THE MISSING Responding to Female Feticide and in India By Gulika Reddy

Gulika is a human rights lawyer and the founder of Schools of Equality, a non-proft that runs activity-based programs in schools to shift social attitudes that perpetuate gender-based violence and other forms of identity-based discrimination. She is currently a Dubin Fellow at HKS and was a Human Rights Fellow at Columbia Law School.

ABSTRACT interventions that have attempted to address tatistics about female feticide highlight a it, and sets out a list of interventions that S strong bias against the child in India: can be implemented as a pilot in one of the an estimated ten million female fetuses have worst-affected districts. been aborted in the last two decades.1 India is also one of the few countries with a skewed INTRODUCTION infant mortality rate for girls as compared Legal frameworks in India guarantee equal- 2 5 to boys. This is not a new issue, nor is it one ity for all, irrespective of their sex. However, that has escaped the attention of law and according to a 2014 UN report, deeply policy makers. The government of India has entrenched preferences for a male child, com- launched national campaigns and schemes bined with advances in reproductive tech- to address the “shameful” fact that 2,000 girls nologies, has resulted in a sex ratio that has are being killed every day, and that there are reached emergency proportions and requires 70 villages in India where not a single girl has urgent action.6 The child sex ratio has been on been born in years.3 In 2015, the government a steady decline: from 976 girls to 1,000 boys of India announced a reward of INR 10 million in 1961, to 927 girls in 2001, and to 918 girls in (US $150,014) for the most “innovative” village 2011.7 The child sex ratio is as low as 534 girls to 4 8 that achieves a more balanced child sex ratio. 1,000 boys in some districts. This presents an opportunity to work in part- In addition to an alarming rate of feticide, nership with district governments until the female babies are often abandoned, malnour- next census, which will take place in 2021. ished, or killed at birth.9 These acts amount This paper describes the nature and extent to female infanticide, which includes both of the problem, provides a literature review active attempts to kill a female infant as well which highlights the causes and complexities as neglect resulting in the death of an infant.10 of the issue, describes the applicable national The World Health Organization has reported legal frameworks that govern this harmful that boys and men in a given household traditional practice as well as government receive preference in terms of both nutrition

Reproductive Rights ∙ 47 and healthcare, resulting in higher mortality is prevalent across societies, the presence of rates for girls.11 Such neglect is widespread, “surplus men” can amplify the extent of vio- and female infanticide as a practice is so prev- lence.21 According to these academics, the fact alent that the methods by which it is practiced that two of the world’s most populous coun- form part of “community lore.”12 tries, India and China, have skewed sex ratios These practices cut across social, geo- is likely to have global implications, since high graphic, and economic boundaries in India. male-to-female sex ratios can threaten domes- An increase in levels of education or living tic and international security.22 in an urban area does not appear to have advanced the cause of the girl child. On the THE COMPLEXITIES OF FRAMING THE contrary, the sex ratio in rural India has been ISSUE consistently better.13 In addition, census data The practice of sex-selective feticide raises two in India suggests that states with a higher concerns for the women’s movement. First, it gross domestic product actually have less bal- represents an extreme form of gender-based anced sex ratios.14 There is a shockingly high discrimination, which prevents millions of incidence of female feticide among families girls from even being born. Second, it is a with higher economic status and educational form of violence involving the coercion of a qualifications. This is often attributed to the pregnant woman to selectively abort a female fact that they have easier access to repro- fetus, which has severe negative impacts on ductive technologies that assist in sex deter- her physical and mental health.23 This form mination.15 Countries where female genital of gender-based discrimination, and the mutilation is prevalent have had a similar solutions or legislative measures to address experience: modernization and an increase in it, have been particularly challenging and social mobility has made the practice easier to have sparked much debate among feminist perform, rather than serving as a deterrent.16 groups. Some feminists argue that there are Therefore, it is clear that female feticide and cases when women themselves do not want infanticide is a complex, systemic issue that a female child, and should have the choice needs to be addressed across the country. to abort a girl child whom society will “revile In addition to the gross human rights impli- and devalue” in the same way that they were cations for female fetuses and infants, this reviled and devalued.24 However, others issue has additional implications for women. argue that equating this form of abortion The skewed sex ratio in India has resulted in with the right to choice is unwise in the view bride trafficking,17 forced abduction, kidnap- of the cultural and economic constraints that ping of girls, and forced polyandry.18 Further, impair a woman’s real possibility of choice.25 academics have argued that violence against In an attempt to find a balance between these women in a society is likely to impact other viewpoints, the women’s movement in India forms of violence in and between societies.19 has intentionally stayed away from the right In part, this is due to the fact that a skewed sex to abortion debate, and has asserted that its ratio results in an excess proportion of men. categorization of sex selection as a form of Academics explain that a large percentage gender-based discrimination is not a pro-life of violent crime is committed by these “sur- position.26 plus men” or “bare branches,” terms used for A related debate is one concerning agency. young, unmarried, low social status men who Some feminists have questioned whether lack social bonds.20 While “surplus men” do assuming a woman is coerced into the prac- not necessarily cause violence, and violence tice amounts to denying her agency. However,

