A girl child is a liability and a boy is an asset in the eyes of an Indian parent.
Foeticide or feticide is an act that causes the death of a foetus. In a legal context, it refers to the deliberate or incidental killing of a foetus due to a criminal human act, such as a blow to the abdomen of a pregnant woman[1].
Female foeticide is in practice in India from the time of advent of technological advancements in medical field like prenatal sex determination in the 1990s. However, earlier to this, female child were killing after their birth in many regions of the country[2]. No one understands its negative aspect in the future. It is not easy to compensate the sex ratio even if we stop female foeticide completely in the next few years[3].
It is more a male dominated mindset that mechanically drives the Indian population to undermine their females. It is showing females as lesser beings that a majority of Indian men survive. The birth of a female child is mostly received with a sad smile or sometimes even breast beating and loud wails and there begins the long and arduous journey of the female child. She is fed less, educated less, and made to work more and to be subservient to the men in the family. She is taught about her gender weakness and how to protect herself from the ‘clutches’ of the predatory male be it even the father/ brother/ uncle or an outsider. If molested, she is made to stay mum for fear of societal retributions even though she was the victim and if she seeks legal assistance, she is put through further mental torture till she gives up. Sometimes even her life. Some unfortunate ones continue to suffer torture (physical and mental) or are sent up in a flame (which invariably is proved accidental in the court). The parents wash their hands off their daughters once she is married so in the event of a broken marriage, the female is left with nowhere to go!!
And then the government comes up with relief measures for the downtrodden girls and women such is the plight of women in our country “the status of a refugee”.
Such are some of the tragic life situations in the life of a female. So it’s anyone’s guess, why female feticide is on the increase now for no sensible mother would like to bring a female child to the world and let her undergo the tortures of a lifetime.
Some key reasons of female feticide are:
Obsession for son is prevalent in all income groups, education groups irrespective of caste and creed why there is obsession for son? Continuation of family lineage, performance of certain religious and social functions, performance of last rites, and expectation to provide financial, emotional and social support at old age are some of the factors. Hard tasks like ploughing in fields are very difficult for females, and sons are important assets in such situations. Who will look after them when the parents lose their strength with age? Things are no different for service-class retired people in urban areas.
Gender disparities exist throughout the life cycle of the individual from birth to death. At the birth of boy, whole family is excited and jubilant, and sweets are distributed[8].
Factors Leading to Female Feticide in India female Feticide are taking place for various factors viz. economic, socio ritual, and technological.
The practice of Dowry can be defined as the root cause of this evil practice. People had made a mindset that more the number of men in the family, more they’ll be earning and then get payee for in cash or kind at the time of marriage, whereas they have to do the opposite in case The practice went to its peak in 1990’s with the introduction of ultrasound machines, detecting the sex of the unborn child. Though many steps have been initiated by the Government in this regard still the stats of male to female ratio are shameful. It further led to crimes like increase in human trafficking. Girls were sold to places where fewer numbers were remaining as a result of female foeticide. The situation is really pathetic.
Sex selection techniques became popular in the western and north-western states in the late 70s and early 80s whilst they are becoming popular in the South now. The sex of a foetus can be determined at 13-14 weeks of pregnancy by trans-vaginal sonography and by 14-16 weeks through abdominal ultrasound. These methods have rendered early sex determination inexpensive, feasible and easily accessible. Although various preconception techniques that help in choosing the foetal sex have been described, their use is not widespread due to higher costs. The most important factor responsible for decreasing child sex ratio is the low status of Indian women coupled with traditional gender bias. The needs with regards to health, nutrition and education of a girl child have been neglected. As mentioned above, in the Vedic Age (1500-1000 BC), they were worshipped as goddesses[22]. However, with the passage of time, their status underwent significant and sharp decline and they were looked down upon as slaves of slaves. Studies report that women in southern India enjoy a better status irrespective of their literacy in comparison to their north Indian counterparts.
Cultural reasons
The reasons behind female foeticide and infanticide: are almost always cultural, rather than directly religious. Some of the reasons are –
The people behind female foeticide and infanticide
Male family members are the major decision-makers in the practice of female infanticide. However, their horrible role is suppressed and generally only the mother-in-law and “dais”, local unqualified nurses, are portrayed as villainesses. The husband and father in-law, though not directly involved in the act, are the ultimate decision makers for the crime.
Mother-in-laws: Ultimately the mother-in-law is pictured as the culprit for the crime. However, it should not be forgotten that without the active support of the male members of the family such ghastly crime cannot take place. There are also several instances wherein husbands threatened their wives not to come home with female babies. There is a great deal of psychological pressure placed upon the women, following the fact that if they produce more female babies, the husband may opt to marry another woman.
