Finishing Female Foeticide

 

                                   Author – Prabhakar Deshpande

Mobile: 9968433399, Email: advocacyindia@gmail.com

 

1.      Parliament Must Devote Entire Day to Discussing Female Foeticide

2.      Parliament Must Amend PCPNDT Act to ban Private Ultrasound Clinics

3.      Parliament must enact Draupadi Polyandry Act – permitting women to marry up to 5 husbands and create a cell with annual fund of Rs. 300 crore to encourage women to marry multiple men

4.      Dowry prohibition Act and Marriage Expenses Control Act must be implemented rigorously by creating a special ministry under union government for this purpose with a budget of Rs. 600 crore

5.      A complete NACO like cell should be created to implement PCPNDT Act with funds of Rs. 100 crores annually and staff strength of at least 1000.

 

Genocide in India is going unreported. Female Foeticide is a well-known fact. But the extent of it calls for its classification as a veritable genocide. For instance the 2001 Census figures point to a sex ratio for 0-6 age group of around 927 females per 1000 males. The sex ratio at birth has further worsened by 2002-03 by some rough estimates from civil registration of births to almost 882 females per 1000 males. Assuming an average of 900 females per 1000 males, this points out that almost 10% of females are missing. That would amount to extermination of almost one million women every year. This is genocide      

 

The sex ratio is worse in some many states such as Punjab, Haryana, Rajasthan, Gujarat, Delhi and Maharashtra.

 

State	Sex Ratio in 0-6 age group – 2001 Census
	Rural	Urban
Punjab	866	789
Haryana	884	809
Rajasthan	909	886
Delhi	917	866
Uttar Pradesh	928	880
Bihar	949	924
West Bengal	955	948
Orissa	949	927
Madhya Pradesh	960	941
Gujarat	908	827
Maharashtra	934	908
Andhra Pradesh	962	958
Karnataka	951	939
Kerala	958	951
Tamil Nadu	951	951
India	934	905
Source : Census 2001

 

The above table points to an alarming situation. Just imagine a state like Haryana where sex ratio at birth is just around 860 per thousand – clearly almost 13% of female fetuses are selectively aborted. The Punjab situation is equally threatening. Gujarat is especially bad with sex ratio very low at a mere 808 in urban areas.

 

India is experiencing genocide of proportion that civilized humanity has never experienced in thousands of years. The only reason that it does not cause shock or outrage is because it is foeticide and not infanticide. Again there has never been a discussion on abortion since the family planning program of the nation demanded that abortion be tolerated. The leniency towards abortion has meant that we have not viewed this selective elimination of female population as a massive human right violation or great evil.

 

Indeed the nation’s discussion on female foeticide is so crass and gross, that either we totally ignore it, or pretend that it does not exist, or the discussion is only in a context that how would men find wives to get married. Indeed , if almost 10% of female population gets eliminated clearly 10% of men would find it difficult to get married. Now this would lead to depression amoung men, increased suicide amoung men, emotional emptiness amoung men. Of course there could be increased violence against women, prostitution, and spread of diseases such as AIDS and Tuberculosis. But just imagine 10% of male population will have to remain unmarried for entire life and thus not experience joys of intimacy, family life or raising children. 10% of men would lead emotionally vacant, loveless lives, get depressed all the time, become social nuisance and possibly lead criminal lives full of vice and malevolent unproductive behavior. Apart from violence against women, men without families would also become terrorists, criminals and indulge in destruction of society.

 

The Why and How of Female Foeticide

 

India from centuries has never welcomed the birth of daughter. Indian culture either treats woman as a goddess or an object, pretentiously as goddess but actually as an object. Daughters were never welcome as is evident from the blessings given by Rishis – “Ashta Putra Saubhagyavati Bhava” – “Be a Mother of 8 sons” – the blessing was never for 4 sons and 4 daughters.

 

Indian culture has tolerated homicide against the female race. Either it was Sati, where the wife took to pyre after death of husband, or the practice of infanticide prevalent in Gujarat, Tamil Nadu and other parts of the nation.

 

So here we have culture that never prized the birth of daughter to start with. On top of this you had a new population control program that strongly advocated limiting size of the family. And if you had to have sons within a small family some daughters would have to disappear.