48 ∙ Women’s Policy Journal this view has been challenged by other fem- in traditional households. Rigid social cus- inists on the grounds that whether or not toms and religious ceremonies that families sex-selection is coerced or based on consent, are expected to perform for a daughter are it is premised on the perceived inferiority of expensive and sometimes entail providing a girls and women, and therefore amounts to feast and gifts to the entire village.31 For poor both gender-based discrimination and a form families, this amounts to expenses that they of .27 Further, it is crit- cannot afford, and failure to do so leads to ical to acknowledge that the reality in India social disgrace.32 While some of these argu- is that many pregnant women do not have ments seem to suggest that this practice is any decision-making power in this regard, more common among poor, uneducated fam- and are forced to defer to the wishes of their ilies, the reality is that even educated mothers husbands and in-laws in matters of family are as desirous of having a boy rather than a planning.28 girl.33 This often leads to families choosing The complexities that surround this issue to kill a girl child, highlighting the problem- highlight the fact that a deeper understand- atic belief that a family’s social status is more ing of the factors that perpetuate female feti- important than their daughter’s life.34 These cide and infanticide is necessary to effectively customs include high wedding and prevent and respond to it. costs borne by the bride’s parents. Dowry is the term used to described money, goods, and THE CAUSES OF FEMALE FETICIDE AND property that are given by the bride’s family to INFANTICIDE the groom and his family at the time of their has discussed the problems of wedding. Although dowry was made illegal as attributing the issue of “” to early as 1961, it is still prevalent and continues one cause. He discusses two “simplistic expla- to be one of the biggest deterrents to having nations”: the first is a cultural explanation a girl child.35 The magnitude of has that makes the claim that the West is less sexist been increasing for both poor and rich fam- than the East, and the second is an economic ilies.36 In parts of India, there are billboards development argument that claims that this that read: “invest Rs.500 now [on abortion] issue is a result of underdevelopment and is and save Rs.50,000 later [in dowry].”37 In addi- therefore prevalent in poor economies.29 He tion to expenses associated with having a girl argues that a combined analysis of both argu- child, there is a common perception that only ments, along with other social factors, is nec- a boy child will earn an income and look after essary to understand this issue.30 Other schol- his aging parents.38 Another deterrent to hav- ars agree that there are several factors that ing a girl child in patrilineal societies is that contribute to female feticide and infanticide. transmission of both the family name and While these are not uniform, or applicable to property passes through men.39 the same extent across the country, the most common factors have been broadly classified Cultural and Religious Factors below: In India, there is a deep-seated preference for a boy child. “May you be the mother of Economic Factors 100 sons” is a prevalent blessing for pregnant Although government schemes have been women.40 Sons are considered instrumental put in place to assist with girls’ education in the performance of religious formalities. and access to basic necessities, there are There is a Hindu belief that the son needs other costs associated with having a girl child to light the funeral pyre for the deceased

