POPULATION-INDIA: CHANDIGARH, Punjab and Haryana, Aug 10 (IPS) - For campaigners against the
practice of selectively aborting unborn girls -- that has already affected the
gender balance in northern India -- nurse Pooja Rani is something of a heroine.
Crackdown on Sex Selective
Abortions
Alka Arya
A police raid on the hospital, supported by Patiala
district's civil surgeon, Dr. H.S. Mohi, resulted in the recovery of the remains
of several female foetuses and other evidence sufficient for the arrest of Singh
and his wife.
Rani, who has been working at the hospital for over two
months, told newspersons that she was appalled by what was going on there. ‘'In
the time I have been working there I personally know of at least a dozen
selective abortions that have taken place.''
India legislated, as long
ago as 1994, to ban the misuse of ultrasound and other medical diagnostic
techniques to determine the sex of unborn children and then terminate
pregnancies, if the foetus was found to be female. But gender determination is
big business in India where family and social pressures to produce male children
are immense. That situation combined with the ready availability of medical
techniques and doctors willing to perform abortions for a fat fee made a mockery
of the law.
The consequences of unchecked ‘female foeticide' became
shockingly apparent in the 2001 national census when the sex ratio in Punjab was
found to have dropped down to 874 females for every 1,000 males. In adjacent
Haryana (which shares the provincial capital of Chandigarh with Punjab), the
ratio was even worse -- 861 females per thousand males.
Apathy against a
process that was altering the demography of northern India began to change only
after the prestigious British medical journal ‘Lancet' estimated in January that
selective abortions may have claimed the lives of as many as five million girls
in India since the 1994 legislation. Researchers for Lancet estimated that
perhaps ten million girls have gone missing over the last 20 years as result of
medical technology coming to the aid of social prejudices.
While
Lancet's data was disputed by the powerful Indian Medical Association (IMA),
which assiduously fights to protect its well-heeled and highly qualified
constituents, the findings seem to have finally prodded reluctant officials and
politicians into action.
On Mar. 28, a court in Haryana state handed
down the first convictions for carrying out selective abortions, that of a
doctor and his assistant. Dr. Anil Sabhani and his technician received two-year
jail terms mostly on the strength evidence gathered through a sting operation
which caught them on film illegally identifying the sex of a foetus and
promising to abort it for a fee.
‘'The Haryana court verdict was a
trend-setter and people involved in this social crime stopped taking things for
granted,'' Dr. Balbir Singh Dahiya, a former state health director who led the
sting operation, told IPS in an interview. Dahiya said getting that all
important first conviction was tough. ''We had to use the services of four
pregnant women before we could gather enough evidence to present to the Haryana
State Appropriate Authority which nailed Sabhani.''
The authority was
specifically created by the state government to enforce the provisions of the
1994 law, officially called the Pre-conception pre-natal diagnostic techniques
(regulation and prevention of misuse) Act or PCPNDT Act, for short.
But
the fact that it took twelve years to secure a conviction was an indicator of
the hurdles in getting society to see ‘female foeticide' as unacceptable.
Because hard evidence is difficult to obtain, Tuesday's recovery of the remains
of aborted foetuses in Patiala is being seen as a major breakthrough.
The PCPNDT act allows pre-natal diagnostic techniques, including
ultrasonography, to detect genetic abnormalities or other sex-linked disorders
in a foetus. But the act says that no genetic counselling centre, laboratory or
clinic may employ pre-natal diagnostic techniques, to determine the sex of the
foetus. Violations are punishable with prison terms that may extend to five
years and a fine.
Medical termination of pregnancy has for decades been
legal in India, a country anxious restrict the growth of its population that now
stands at 1.1 billion and is next only to China's in size.
Acting on
public interest litigation filed by health activists concerned at
non-enforcement of the act the Supreme Court, in 2003, directed the central and
provincial governments to strictly implement the PCPNDT act through ‘appropriate
authorities'. These bodies, including the state director of health services, a
member of a women's organisation and an official of the law department, were
charged with ensuring implementation.
When even these were found to be
non-functional, the central health ministry set up, in October 2005, a National
Inspection and Monitoring Committee (NIMC) to improve enforcement. ‘'Our
observation was that the authorities were not taking their job seriously,''
Malini Bhattacharya, member of the NIMC, told IPS.
Much of the inaction
was explained to be the result of deeply ingrained social prejudices against the
girl child. ‘' This is a society which feels insecure without sons. And modern
technology is now helping people to have sons rather than daughters,'' said
Gouri Chowdhury, director of Action India, a Delhi-based non-government
organization. ‘'We have been running an awareness campaign in favour of the girl
child since 1980 but technology has been spreading faster than awareness.''
The conviction of Sabhani in Haryana and Tuesday's arrests in Patiala
have stirred serious debate within the medical fraternity. The secretary general
of the IMA, Vinay Aggarwal, said it is not enough to arrest doctors. "This is a
social problem that cannot be controlled by taking action against doctors found
guilty of violating the PCPNDT act. Governments should give priorities to girls
in its policies. Judgement such as in Dr. Sabhani's case will only make the
medical community defensive."
But Dahiya differs with this view. "The
community of medical practitioners cannot evade responsibility for this social
evil. Those who talk of changing mindsets are only trying to save their own
skins. I am in favour of cancelling the licence of doctors found guilty of
violating the PCPNDT act. Mere imprisonments and fines will not save society
from being deprived of females.''
Last month, Punjab's health minister,
R.C. Dogra, said the state would soon put into place a combined strategy of
creating awareness, stringent punishments and handsome incentives for parents of
girl children, to pro-actively combat the ‘‘evil trend'' of aborting female
foetuses. (FIN/2006)
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