period.And ultrasound which happens to be the most widely
misused technique at present, [even as it is known to cause problems in nerve
conduction] for it is easier and relatively less expensive can help diagnose the
sex of the foetus only after 26-28 weeks of pregnancy .The complications of an
induced abortion after this period has to be only imagined .There is infact a
big racket going on in private clinics where the "culture" is not properly done
or premature conclusions are drawn based on feeble evidence, the foetus is
declared to be a female and hence aborted. The heavy fee pocketed ofcourse is
welcome enough for all kinds of malpractice fuelled by the patient’s anxiety and
helplessness. Apart from this ,such selective destruction of female foetus has
grave social ramifications. It leads to serious demographic imbalance affecting
the health and life of society as a whole.The growing decline in male-female
ratio will also result in more and more atrocities against women in the form of
increased violence, rape, prostitution, oppression, and suppression.
According to one
estimate, between 1978-82 nearly 78,000 foetuses were aborted in the country
after sex determination. Between 1986-87 30,000 to 50,000 female fetuses are
apprehended to have been aborted. Between1982-92 the number of clinics for sex
determination grew many fold. In the city of Bombay alone it multiplied from
less than 10 to around 300 in no time. A study reveals that in a clinic in
Bombay out of 8000 abortions performed 7,999 were that of girls. Between 87-88
nearly 13,000 PND tests were estimated to have been conducted in 7 Delhi clinics
alone.Reports also say that Delhi has the highest rate of female foeticide and
infanticide among all 7 union territories. Incidentally Delhi has one of the
highest numbers of dowry killings too. Recent statistics would definitely show
an enormous increase in all statistics in a number of clinics, in number of such
tests conducted, and numbers of girls evacuated, not withstanding so called laws
passed.The ever declining child sex ratio between 1961 -2001 stands a testimony
to this fact.[refer table 2]
There are numerous
arguments offered by the promoters of sex-determination and considered
acceptable by their clients. Some of them are that it is helpful in controlling
overpopulation and attaining the family planning targets and hence valid, that
it helps the woman to avoid unwanted pregnancies in the search after a son ,
that it helps assure the "quality" of the child etc .And convolutedly the most
vigorous argument revolves around the reproductive rights of women and her
‘choice’ in the matter. Here one should also be aware of the danger in the
argument against sex determination that goes to question and criticise the very
right to abort by women which is mainly voiced by the Anti-abortionist
fundamentalist right wing in the USA and elsewhere and picked up by others. The
Anti-women substance in both should be clearly addressed, while taking the right
steps to counter the commercial interests in the foeticide racket.
Historically speaking
Like umpteen other
evils that ensued from class society and patriarchy, foeticide and infanticide
in general were also byproducts of the same and compelled on women. They
basically reflect a pattern of violence on women and utter disregard for her
needs and interests, her physical and mental wellbeing. Whatever may have been
the varied specific reasons underlying this gruesome practice, in different
societies at different times, feudal moral impositions on women, conditions of
virtual slavery, capitalistic exploitative norms, and pregnancies through rapes
have all been some of the common causative factors along with the social and
cultural conditioning they created. Hence many have been the desperate attempts
by women to miscarry or get rid of the just born at the risk of their own lives
owing to fear and helplessness-both in the west and east. Evidences of this are
available in history and literature. But the targeting of girl children in
particular have become more pronounced only in later periods. While the sharp
escalation in female foeticide has been the contribution of modern technology to
boost patriarchy, female infanticide has been the one that has been prevalent
even as early as the 18th century. It was identified among Jadagas of kutch and
kathiawar, among certain communities of North- western provinces-Punjab, Oudh
and Rajastan,and Kunbis of Gujarat. Caste pride and prejudices, racist
connotations compounded by lowered status of women, thus exerting social and
financial pressures on marriage of girls led to their elimination in these
communities. It was found that in Punjab among 2000 bedi families living in a
certain division there was not a single girl. These crimes were committed in
private under pressure by generally adopting the method of smearing opium before
breast-feeding or tightening the umbilical cord over the infants neck or mouth
thus strangulating it.