Reproductive Rights ∙ 49 parent to attain nirvana or “heaven.”41 It is persons.48 The International Covenant on also believed that a family that has only girls Civil and Political Rights, 1966, prohibits dis- in the family will be reborn as a lower caste in crimination on the basis of sex and mandates their next life.42 Families are therefore incen- that State Parties must ensure that individu- tivized to have at least one boy child. Women als whose rights are violated have access to an who do not have sons are considered failures effective remedy.49 and may be forced to suffer the “guilt” or bur- UN Treaties: The Convention of the den of having a girl child.43 However, these Elimination of All Forms of Discrimination arguments do not adequately acknowledge against Women, 1979, mandates State Parties to the fact that female feticide and infanticide undertake necessary measures to “modify the is prevalent across religions in India, and that social and cultural patterns of conduct of men there is a need to shift widely-held attitudes and women, with a view to achieving the elim- that perpetuate this form of discrimination.44 ination of prejudices and customary and all other practices which are based on the idea of Legal and Medical Factors the inferiority or the superiority of either of the Although there is legislation that criminal- sexes or on stereotyped roles for men and wom- izes sex-selective abortion, there have been en.”50 Further, its General Recommendation very few prosecutions. The legislation was No. 19 acknowledges that harmful traditional introduced in 1994, but as of 2010, there had practices include “preference for male chil- only been approximately 20 convictions.45 dren,”51 and requires State Parties to look into Existing challenges to effective implemen- the nature and extent of attitudes, customs, tation include lack of rights awareness, apa- and practices that perpetuate violence against thetic and inactive law enforcement, inade- women, as well as to take steps to overcome quate monitoring of facilities that enable sex those attitudes and practices.52 determination, and the existence of medical The Convention on the Rights of the Child, practitioners who illegally conduct sex deter- 1989, requires that national governments take mination.46 These practitioners may use code measures to diminish child and infant mor- or signs to convey the sex of the fetus to avoid tality53 and abolish traditional practices that prosecution for sex revelation.47 are harmful to the health of children.54 With Despite traversing challenging terrain, the respect to harmful practices, State Parties are women’s movement has been successful in required to “take all appropriate legislative, acting as a catalyst to improve the de jure posi- administrative, social, and educational mea- tion in response to female feticide and infan- sures to protect the child from all forms of ticide. International frameworks, national physical or mental violence, injury or abuse, legislation, and government schemes that neglect or negligent treatment, maltreatment prohibit feticide and infanticide will be dis- or exploitation, including sexual abuse, while cussed in the next section. in the care of parent(s), legal guardian(s) or any other person who has the care of the child.”55 EXISTING LAW AND POLICY International Policy Instruments: The Plan FRAMEWORKS of Action for the Elimination of Harmful Traditional Practices Affecting the Health of International Framework Women and Children, 1994, includes female The International Bill of Human Rights: The feticide and infanticide as a form of vio- Universal Declaration of Human Rights, 1948, lence against women that has “serious nega- lays down the right to life and liberty for all tive implications on the economic and social