 

There is an economic cost to having a daughter. Firstly there is the almost mandatory dowry payment, that continues even in educated families. Secondly Indian marriages necessarily have a guest list that runs into almost a thousand, even for an almost nobody of a person. That means extremely expensive marriages – the cost of which have to borne by the girl’s father. Thirdly a son possibly could look after his parent and provide financial support in old age whereas a daughter becomes a property of some other family.

 

All this makes a daughter extremely undesirable – mostly for economic reasons, but also due to the cultural baggage that the nation is carrying. And in a situation where small family size is planned for, daughters must disappear.

 

While earlier, in absence of technology, infanticide, practiced very rarely was way out, for allowing the preference of sons to daughters to find an outlet, with the availability of technology such as ultrasound technology, which allowed detection of sex of the foetus, sex selective abortions became an easier way out for avoiding birth of daughter, without severe moral compunctions and fewer conscience pangs.

 

It was in the 80s that technologies for sex detection of foetus started to become available. And this sprang up the “avoid daughter industry” in India. The whole idea being, spend Rs. 500 now and save having to spend Rs. 500,000 later. 

 

The modus operandi is very simple. Ultrasound technology used for monitoring fetal well being is used for determining sex of the foetus. And the couple wanting to avoid birth of daughter, could use the information to decide upon sex selective abortion.

 

Consequences of Missing Women

 

The consequences of missing women are disastrous to contemplate. It is a tragedy that the very fact that we are killing one million women annually is not being seen as a reason to stop this genocide. Indeed it is ironical that the reason that is provided as strongest reason for stopping this genocide is the fact that men won’t find wives to get married.

 

Indeed if one were to argue that one must stop sex selective abortions and this genocide of women on grounds of women’s rights, such an argument won’t be taken seriously at all. However since we are people of this world and not philosophers in mountains, let us consider the implications of 10% of men not being able to find a wife and having to lead a single life for almost 60 years of their adult life.

 

The implications are very tragic, grave, painful and disastrous to contemplate. We are not talking of saints and monks, who can lead a life, without marriage delighting in spiritual joys, but men in flesh, with carnal instincts predominating their mental make up, who do not find any legitimate outlet for natural human instincts.

 

These 10% of men who do not find wives to get married will become serious victims of depression for most of their lives. Indeed living without a wife, children, family will make their life meaningless and hellish existence without rhyme or reason. Even as the nation boasts of 9-10% growth rate, these men without marriage or wife, will lead extremely miserable depressed lives, and would often be compelled to contemplate suicide. Just imagine a situation where 50 million men are perpetually clinically depressed requiring treatment by psychiatrist or mental health professionals. This could also lead to a culture of drug trafficking and spread the use of drugs and make the nation addicted to drugs, with 50 million or more addicts.

 

The second impact would be an increased violence against women. Marriage provides a safe legitimate outlet to carnal instincts and normal men – not monks or saints – could be induced into behavior that causes violence against women – rape, sexual harassment and so on. If 50 million men are unmarried, it could lead to few hundred million rapes every year.

 

There would be increase in immorality and heightened prostitution. This could bring diseases such as AIDS back to surface. Indeed just imagine 10% of men being affected by HIV/AIDS. India has already experienced an AIDS epidemic of sorts with almost 1% of its population affected by HIV/AIDS. But just imagine a situation where almost 10% of men are infected with HIV/AIDS. And this is not make belief. African nations have experienced HIV/AIDS prevalence rate of almost 35%. And if it can happen in Africa it can happen in India too. Just imagine 50 million men in India infected with HIV/AIDS

 

Apart from sexual violence, unmarried men without fulfillment – emotional, physical and spiritual – could go astray and lead criminal, violent lives. Such a large unmarried population of men could become terrorists, criminals, and indulge in socially destructive behaviour that could destroy the fabric of nation or indulge in anti national activities. Even controlling few thousand terrorists is difficult. Just imagine a situation where we have 50 million men in India who are terrorists, criminals, are indulging in violent activities, are a socially nuisance indulging in anti national activities.

 

What has the government been up to?

 

NGOs started to become aware of this mushrooming technology in mid 80s, and Maharashtra enacted law in 1988, banning use of technology for sex determination. In 1994, the Union Government of India enacted PNDT that made revealing sex of the foetus a criminal offence. The PNDT Act, while by no means entirely perfect, would have contained the sex selection industry. However its implementation has been very lenient, careless and ineffective.

 

While Supreme Court has passed orders on improving the implementation of Act in response to PIL filed by Cehat in May 2000, the implementation of the law continues to be very feeble. The only improvement has been that most ultrasound clinics are now registered, but this has not prevented them from continuing with sex determination tests.