Humanitarian
considerations provoked some British administrators and Indian reformers to
recognize and attempt to abolish this obnoxious custom. The earliest attempts to
eradicate were made in Kathiawar and Kutch by Alexander walker, chief resident
of Baroda as early as 1808. Penalties were imposed .An ‘infanticide fund ’ was
created to defray marriage expenses. A scheme of awarding parents of girls with
cash was initiated. But there was no official policy against it. The special Act
of 1870 drafted by John Strachey for prevention of female infanticide was
enforced on 17th April,1871.It provided for increased surveillance, restrictions
on marriage expenses, monitoring of pregnant women by village authorities,
meticulous registration of births and inquests if the child died within a week
etc. Periodic census was mandatory. Local government was vested with legal
powers to enforce the measures and disobedience of any provision was punishable
by Six months imprisonment and a fine of Rs 1000 or both .It made midwives,
chowkidars, patwaris, dais and a range of village officials and functionaries
responsible and they were directed to discourage abetting of the crime. Thus
this law made the whole community liable. As such incidences of killing
generally had a social sanction. It was an effective instrument in curbing the
practice .But by 1906 the Act was withdrawn as the crime was deemed to have been
eliminated thus making it unnecessary by the local governments in some provinces
.This ended the British initiative against female infanticide. It has taken
decades before the matter has come into the limelight again necessitating
special laws. But, in general, laws have minimal effect for dealing with
problems that have social sanction. It is only a wide social movement that
changes the status of women in society and does away with dowry that can
effectively put an end to infanticide and foeticide. Today laws exist against
amniosynthisis and dowry — yet both are rampant.
Laws and loopholes
It was only after a
prolonged and systematic campaign against sex determination and sex
pre-selection which were growing at an alarming rate by women’s groups and
forums formed for this purpose especially in Bombay that the Maharashtra
government was pressurised into passing a law, the first of its kind on this
issue, in India. It enacted a law called Maharastra Regulation of Prenatal
Diagnostic Technique Act,1988 which was passed on 10th May,1988. It banned the
use of medical techniques for the determination of the sex of the foetus, banned
advertisements relating to the facilities of sex-determination, but allowed the
regulated use of techniques approved and licensed genetic counseling centres
,clinics and laboratories. This Act was repealed by the Prenatal Diagnostic
Techniques (Regulation and Prevention of Misuse)Act,1994 which was passed on
20th September1994 applicable to whole of India except the state of
Jammu&Kashmir.
Other laws that
existed prior to this and pertaining to the issue were the relevant sections
from Sec 312 to Sec 316 of the Indian Penal Code (IPC) which hold the practice
of sex determination by Amniocentesis followed by abortion in case of female
child as not only illegal but a criminal offence, punishable with imprisonment
and fine. Also in the Medical Termination of Pregnancy (MTP) Act,1971.Under this
Act, all abortions carried out not only require the consent of women and any
abortion after 20 weeks is illegal. There are other conditions such as risk to
the life of pregnant women, injury to her physical or mental wellbeing ,
substantial risk to the physical or mental wellbeing of the child etc to allow
an abortion by registered Gynaecologists and Obstetricians. Thus Amniocentesis
is also an offence under the MTP Act as it is generally carried out in the 16th
week of pregnancy. After which the entire process, culture and tests etc
normally takes another 6 to 8 weeks based on which the decision to abort if it
is a female is made. It thereby violates the MTP Act which stipulates that
abortions have to be carried out within 20 weeks.
But as these Acts did
not suffice to regulate the use of Pre-natal Diagnostic Techniques for the
purpose of detecting Genetic, congenital, metabolic disorders and prevent its
misuse for the purpose of Prenatal sex determination leading to female foeticide
and matters connected therewith a separate Act called The Pre-natal Diagnostic
Techniques (PNDT) Act,1994 was passed. It provides for compulsory registration
of all genetic counseling centres, genetic laboratories and clinics. It laid
down specific conditions such as the age, health of the pregnant women etc on
whom the PNDT could be conducted. It prohibited the communication of the sex of
the foetus to the pregnant woman or her relative. It prohibits the seeking,
encouraging and the conduction of any test including ultrasonography for the
purpose of determining the sex of the foetus. Ironical as it may seem, the very
organisations which were instrumental in getting the PNDT Act passed are now
forced to struggle against the same with discontent and demands for changes in
it .A closer look at the Act will make the reasons behind this self-evident.