50 ∙ Women’s Policy Journal development of women and society, and is legislation, the Pre-Conception and Pre-Natal an expression of the societal gender subor- Diagnostic Techniques Act (PC-PNDT), 1994, dination of women.”56 The Plan of Action also to regulate the use of prenatal diagnostic provides comprehensive recommendations techniques65 and to prohibit its use for sex to address the human rights implications of determination.66 The Act mandates the regis- having preferences for sons.57 tration of genetic counseling centers, genetic The Vienna Declaration and Programme laboratories, and genetic clinics,67 and pro- of Action of the World Conference on Human hibits any kind of advertisement relating to Rights, 1993, highlights the importance of sex determination by these facilities.68 It also “eradication of any conflicts which may arise prohibits conducting a test for the purpose between the rights of women and the harm- of sex determination,69 and communicating ful effects of certain traditional or customary the sex of the fetus to the pregnant woman practices, cultural prejudices and religious or her family.70 A violation of these provisions extremism.”58 It also urges all States to take is penalized with both imprisonment and a effective measures against female infanti- fine.71 However, this penalty does not apply to cide59 and remove customs and practices that a woman who is forced to undergo a pre-natal discriminate against and cause harm to the diagnostic technique by her husband or rela- girl child.60 tive,72 which is often the case. Further, as dis- The Beijing Declaration and the Platform cussed earlier, there have been extremely few for Action, 1995, provides that violence against convictions under this legislation. women includes female infanticide and pre- The Indian Penal Code, 1860, does not use natal sex selection.61 It recommends that gov- the terms feticide or infanticide. However, ernments enact and enforce legislation that it includes provisions that criminalize both prohibits female infanticide and prenatal sex practices. Section 300 defines and penalizes selection;62 develop and implement plans of murder, and Sections 312 to 318 prohibit vol- action to eliminate violence against women;63 untarily causing a woman to miscarry, com- and adopt measures “especially in the field of mitting an act with the intention to prevent a education, to modify the social and cultural child from being born, causing the child to die patterns of conduct of men and women, and after it is born, and abandoning, concealing, to eliminate prejudices, customary practices or secretly disposing of the body. and all other practices based on the idea of National Planning Document: The National the inferiority or superiority of either of the Plan of Action for Children, 2005, is a plan- sexes and on stereotyped roles for men and ning document concerning the rights of women.”64 children. One of the 12 priority areas identi- fied under the National Plan of Action is the National Framework abolition of female feticide and infanticide,73 Many of the international human rights and one of its key objectives is: “To eliminate obligations discussed above are reflected in all forms of discrimination against the girl the national legal framework as well. Article child which result in harmful and unethical 21 of the Constitution of India guarantees practices, like pre-natal sex selection, female the “Right to Life” to all persons, and Article foeticide and infanticide, gender stereotypes, 51A(e) provides that it is the duty of all citizens discrimination in care and food allocation, to renounce practices derogatory to the sta- socialization, etc.”74 tus of women. In addition to providing con- National Campaigns and Government Schemes: stitutional safeguards, India passed statutory In 2015, the government of India launched

Reproductive Rights ∙ 51 the twin programs of “Beti bachao, beti pad- currently being used by less than 5 percent of hao” (Save daughters, educate daughters) and its intended beneficiaries, as people are often “Sukanya Samriddhi account” (a savings account unaware that it exists.84 Also, it only applies to exclusively meant for the girl child with tax women who do not have any male children, benefits for the family), in an attempt to automatically precluding many from benefit- improve the child sex ratio. Recognizing that ing from the scheme.85 social and attitudinal factors contribute to the current sex ratio, the Beti Bachao, Beti Padhao A WAY FORWARD campaign aims to create a shift in patriarchal The issues that inform the fate of the girl child perceptions of the girl child.75 Its objectives in India are complex and deeply entrenched. are the elimination of sex selection, ensur- Therefore, addressing sex-selective feticide ing survival and protection of the girl child, and infanticide will require a multi-pronged and enabling access to education and equal approach that engages all stakeholders and participation for the girl child.76 The Sukanya addresses existing barriers to progress. The Samriddhi Yojana is an account that includes government’s announcement of a reward of a monetary investment for a girl child, in an INR 10 million (USD $150,014) for the most attempt to facilitate access to education as well “innovative” village that achieves a more bal- as “carefree marriage expenses.”77 anced child sex ratio86 presents an opportu- In addition to national schemes, there are nity for local and national NGOs to work in dozens of state schemes aimed at incentiv- partnership with district governments in the izing having a girl child.78 However, some of worst-affected districts untill the next census these schemes are only applicable to fam- in 2021. ilies where the girl child is the only child,79 and families who have adopted the two-child ADDRESSING SEX-SELECTIVE norm.80 These schemes are being imple- FETICIDE AND INFANTICIDE WILL mented by the Department of Women and REQUIRE A MULTI-PRONGED Child Development. In its most recent 2014- APPROACH THAT ENGAGES 15 report, there is very limited information ALL STAKEHOLDERS AND on the impact of its schemes, since many of ADDRESSES EXISTING BARRIERS them have been introduced fairly recent- TO PROGRESS. ly.81 However, interviews with civil society actors reveal that they are not achieving This section lists a set of activities that can their desired impact. For instance, the gov- be implemented in a district through such a ernment of Andhra Pradesh introduced the partnership between civil society and local Bangaru Thalli scheme that is meant to pro- government. These interventions can then vide financial assistance to all households be scaled to other districts based on commu- that commit to looking after and educating nity feedback and lessons learned. In order to their daughters.82 The scheme guarantees determine where to implement these activ- that money will be periodically given to the ities, census data can be used to identify the mother—at the time of her daughter’s birth, worst-affected districts, mandals (adminis- during immunization, and every year that trative divisions of land in India that com- her daughter is enrolled in school and/or col- prise several villages), and villages within lege—and that the amount of money increases those districts. as the level of the girl’s education increases.83 Prior to implementing the activities, a Although this could be a helpful scheme, it is baseline survey should be conducted, and