 

Indeed with 30,000 registered ultrasound clinics spread all over the nation and a sex ratio at birth that hovers around 900 females per 1000 males, indicating sex selective abortion to the tune of a million per year, it comes as a shock that there have been only 300 prosecutions (mainly for non registration) and only one conviction. The very fact that almost a million sex selective abortions take place in India annually points to the fact that atleast 10,000 to 20,000 or more of the 30,000 clinics are either openly or covertly carrying out sex determination tests.

 

But the implementation of PNDT act is so weak, that there is nothing apart from the conscience of the doctor to prevent sex selection tests from being carried out. The PNDT cell in the ministry of health and family welfare has staff strength of less than 10 individuals, whereas for a problem of this magnitude it needs to be few hundred.

 

Further the chief medical officer or the district magistrate of each district who is supposed to monitor the implementation of PNDT act in that district are burdened with hundred other responsibilities, that makes it impossible to devote any time or attention to regulating the ultrasound clinics through PNDT Act.

 

Thus there is a PNDT Act, which requires each doctor to maintain documents (Form F) regarding every patient being treated with the ultrasound machine for pre natal diagnostic techniques. Again it allows the usage of ultrasound machine only for certain reasons and not for every pregnant woman. And revealing sex is clearly banned. However, in practice almost no doctor maintains documents, thus violating the law. Further ultrasound diagnosis is now prescribed routinely  – for fetal well being – thus violating the law. Again and this has to be established through a decoy operation, sex determination tests are covertly practiced in almost 10,000 to 20,000 or more of these ultrasound clinics.

 

What must be done?

 

This problem requires urgent attention of all parliamentarians, the government, the judiciary, media and public at large. The Prime Minister should actively get involved in entirely curbing female foeticide within 3-6 months time frame.

 

Steps to entirely eliminate female foeticide and its consequences can be divided into three categories.

 

Preventing Sex Selection.

Controlling the damage done due to sex selection.

Mitigating the causes of sex selection.

 

Preventing Sex Selection – Ban Private Ultrasound Clinics

 

The PNDT Act has been in force since 1996 and that means that the law to regulate and prevent sex selection has been in place for more than 10 years. The law was amended in 2003 to include pre conception sex selection too. However even after 10 years of the law, the practice of sex selection continues unchecked. It is very easy to get sex selection test done on foetus at almost every one of the 30,000 clinics, if not all of them.

 

It could be argued that the implementation of law has been slow and ineffective and there is some truth in that. Indeed the Supreme Court judgement requiring rigorous implementation of law points in that direction. However even after Supreme Court orders all that has happened, is that the clinics are now registered, but yet not  regulated.

 

Indeed all that is happening is that government is now registering the murderers, criminals and perpetrators of genocide. This is the first time in history of humanity, that a government of a civilized nation is spending more time in registering criminals, legitimizing murder and monitoring genocide rather that regulating criminals, preventing murder or stopping the genocide.

 

There is no denying that the PCPNDT Act is not being implemented effectively enough. But this debate takes away from the fact that perhaps the law itself may be faulty. And indeed the PCPNDT Act is totally, entirely and completely faulty.

 

Now if a few clinics – say a thousand or a little more of the 30,000 ultrasound clinics were indulging in sex selection tests, it could have been argued that law is not being implemented effectively. But almost all the 30,000 clinics are violating the law to some extent. After all the law does not merely prohibit sex selection tests, but allows use of pre natal diagnostic tests only for certain medical conditions. But almost every clinic openly uses ultrasound test for spurious, specious reason called fetal well being. This itself is violation of law and calls for shutting down these 30,000 clinics.

 

Actually there is no reason for these 30,000 clinics to exist in first place. Ultrasound technology is rarely required for reasons other than pre natal diagnostic technique. Very rarely is ultrasound required for examination of kidney, liver or abdomen. Most of the usage of ultrasound technology is restricted to examination of pregnant women.

 

Now almost all of pregnancy cases do not require ultrasound examination. It is in very rare case of preganancy that ultrasound examination is mandatory and adds value. Indeed the PCPNDT Act specifies only few conditions for which ultrasound prenatal diagnostic technique may be resorted too. But most of the ultrasound clinics routinely carry out ultrasound examination, thus totally, entirely and completely violating the law.

