Interventions to Prevent Sex Selection Abortions and Female Infanticide

1. Interventions to Prevent Sex Selection Abortions and Female Infanticide Dr V Rukmini Rao Gramya Resource Centre for Women gramya.hyd@gmail.com Presentation to The District Collector and Officials, Nalgonda District, AP on 30.08.2011

2. A Social Disaster in the making • Sex ratio of girls has been declining drastically in AP • 0-6 years age group , the sex ratio (female : male) in Andhra Pradesh has declined from • 976 in 1961 • 961 in 2001 • 943 in 2011 • Leads to a more violent society and is a reflection of the low status women. It leads to further devaluation of women, reflected in increased crisis against women such as buying brides

3. Districts with Extremely low Sex Ratios

4. The Current problem

5. The Law • Female infanticide prohibited pre-independence by British rulers but little action taken • In 1978, Government issued a directive banning the misuse of amniocentesis in Government Hospital Laboratories • Maharashtra legislated PNDT Act 1988 • National legislation enacted. Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994 (came into force 1996)

6. The Law • An Act to provide for the prohibition of sex selection before or after conception and for regulation of pre-natal diagnostic techniques for the purposes of detecting abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto.

7. The Law • All diagnostic/referral centres to be registered • If the law is not followed, registration can be cancelled • The law prohibits sex selection before or after conception and misuse of pre-natal diagnostic techniques for determination of sex of foetus • Act also specifies punishment for advertisements promoting sex selection directly or indirectly

8. Punishments • Punishments for managements and other staff include • Imprisonment from 3-5 years • Fine from Rs 10,000 to Rs 1,00,000 • In case of doctors, suspension of the registration • Removal of his/her name from the register of the medical council (so that they cannot practice) • Husband/relative imprisonment upto 3 months and fine upto Rs 1000 or both (concerned woman not punished to the assumption of force used against her)

9. Punishments-Contd.. • Cognizable: This means that for such an offence the Police Officer may arrest without warrant • Non-bailable: This means that bail cannot be granted in such a case • Non-Compoundable: This means that the two parties to the case cannot settle the case and decide not to prosecute

10. Who can Complain? • Appropriate authority so designated • Officer authorized by central/state government • Any citizen who has given notice of at least 15 days to the appropriate authority to make a complaint in court • After 15 days can directly complain in court • Every public spirited person can activate the law and seek assistance of lawyer/NGO/Group of persons can also complain • The complaint need not be present on every date of hearing

11. Policy Making Bodies to Supervise and enable efficient implementation of the law • Central supervisory boards • State/Union Territory supervisory boards • Appropriate authority may exercise following powers a. Summmoning of any person who is in possession of any information relating to violation of the provision of this Act or the rules made thereunder b. Production of any document or material object relating to Clause (a) c. Issuing search warrant for any place suspected to be indulging in sex selection techniques or pre-natal sex determination and any other matter prescribed

12. Records to be maintained • Names and addresses of men and women given genetic counseling/names of spouses/fathers • Referral slips • Date for procedure/counseling • Case Records • Forms of Consent • Laboratory results • Microscopic pictures • Sonographic plates or slides • Recommendations and letters

13. Search and Seizure • The law provides for search and seizure and power to: • Enter freely into the place of search • Search at all reasonable times • Examine and inspect all documents • Forms • Books • Pamphlets • Advertisements • Material objects like sonographic plates or slides • Equipment like ultrasonography machines, needles, foetoscope etc

14. Strategies to Prevent Sex Selection Abortions • Identify existing pre-natal genetic counselling /genetic clinic /genetic laboratory determining sex of the Foetus including Ultrasonography • Already done by district administration (110 machines in operations) • AP has the advantage of active SHGs (15 women in a group) in every village and town use it and • Attach the nearest Social Action Committee promoting gender equality to each clinic for regular follow up of pregnant women. (These women will be \/are trained by Gramya)

15. Strategies to Prevent Sex Selection Abortions • Provide training to group leaders about PC PNDT Act, 1994 • 110 clinics using ultrasound machines identified • Identify two leaders in each 110 Social Action Committees closest to the clinic x 2 women leaders = 220 (total) • The women leaders will train their group internally

16. Strategies to Prevent Sex Selection Abortions • Gramya will support this process if funds are provided directly to the SHG leaders for training. Material/posters and food costs. This can be worked out • One day training for a batch of 50 to 60 (4 training programmes in total) • Action Plan: SHG leaders will visit the clinic once a week, collect the data regarding women screened • Link with Health Department/District Advisory Committee? • Regular follow up visits and counselling