This new law, just as
dowry law with its many amendments, only barks and does not bite. It is only
symbolic and serves as an eyewash. First of all, it does not address the problem
of sex determination in a comprehensive way but only superficially. It does not
even possess the basic mechanisms necessary for its own effective
implementation. It infact leaves adequate grounds to ensure that its purpose or
claim is defeated. The list of conditions under which PNDT can be conducted, and
abnormalities to detect which it can be performed both can be expanded by the
central supervisory board and thus is left open. The legislation does not
question the techniques in any manner, address the risks involved, deliberately
closes its eyes to the mushrooming commercial interests taking advantage of it
and fails to address social pressure and prejudice working against women. It has
infact granted renewed legitimacy to a great private sector expansions in the
trade contrary to the demands put forth by many concerned social organizations
and activist groups that the tests permissible for the other sex determination
be confined to government hospitals alone so there is better monitoring. There
is no provision for registering any of the sophisticated equipments used on the
grounds that they are also meant for other purposes. There is nothing to
challenge the techniques of sex pre-selection or pre-conception which are being
practiced in various parts of this country. There is no provision for any local
vigilance committee or for third party complaints both of which can contribute
for better implementation of the Act. And more than all while leaving many
gaping holes through which the promoters, profiteers and practitioners of
selective female foetal elimination with PNDT can escape, the law comes down
heavily on the women who are for most part the victim and not the perpetrator of
the crime. She has little or no choice in decisionmaking. Often she is compelled
to destroy the foetus or kill the infant and the methods adopted make it
difficult to prove. Law refuses to recognise this fact of social coercion
especially when it comes to female infanticide where while the father and the
rest of the family are excluded the woman is penalised. This even prevents the
woman or those concerned about her from reporting the crime.
With the Judiciary
being patriarchal in its attitude this will only help it to use the law against
the women. For instance in Satya v Sriram, the court held that aborting a foetus
without the consent of the husband amounts to cruelty and therefore the grounds
for divorce under Hindu Marriage Act. It even observed that there was a need to
protect the right of the father to enjoy the spiritual benefit of having a son!
In V.Krishnan v G.Rajan, the Madras high court held that the MTP Act does not
confer or recognise the absolute right to terminate the pregnancy in any person
including the pregnant woman even in the first trimester. There is no question
of abortion on demand. Thus it took a conservative stance towards the women’s
right over her own body. In Karupayee v state, where although the father was
guilty, the court acquitted the father and punished the mother stating that the
two day old infant was under her care only and no one else had access to her! In
all the above the typical anti-woman stand is expressed clearly by the court
with no heed either to the general vulnerable low social status of women, their
powerless vulnerable position in the family or any sensitivity towards the
specific circumstances in which the concerned woman lies trapped in particular
cases.
But on the whole it
is not only that there are inherent weaknesses in the law but that the
implementation remains poor. There is neither the political will nor the social
commitment to implement it. The existing socio-economic structure with its
deep-rooted inequality and injustice and exploitation to prosper and profit at
the core, is in no way interested in securing its implementation or betterment.
Thus the continued apathy of the government to implement even its own laws
properly providing the necessary infrastructure, and the persistent patriarchal
mindset and attitude of the functionaries of such laws collaborates with the
violent patriarchal family and social structure that demands many things from
women including a reproduction of offsprings of its choice, at its will.
Hence on the one hand
there has not been a single conviction for female foeticide anywhere in the
country years after the law was passed although complaints have been registered
with the police .On the other, contrary to the law, any number of shady clinics
have mushroomed, multiplied, with the sole business of Pre-natal sex
determination, sex selection etc and they are not registered as required.
Despite countless demonstrations, advertisements relating to sex determination
keep on proliferating. New technologies arrive on the scene year after year.
For instance last
year a US based company ran a series of advertisements in the ‘Times of India’
for a gender selection approach which said that it is "safe", "easy to use" and
"upto 96% effective", "gender selection is now a realty" etc along with a
photograph of a bonny baby boy. Gen-select the company provides sketchy details
about its product both in its advertisement and on its website all dressed up in
pseudo-scientific jargon. The advertisement provoked immediate protests from
women’s and child rights groups in Bangalore against the product and the paper.
The Times of India subsequently stopped running the advertisement but in its
editorial it justified its decision to carry the advertisement by arguing that
women must be given the "freedom of choice" etc.