Indeed if ultrasound examination were to be restricted to only for the reasons specified in PCPNDT Act, a very small fraction of pregnancy cases would require ultrasound examination. And India would be able to provide a market for at most a thousand or a little more ultrasound machines.

 

However it is the clear violation of PCPNDT Act and the routine usage of ultrasound examination for prenatal diagnosis that has led to mushrooming of ultrasound clinics. Indeed if the PCPNDT Act were to be strictly implemented, not just to prevent sex selection test, but to ensure that ultrasound technology is used only for medical reasons specified in the act, than each and every one of the ultrasound clinic would be found to be violating law and thus effectively indulging in crime.

 

Now it is very clear that firstly that almost all the 30,000 clinics, even those not indulging in sex determination tests, are violating the PCPNDT act by routinely engaging in prenatal diagnostic technique for reasons not mentioned in the PCPNDT Act. Secondly, if one were to restrict pre natal diagnostic techniques only for reasons specified in the PCPNDT Act, India would require only a thousand or little more ultrasound machine clinics and not 30,000 clinics.

 

Hence the PCPNDT Act must be amended to entirely ban private ultrasound clinics. India does not need 30,000 ultrasound clinics. India may need a thousand or more ultrasound machines and these can be housed within government hospitals, health centers and thus carefully regulated.

 

There is bound to be huge resistance to this move to entirely ban private ultrasound clinics. But then the response of the government is obvious. Firstly most, if not all ultrasound clinics are carrying out sex determination tests. And each and every one of them is violating the PCPNDT Act by carrying out routine prenatal diagnostic tests for reasons not specified in PCPNDT Act.

 

Thus if each and every of the 30,000 clinics is a criminal clinic, this calls for complete banning of private ultrasound clinics. The government must amend the PCPNDT Act to completely ban private ultrasound clinics.

 

Implement the PCPNDT Act stringently, rigorously and closely.

 

The government’s effort at implementing the PNDT Act makes mockery of the Act. There is a PNDT cell in the ministry of health and family welfare. However this has staff strength of less than 10. Further, the PNDT cell is so impoverished that it does not even have a STD phone; leave alone technology required to closely implement the law.

 

Now the PNDT Act can be implemented either by carrying out “decoy operations” or by examining the Form F records. Both these means must be resorted to identify culprit clinics violating the PCPNDT Act.

 

However firstly the PNDT cell in the union ministry must be strengthened. The staff strength of PNDT cell should be immediately increased to 1000, with 600 of the staff deputed to each of the 600 districts in India. Each of these 600 PNDT officers in every district will be required to carry out at least one sting operation every week. The modus operandi of sting operation is simple – take a pregnant woman to a clinic with accompanying person carrying a recording (audio/video) device. In case the doctor reveals the sex of the foetus, we have evidence. Now the chief medical officer of the district would be required to seize the equipment and file case against the doctor.

 

Currently the PNDT cell under union ministry does not even carry out single sting operation. But in case 600 officers are required to carry out one sting operation every week, the ministry would succeed in carrying out 30,000 “sting operations” in a year. Further the PNDT officer in each district has to work closely with the chief medical officer, or appropriate district authority to ensure that PCPNDT act is closely implemented.

 

Not only would the PNDT officer carry out sting operation, but also carry out medical audit on all the clinics examining the Form F and other records. Now if the Form F has glaring flaws  – such as mentioning same name often, or many other discrepancies, clearly that calls for seizing the equipment and filing case. But more than that, even if the clinic is carrying out prenatal diagnostic technique for routine examination – for fetal well being and for reasons not specified in the PCPNDT Act, that itself calls for seizing the equipment and filing case against the doctor.

 

In addition to 600 PNDT officers deputed to each district, 300 officers from PNDT cell would tour various districts and carry out random medical audit on each clinic – say an audit of 2 clinics every week. Further they would monitor the implementation of PCPNDT act in each and every district in India from the centre.

 

There is an urgent need to increase the staff strength of the PNDT cell to 1000, of which 600 officers are deputed to each district and 300 monitor various districts from the centre. The budget for the PNDT cell should be increased to Rs. 200 crore to ensure effective implementation of PNDT act.

 

Ideally the PNDT Act needs to be amended to entirely ban private ultrasound clinics. But till such time that private ultrasound clinics are entirely banned, an interim measure would be ensuring that PCPNDT Act is effectively implemented.  And that cannot be effective by mere mollifying rhetoric from the Health Minister, but requires substantial resources allocated to PNDT cell – Rs. 200 crores annually and a staff of 1000 officers.