52 ∙ Women’s Policy Journal all activities should be documented on a PC-PNDT Act and the Indian Penal Code, and Management Information System (MIS) to highlight those sections that penalize persons monitor and evaluate implementation. One who abet such offences. Since the process of of the existing challenges of measuring prog- filing a case is commonly perceived as intimi- ress is the absence of robust indicators and dating, the workshops should also equip par- monitoring mechanisms. The current indi- ticipants with the knowledge and skills to file cators in India relating to feticide have been a complaint in a police station, and to collect described as “grossly inadequate” since most evidence and documentation that is necessary data is unavailable or unreliable.87 Experts to file a case in court. In addition to discussing working on this issue in India have stated that the law and legal processes, the workshops indicators should be determined based on the should highlight applicable national and state data of a specific country, and there should schemes that have been implemented for the be a strong monitoring system in place that benefit of a girl child. allows for regular collection of data concern- ing the girl child.88 Livelihood Training As discussed earlier, girls are often viewed as PROPOSED ACTIVITIES a financial burden and pregnant women do not have a choice about whether to keep the Combined Legal Awareness and female fetus or infant if they do not have a job. Leadership Training Since economic independendence has pos- Although laws in India are intended to pro- itively impacted women’s empowerment,89 tect girls and women from discrimination, offering livelihood training, with financial lit- the current reality does not reflect these mea- eracy modules, will enable women to exercise sures. This stems from the fact that good legis- control over their earnings and the decision lation alone does not guarantee justice; it has about keeping the fetus. to be combined with a number of fundamen- It is worth noting that this particular set tal enabling conditions, including extensive of workshops is intentionally targeted only rights awareness and socio-legal support to at women, since their barriers to accessing claim these rights. employment are different from what their Conducting village meetings and work- male counterparts face. Also, while discussing shops to increase rights awareness and applicable laws and possible leadership roles enhance leadership skills among women they can take on within their community, it enables greater access to, and better imple- is important to create spaces where women mentation of, existing legal frameworks. feel comfortable sharing challenges they face These programs should be combined because, in their homes, which may relate to their hus- despite attempts at creating rights awareness, bands and/or in-laws. All the other activities the lack of social support, stigma, and reper- proposed deliberately engage men as allies cussions associated with filing a complaint since they are influential change agents in against one’s husband or relative has served the household and community, and have the as a barrier to seeking justice. To create a crit- power to positively influence public opinion. ical mass of leaders necessary for sustaining change, participants should be trained as peer Conducting Workshops to Facilitate mentors who in turn can train others. Direct Advocacy with International The legal awareness curriculum should Mechanisms focus on the relevant provisions of the In addition to accessing domestic remedy