The “Dais”: In earlier days, when hospitals and medical facilities did not reach the rural areas, the daises were a source of assistance to the villagers. Some turn to Dais, who specializes in sex selection, letting the baby boys live and killing the baby girls[26].
Elders in the family: In many cases, when the elders in the family know that yet another girl child is born, they even refuse to see child’s face. In every family the father/male heads the family. He d determines each act of his house; hence, the committing of female infanticide cannot go unnoticed.
In traditional Indian culture, the female, and especially the mother is revered and there are significant female oriented religious cults and observances in the dominant Indian religion, i.e. Hinduism. However, there have always been significant restrictions on the freedom of a woman in all major Indian religious traditions. The Manusamhita, which tends to drive traditional Hindu rituals and accompanied behaviour in Northern India, clearly specifies an inferior role for women as a whole, and specially wives. While the Independence Movement earlier and the Indian Constitution later codified formal equality of men and women, the laws are often very difficult to implement. In the context of a deeply conservative social structure, enforcing women’s rights runs right into the patriarchal views of the larger society. For example, even though dowry, a practice where parents of brides have to pay large gifts to the groom’s family, has been outlawed, there has been very little prosecution over the years[27].
In a traditionalist, agrarian society where the vast majority of Indians still live today, children are viewed as sources of labour and future income. Male children are valued since they can perform physical labour, and will likely fetch a dowry at time of marriage. Daughters are physically weaker, socially restricted from performing labour, and may offer the prospect of severe financial hardship for families at the time of weddings (cost of weddings are usually borne by the bride’s family). The reality, as usual, is complex. The five lowest states by sex ratio in India are Haryana, Jammu & Kashmir, Sikkim, Punjab and Uttar Pradesh. By per capita income, the poorest states are Bihar, Uttar Pradesh, Jharkhand, Manipur and Assam. Interestingly, Punjab & Haryana are among the wealthiest states by per capita income, suggesting that it is not just economic deprivation that causes families to kill their girl children. In fact, the so-called Northern Hindi belt states are all below the national average, while all the Southern states are above; it provides anecdotal evidence to us that culture, and not just economic deprivation, plays a significant role in the attitude towards women.
Ironically, the increase in female feticide in India is likely a sad side effect of material progress, as well as aided by policies that would normally enhance women’s rights. Abortion was legalized in India in 1971 allowing for abortion in the case of rape, genetic abnormalities for the child, physical/mental health of the woman, as well as failure of birth control devices adopted by the parents. In practice, it is almost entirely at the discretion of the medical professional involved. Also, given the widespread fears about India’s rapidly rising population, there have been very few practical restrictions on abortion rights. The door was opened for sex-selective abortion in India and the ability to detect genetic abnormalities via medical ultrasound in the child also yielded sex data.
Sex selection appears to have played a major role in causing the deterioration observed in child sex ratio. Excess female mortality among infants and children contributes only moderately to the deficit of girls. The Indian Medical Association estimates that five million female foetuses are aborted each year. India’s child sex ratio (0-6 years) has declined from 945 in 1991 to 927 in 2001 and now to the lowest since independence: 914 females per 1,000 males in 2011. Overall sex ratios in the national capital New Delhi and two adjacent states Punjab & Haryana are below 900 per 1,000 m males as of the 2011 census.[28]
An unbalanced sex ratio, especially in the northern states, has serious implications on social stability. We can foresee gender-related crime growing; the traditional family structure disturbed; the proliferation of prostitution and crimes against women as well as acceleration in the growth of sexually transmitted diseases and AIDS. As men see women as the vulnerable group who are a becoming numerically smaller, and the prospects for marriage recede, the incidence of gang rapes can only rise.
The Long-Term Consequences of Aborting Female Foetuses
As Newton’s Third Law of Motion states, “For every action, there is an equal and opposite reaction.” The after-effects of the genocide of female feticide are far-reaching.
Skewed Sex Ratio: In India, the number of girls is declining with each passing decade. From 962 and 945 girls for every 1000 boys in the years 1981 and 1991 respectively, the ratio plummeted to a low of 914 girls born for 1000 boys in 2011. In China, the ratio is an alarming 100 girls for 118 boys (or 848 girls for 1000 boys). These are just two examples of nations trapped in vicious abortion cycles, but there are many other countries struggling with skewed sex ratios, as well. See below for more statistics from other countries[29].