 

 

The Draupadi Polyandry Act

 

The measures underlined above would work towards preventing sex selective abortions and contain the deterioration of sex ratio. However, the damage has already been done. The sex ratio at birth for 2002-03 as ascertained from civil registration of birth indicates a sex ratio of around 882 females per 1000 males. Cleary almost 10% of women are missing. And that would mean that 10% of the men in India would have to remain unmarried. India has been aborting selectively almost 1 million women a year for more than a decade and that means 10-15 million men would have to live without marriage.

 

As discussed earlier, this would lead to depression and mental ill health amoung these 10 to 15 million men, and such lack of emotional, physical and spiritual satisfaction could lead to suicides, drug addiction. Further this could increase violence against women – rapes and sexual harassment by these 10-15 million men. Prostitution would increase largely and India would be compelled to deal with these 10-15 million men becoming HIV/AIDS affected. These 10-15 million men would possibly become criminals, indulge in terrorist activities, engage in anti social activities, increase crime and violence in society and could be threat to nation’s unity, integrity and security.

 

It is hence important to bring these 10 million men into mainstream society. But if each woman marries just one man, 10 million men would remain unmarried with consequences as stated above. Hence the only way out is if woman are allowed and encouraged to marry multiple men – polyandry.

 

This may shock people and will bring bricks rather than bouquets. But let us think back for a moment. Ramayana had Ram’s father Dasharath marrying three wives. Mahabharata had Draupadi marrying 5 husbands. Islam allows men to marry up to 4 wives, with Prophet Muhammad himself marrying multiple women.

 

This is not to say that polygamy or polyandry is an ideal situation. Indeed, polygamy or polyandry is at best a compromise. But considering the tragic situation that the extensive female foeticide has brought upon us, it is important to find a damage control measure, it is important to reduce the tragedy, it important to contain the severe disaster that India has allowed to be brought upon itself.

 

Hence the parliament must enact a law  – “The Draupadi Polyandry Act” that allows women to marry up to 5 men. Polygamy – men marrying multiple wives –  however would continue to be illegal and made illegal for Islamic population too.

 

But just implementing a law that allows women to marry multiple men is not sufficient. There would be so much resistance to this idea that it would be found entirely unacceptable. Hence the act, should not only allow, but require the government to encourage women to marry multiple men, especially in states where the sex ratio is adverse such as Haryana, Gujarat and Punjab. Government must spend Rs. 300 crore annually for next 20 years to encourage polyandry in states where there is strong deficit of female population.

 

 

Dowry Prohibition and Marriage Expenses Control Act

 

Why do families not want to have daughters? Apart from cultural reasons, massive expenses of marriage and the requirement to pay dowry are prime reasons to want to avoid having daughters. While there is Dowry Prohibition Act already in place since 1961 and the Essential Commodities Act, has Guest Control Provision, the implementation of these has been very ineffective.

 

While deficit of female population, in itself can reduce the demand for dowry, it is important for government to create a cell to ensure that dowry is not demanded or paid in any marriage. Further marriage expenses should not exceed 20% of annual income of girls’ father.

 

Firstly the Dowry Prohibition Act must be amended so that it includes a provision that the marriage expenses should not exceed 20% of annual expenses of girls father. Again the Dowry Prohibition Act must create a cell in the Union government with staff strength of 10,000 officers, with the sole purpose of ensuring that expenses in every marriage do not exceed 20% of father’s income and that no dowry is paid in any marriage.

 

Conclusion

 

Female Foeticide in India is a genocide of one million women annually with tragic consequences. Urgent steps need to be taken to immediately end this genocide and prevent its tragic consequences. This could lead to 10% of men being unmarried, leading to immense increase in rapes, HIV/AIDS, criminal activity, depression and suicide. The easiest way to end this genocide is to ban private ultrasound clinics. Till such legislation is enacted, the PNDT cell must be strengthened with staff strength of 1000 officers to monitor 30,000 ultrasound clinics. An act permitting polyandry must be enacted and the government must make efforts to encourage women to marry upto 5 men in states with deficit of female population. It is also important for government to amend the Dowry Prohibition Act so that a cap is put on marriage expenses at 20% of annual income of father. A cell with 10,000 officers should be created to implement the dowry prohibition act.