Reproductive Rights ∙ 53 mechanisms, individuals are entitled to rem- civil society representatives play a key role in edies under the international frameworks informing the process. They can do this by discussed earlier. In order to help them access participating in national consultations con- these frameworks, the civil society organiza- ducted by the state, passing on information tions can conduct community-level work- relating to the existing human rights situa- shops that enable participants to engage tion in the country, and monitoring and par- in direct advocacy with the UN system and ticipating in the implementation of the UPR reporting mechanisms of treaty bodies that recommendations.93 In addition, between hold the State accountable to international reviews, these local groups can publicize the human rights standards. This can be done by recommendations to help create public pres- giving them access to the data collected in the sure, monitor implementation, and engage in MIS and describing the various possibilities dialogue with the state.94 for engagement set out below. The Convention on the Elimination of Conducting Sensitization Workshops for All Forms of Discrimination against Women Frontline Professionals has an Optional Protocol that serves as a Awareness of rights and legal mechanisms mechanism for victims to access remedies: in the absence of an effective justice system a complaints process that can be accessed is insufficient. There is an urgent need for by individuals as well as women’s groups,90 capacity building of all actors responsible for and an inquiry process that empowers the the implementation of legal frameworks. This Committee to seek information from a State would include legal personnel and medical Party and look into complaints relating to personnel such as Accredited Social Health systematic violations of the Convention. Activists (ASHA workers), who are commu- It also allows for a follow-up process that nity health workers, and radiologists, who are requires governments to provide progress in direct contact with pregnant women and reports for efforts taken to remedy com- their families. plaints.91 However, in order to access these The Save the Girl Child campaign has pro- processes, an aggrieved woman would first posed capacity building of ASHA workers at need to have exhausted all domestic remedies the district level, and implementing authori- before filing a complaint to the Committee.92 ties at the state and national level.95 However, Therefore, while this process is beneficial, this is not the first attempt at sensitization. it is not something women can pursue as Previous state governments had introduced an immediate strategy. Accessing the com- similar attempts even after the 2001 census.96 plaints process would only be the stage after Singular training programs have proven inad- attempting domestic litigation, which itself equate to shift deeply entrenched attitudes of is an extremely time-consuming process. If, implementing authorities towards women however, it has been accessed and the gov- and gender roles. Therefore, discussions at ernment is due to submit a progress report, these sensitization workshops must be legiti- local groups can engage in direct advocacy to mized through institutional and policy shifts either contribute to or supplement the con- that promote accountability. tent of the report. Further, capacity-building efforts must In addition, there is the Universal Periodic include adequate steps to ensure that a sen- Review (UPR) process, which is a review of the sitive approach is adopted while working human rights records of UN Member States. towards implementation.97 Legal regimes Although this is state-driven, NGOs and other that condition the willingness of the state to

54 ∙ Women’s Policy Journal prosecute on the willingness of the victim to the government of India can build a women’s press charges will lead to significant underre- gender-based violence helpline, which will porting, since this places a heavy burden on serve as a crisis response system that provides women who live in socio-cultural contexts professional assistance through an Interactive where traditional stereotypes dictate what is Voice Response (IVR) and SMS platform, expected of them. In cases involving feticide which will help facilitate faster legal, medical, and infanticide, women find themselves in social, and psychological support for women situations where they need to file a case that being coerced into this harmful practice. This would result in their husband or relatives platform would enable real-time commu- being imprisoned, which is an extraordinary nity reporting, and would connect women burden. Adding to an already difficult situ- directly with professionals who have attended ation is the fact that many of these women the sensitization workshops. are financially dependent on their husbands. Therefore, in these contexts, it is especially Preventive Measures important that legal personnel handle the Since gender socialization begins early and is case with the sensitivity that it requires, fail- reinforced through social institutions, media, ing which there is unlikely to be an increase and popular culture,100 the government in reporting. should mainstream gender sensitization in The impact of this activity and changes in schools to reach young people, and shift atti- the professionals’ behavior will be tracked tudes and power imbalances that perpetuate based on records maintained in clinics and gender-based discrimination. police stations, the number of cases reported, These programs in schools should encour- and the efficiency and sensitivity with which age students to reflect and examine their own cases are handled. This data will be collected attitudes and unconscious biases, question on the MIS by interviewing trained profes- notions of power and privilege related to gen- sionals and women who have filed complaints. der and its intersectionalities with class, caste, religion and sexuality, and foster a sense of Setting Up a Specialized Helpline equality by encouraging students to value The existing structures for legal aid fail to themselves and respect each other’s rights. adequately address the fact that women have The programs should create a space for youth a mixed experience while accessing the legal to bring forward plans for change and strive to system. Distinct models of legal aid must make them active leaders by equipping them be created to cater to the differing needs with the skills to participate in their democ- of women living in poverty and/or in rural racy, organize public events and campaigns, areas. This can be done by connecting women and take any mode of action they choose to to legal and other support groups by employ- build communities of respect. Students can ing mobile-based technology. According to be partnered with artists and NGOs working 2011 census data, 63.2 percent of households on these issues to organize events targeted at in India use either mobile, land line phones, their parents, teachers and panchayat, reli- or both.98 The rise of mobile telephones in the gious, and other community leaders. The developing world is a revolution that is most events can include performances, art instal- believable, because in essence, it pays for lations, and other non-threatening creative itself.99 Given this landscape, it would be stra- mediums aimed at shifting public opinion tegic to take advantage of the growing use of about gender roles. Having adults as well as mobile phones. Similar to the child helpline, local and religious leaders examine and shift