17. Strategies to Prevent Sex Selection Abortions • Identify illegal centres and mobile units operational in the districts • Information can be collected form SHG leaders and other sources

18. Campaign • Identify and develop Kala-jata (street theatre) to take the message to prevent infanticide • Campaign to be carried out in all the towns where centres are operational and in a radius of 10 KMs • Attach Mandal Samakya leaders to the Kala-jata to follow up programmes with community interaction and counselling to men and women • Take up campaign to promote girl child rights in colleges and high schools, number to be selected each year • Target Youth groups, young men

19. Convergence with Integrated Child Development Scheme (ICDS) • Train ICDS Staff to counsel pregnant woman and her spouse to prevent infanticide • Train ICDS staff to restore girl babies from the cradle to her own parents • Ensure food support, clothing and health care to mother and child for 1 year according to the existing policy • Child Development Programme Officer (CDPO) and staff to be commended for restoring girl child to parents

20. Actions to be taken by Panchayats (local governance bodies) • Strict action against men / others who are pressuring women to give away or kill girl babies • Leaders across political parties to be invited to discuss the problem and give the message to save girl baby to party cadre • Awareness among youth groups with active participation of Sarpanch and ward members • Panchayat to record all births and deaths compulsorily

21. Actions to be taken by Panchayats • Sex ratio to be monitored in each panchayat and six monthly data to be displayed at the panchayat and village/thanda level • Well girl baby programmes to be promoted in all ICDS centers/panchayats • Livelihood promotion in interior/urban areas for women in distress • Tackle problem of Alcoholism (vigilance to be intensified) counseling men and referrals to detoxification centre • Similar actions in urban wards

22. Development Interventions(Issues related to Girl Babies) • Women with large families to receive direct support for food through ICDS/Mid day meal. • All children to be covered • Backward area grants can be utilized for this . SC/ST and other castes • Vulnerable women already in SHG to be provided • Special grants/interest free loans to start earning an incomes

23. Education • Support families with large number of girls, by enrolling older girls in government welfare hostels which indirectly provided economic support (free food, school uniforms and education) • Scholarships for higher education

24. Successful interventions in other countries and states • In China, strict action for sex selection abortions taken now • Departments involved National Family Planning Commission, Ministry of Health, State Food and Drug Administration, Ministry of Public Security and other Government Agencies • In 2005, 120 new born boys to 100 girls, 2010 ratio is 118 males for 100 females in China • South Korea, in 1990 sex ratio was 116.5 boys to 100 girls now discrimination reduced to 107.4 boys to 100 girls in 2010 (close to Biological norm) • Employment opportunities increased dramatically creating work for women • Political leaders providing inspiring slogans (to redress balance) • One daughter raised well is worth 10 sons • 6 out of 10 women in College

25. Challenges • Patriarchal Society is essentially anti women and girl child. • Jhajjar district in Haryana recorded the lowest adult as well as child sex ratio, and within the district, Barhana and Dimana villages recorded the worst CSRs. Jhajjar, which has a high literacy rate of 80.8 per cent (71 per cent for females and 89.4 per cent for males), has the worst CSR – 774 female children for every 1,000 male children • Himachal Pradesh Study highlights: tubectomy after one male child, tubectomy after two male children preferred leading to reduction in birth of 20% of girls

26. Challenges • While Barhana had a CSR of 378 (at birth) in 2010, Dimana was not much better, at 444 • Changes in law, policy and practice all needed. • Long term problems due to current Government policies of liberalization and privatization. Now private and school education appears attractive resulting in sons being sent to school and girls put out to work. • More than 90% of women in the economy work in informal economy with low skills, low pay and no job guarntees

27. Recommendations • Stop current cradle scheme, demand of women’s movement because it devalues girls and women • Special Support to 3rd 4th 5th girl child • Strict implementation of recording mother’s details in accordance with child rights • Own identity culture language to be maintained and strengthened

28. Contd • All National Rural Employment Guarantee Act (NREGA, work for 100 days) work places to provide crèche facilities for children • Mothers with infants to be provided appropriate work • Influence Society for Elimination of Rural Poverty (SERP) to give additional livelihood support to women with large family / girl children • Awareness creation in Judiciary to dispose women’s cases on a fast track