The promoters Jill
and Scott Sweazy conveniently claim ethicality and exemption from the PNDT Act
on the premise that the procedure is preconception and not prenatal. Leading
gynaecologists and obstetricians said preconception sex selection technologies
are only ‘hit or miss’ techniques, with no scientific validity and the genselect
spray is risky and could cause infertility. Anyway the company has so designed
the kit that it can easily escape should the method prove ineffective or induce
problems.
Recent developments
of less intrusive ultrasound facilities have spread like weeds all over the
country. Yet according to the estimates only 1% of the machines in use are
licensed. Various new techniques like X-Y separation and pre-implantation
genetic diagnosis are also abused for the purpose of sex determination.The end
result is that female fetuses continue to be exterminated and female infants
hounded to death at an alarming rate.
Various state
sponsored schemes which have been initiated to tackle the issue have not been
very successful either. Many like ‘Balika Smriddi Yojana’ by the I.K.Gujral Govt
in 97, the ‘Apna bheti apna dhan’ scheme by the Haryana Govt etc promised
monetary incentives which were not fulfilled, or not continued or were not of
immediate value etc. In any case grants for allowing the female to be born, to
live as such is a crude way of addressing the issue, indirectly endorsing the
anti-female stereotype and does not seek any basic change or motivate towards
it. The pseudo ‘Cradle Baby Scheme’ much propagandised by the Tamilnadu
Jayalalitha Govt seeks to offer shelter and give the girl child in adoption
instead of killing her, thus once again sanctioning the notion of not wanting
the female child. The underlying problem thereby remains untouched. The fact
remains that this scheme also has failed due to its bad implementation and
neglect of the abandoned child as against the tall claims made. Official figures
reveal that out of 133 children 70 died due to neglect under this scheme, while
unofficially it is reported to be much higher. Recently considering the sharp
declining sex ratio in Punjab in the 2001 census the Akal Takth jathedar has
notified the Sikh community that , " the act of female foeticide is violative of
Sikh principles and the offenders would be excommunicated ". What impact this
has on the community and whether it favours women remains to be seen, given the
political position of religious organisations as such towards women. Thus the
overall picture still remains bleak and calls for a great deal of attention.
Intervention and struggle a must
And again now the
central and state governments are hardpressed by the appalling child sex ratio
statistics to shed crocodile tears. Whether female foeticide or infanticide, the
state is primarily responsible for the ever degrading status of a growing
violence on women. Glossy superficial reports over the issue and mindboggling
statistics will not help.
Law by no means is an
end in itself nor will it be sufficient to tackle the issue. But better
monitoring and indictment of the real culprits will signal a warning to the
rest.The burden of proof should be on the culprits as the crime as such is
difficult to prove. Here it should be made compulsory to register births and
deaths. Complaints from a third party should be entertained and agencies and
clinics trading on sex determination &selective elimination should be
stringently punished. Pre conception sex selection techniques should be brought
under the purview of the PNDT act. Community responsibility and local vigilance
committees with concerned citizens could be introduced. But so long as women are
systematically oppressed and exploited by the patriarchal and other dominant
structures of power, laws and policies purported by the same forces, can assume
little meaning or purpose in relation to their victimisation. The main arena for
effective change must be at the social level in the battle against partriarchal
values and thinking towards equality in man-women relations.
At the social level
active campaigns against sex determination techniques are necessary. Awareness
about the hazards they induce should be created through print, audio and visual
media. Publicising the XX-XY chromosome theory which says that sex of the child
is determined by the genes of the man and not the woman can help hapless women
victimised should they bear daughters. The underlying problem of patriarchal
mindset, attitudes, cultural practices and social sanctions should be
consistently addressed and fought.The state that silently colludes with the
forces of exploitation and market interests and the disguised ideological
discourses in favour of patriarchy should be exposed and challenged. The complex
contexts through which oppression and exploitation gets produced and reproduced
should be countered.
Ultimately Conscious
vigilance and continued struggles against patriarchal values and practices
within oneself, in neighbourhood and society must multiply. So the real hope
lies only in conscientious citizens who could come forward to fight this evil
and much more at ground level, if innocent little children should be given an
option to survive, be prevented from being wiped off the face of the earth.
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