Reproductive Rights ∙ 55 their implicit biases will not only lead to per- effective implementation of the PC-PNDT Act, sonal transformation, but also contribute to push for more stringent implementation. It to them positively influencing others in the would also be used to engage in advocacy with community, especially young adults seeking the national government to meet its interna- guidance in matters relating to family plan- tional human rights obligations. ning. Engaging with religious leaders will be The data collected throughout the proj- helpful in overcoming the perceived religious ect period would help understand which proscription to have a son. provisions of the Act or which human rights Both the school-based program and pub- obligations require the most careful atten- lic events should reach all students and tion, and if there are gaps in the existing leg- adults regardless of their gender and poli- islation or government schemes that need tics, rather than a self-selecting group of girls to be filled. For instance, while UN treaties or women who are already passionate about and international policy instruments high- these issues. Through dialogue among diverse light the importance of the role of education populations, including individuals who have in providing protection to children, and in not previously been confronted with these modifying existing social and cultural pat- issues, there will be deepened understand- terns,103 the role of education has not been ing of the stereotypes and challenges faced adequately dealt with under the national legal by the different sexes and identity groups, framework. Existing domestic legislation can and an increase in the level of mutual respect be expanded to allow for greater engage- and empathy within the classroom and in the ment with educational institutions, and cul- larger community. tural and religious leaders who perform an Media is also an important tool in influ- educational role in society. In addition, there encing social attitudes. As a part of India’s should be a push to remove fine print from Save the Girl Child action plan, engagement government schemes that currently exclude a with radio, print, and electronic media have large section of girls from receiving monetary been proposed to foster a positive self-image benefits. among women.101 In addition, it is suggested Data collected through these strategies that traditional forms of communication be are also likely to point towards specific steps used in areas where there is limited media the government should take to ensure more penetration.102 There should also be part- effective implementation, and can be used nerships with television and film production to file public interest litigation seeking those houses to create media that shift perceptions specific steps. Such a case may be pending in about gender roles and elevate the perceived court for years, and past records suggest that value of the girl child. even a victory may not necessarily guarantee greater enforcement. However, what litiga- Litigation and Advocacy tion will achieve is the opportunity to create The data collected through all of these inter- a media campaign aimed at increasing pub- ventions, including on the IVR platform lic awareness and informing public opin- and the MIS system, could be used to iden- ion about the issue of female infanticide and tify crime trends in areas within each man- feticide. This has proved useful with other dal. This would then be used by to engage in cases. A recent example in India is the Naz direct advocacy with the local government Foundation case, which seeks to decriminalize and the PC-PNDT district committee, which is sexual activity between members of the same the authority responsible for monitoring the sex. The case has been ongoing for over 15