Yes, indeed. When calculated for the entire population, the widespread disparity is more visible and alarming and may prove critical for the country’s development in political, economic, and emotional spheres. The sex ratios of other countries are listed below:
Vietnam: 892 females /1000 males
South Korea: 934 females /1000 males
USA: 962 females /1000 males
Canada: 943 females /1000 males
UK: 952 females /1000 males
Prevention and Solution
Do the facts listed above truly spell disaster for the future of women? Maybe not. The issues of female infanticide, female feticide, and selective sex abortion have gained global attention, and many international and national lawmaking bodies have come forward to stop this cruel practice. Of the numerous steps taken to curb the matter, the prominent ones are:
Ignorance is one of the major causes for selective sex abortion cases. Spreading awareness can go a long way in saving our future sisters, mothers, girlfriends and wives.
A cohesive and concerted effort by everyone can prove to be the requisite baby step in the right direction. We might not support the notion of women rising above men, becoming the dominant sex, or conquering the world, but the basic humane consideration to let an innocent child live and see the world she was conceived to grow in is not too much to ask. Let’s not be murderers of our own flesh and blood.
Institutional measures:
Describing female foeticide as a “disgrace” to society Mrs.Pratibha Patil India’s first women President has called upon the medical fraternity to ensure that diagnostic tests are not misused for pre-natal gender determination.
Mrs Meira Kumar first women Lok Sabha Speaker said, “Women have great power hidden within them. Even the Mahatma believed in this and decided to involve them in the freedom struggle. However, today we live in a country where rampant female foeticide and female infanticide take place.
Raveena Tandon, an actress who has been associated with numerous NGOs and social activities was in the Pink City recently to promote a campaign aimed at saving the girl child.
Hindu religious leaders have decided to launch a crusade against female foeticide in Mathura. Eminent politicians of the BJP and the Sangh Parivar, social workers and poets are expected to attend the inaugural function scheduled for tomorrow at the Vatsalya Gram Vrindavan here, Sadhvi Ritambhara, the chief architect of the crusade. “Female foeticide is a crime and it has nothing to do with the Hindu religion.
The crusade against it would start on December 16, 2008 with the congregation of saints, Shankaracharyas and social workers.
In our view, the issue of female infanticide or feticide is related to the larger issue of gender equality and respect. Female feticide cannot be combated simply by a legalistic approach. All the best-intentioned campaigns or laws will be completely irrelevant unless society as a whole learns to treat women with respect. India has never had a strong feminist movement, and it is still common for women to completely defer to their father or husband for making crucial life decisions such as marriage, career, children etc. Unless the entire mindset of society improves, and with it the position of women, only very terrible consequences can result from the continuing violence that the women of India face from birth, and sometimes even before they are born.
The Government and NGOs are making many legal attempts to prevent female infanticide. The Ministry of Health & Family Welfare has adopted a multi-pronged strategy to check female foeticide, which includes legislative measures, awareness generation as well as programmes for socio-economic empowerment of women. The steps taken by the government to prevent female foeticide under the Pre-conception and Pre-natal Diagnostic Techniques Act, 1994, PC & PNDT Act include the following: Reconstitution of statutory bodies under the Act and regular meetings of the Central Supervisory Board, State Supervisory Board and Advisory Committees to monitor effective implementation of the law; Rule 11(2) of the PC & PNDT Rules, 1996 has been amended to provide for confiscation of unregistered machines and further punishment of organizations which fail to register themselves under the Act; Dedicated PNDT cells have been set up at State/district level for enhancing in-house capacities for building credible cases for conviction against violations of the Act; Surprise field inspections of ultrasound clinics by the National Inspection and Monitoring Committee (NIMC) in states/UTs against violations under the Act;
Of the numerous steps taken to curb the matter, the prominent ones are:
Cancellation of the doctor’s license who partakes in fulfilling a client’s demand to do away with her girl child;
Heavy penalty imposed on companies, which specialize in marketing medical equipments used for illegal sex determination and abortion in unlicensed clinics and hospitals;
High fines and judicial action against ‘parents’ who knowingly try to kill their unborn baby;
Conclusion
Female foeticide is a horrific and illegal practice that has got to be stopped. The way to do this is by implementation of stronger laws and bringing about a change in the mind-set of our countrymen – uphill tasks, but absolutely crucial nevertheless.
[1] Miller (1987), pp. 97–98: “Most broadly defined, infanticide applies to the killing of children under the age of twelve months (deaths after that age would generally be classified as child homicide, although the definition and, hence, duration of childhood is culturally variable).”
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[30] Age Data – Single Year Age Data – C13 Table (India/States/UTs ) Population Enumeration Data (Final Population) – 2011, Census of India, Ministry of Home Affairs, Government of India
Author: Ankita Jain, BA LLB 3rd year, Law College Dehradun, Uttaranchal University.
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