56 ∙ Women’s Policy Journal years and is still pending before the Supreme Court, but has achieved a significant increase in public debate and discussion surround- ing the challenges faced by the LGBT com- munity. This approach is particularly bene- ficial for cases dealing with systemic issues that will only be addressed with a large-scale socio-cultural shift. In addition to litigation or advocacy seek- ing more comprehensive laws and poli- cies, and more stringent litigation, advocacy efforts must push for more targeted efforts to shift current conceptions of gender roles. For any legislation or government scheme to suc- ceed, governments need to define their goals with the conscious and deliberate intent to tackle the deep-seated factors that contribute to the low value of a girl child.104

CONCLUSION Female feticide and infanticide are among the worst forms of gender-based discrimina- tion. They are not new issues, nor have they escaped the attention of law and policy mak- ers. The Indian government’s commitment to addressing the issue of female feticide and infanticide is apparent from the large bud- getary allocations towards the government schemes discussed in this paper.105 Yet the problem persists across the country, with no reduction in incidence. Only an approach that is designed with a clear understand- ing of this systemic problem, the factors that have contributed to it, and the societal and institutional roadblocks that contribute to its perpetuation will help address this issue. This paper attempts such an approach, and explores community organizing and local capacity building as a means to enable con- tinued innovation among local groups, which will result in the development of other effec- tive location-specific interventions.

Reproductive Rights ∙ 57 15 PM Bhandari and SR Mishra, “Female Feticide: A Mass Mur- NOTES der,” Health Prospect 11 (22 January 2013): 48. 1 Banashri Savanoor, “Female Foeticide: Need To Change The Mindset Of People,” accessed 22 February 2018, http://www.legals- 16 Richard Pascale et al., The Power of Positive Deviance: How erviceindia.com/article/l292-Female-Foeticide.html. Unlikely Innovators Solve the World’s Toughest Problems, (Boston: Harvard Business Review Press, 2010), 57. 2 “Compendium on State Level Incentive Schemes for Care, Protection and Education of the Girl Child in India,” Ministry of 17 Devyani Shetty, “India’s Bride Markets Grow, While Trafficking Women & Child Development, India, accessed 22 February 2018, Convictions Decline,” Scroll, 6 January 2015, https://scroll.in/ http://icds-wcd.nic.in/. article/697722/indias-bride-markets-grow-while-trafficking-con- victions-decline. 3 Himanshi Dhawan, “PM Modi Launches ‘Beti Bachao, Beti Pad- hao’ Campaign, Says Female Foeticide Is a Sign of ‘Mental Illness’,” 18 Priya Verma, “Missing Miss India: Female Infanticide—Not a The Times of India, 23 January 2015, accessed 22 February 2018. Practice of the Past,” Off Our Backs 35 (January 2005): 28-31. https://timesofindia.indiatimes.com/india/PM-Modi-launches- Beti-Bachao-Beti-Padhao-campaign-says-female-foeticide-is-a- 19 Valerie M. Hudson and Andrea M. den Boer, “A Surplus of sign-of-mental-illness/articleshow/45985741.cms. Men, A Deficit of Peace: Security and Sex Ratios in Asia’s Largest States,” International Security 26, no. 4 (2002): 5-38. 4 Dhawan, “PM Modi Launches ‘Beti Bachao, Beti Padhao’ Cam- paign, Says Female Foeticide Is a Sign of ‘Mental Illness’.” 20 Hudson and Boer, “A Surplus of Men, A Deficit of Peace.” 5 BR Siwal, “Preventive Measures for Elimination of Female 21 Hudson and Boer, “A Surplus of Men, A Deficit of Peace.” Foeticide,” 1, accessed 22 February 2018, http://docs.ims.ids. ac.uk/migr/upload/fulltext/PREVENTIVE_MEASURES_FOR_FE- MALE_FOETICIDE.pdf. 22 Hudson and Boer, “A Surplus of Men, A Deficit of Peace.”

6 UN Women and UNFPA, “Sex Ratios and Gender Biased Sex 23 Bijayalaxmi Nanda, “Gender Violence and Legal Frameworks Selection: History, Debates and Future Directions,” 2014, https:// in India: The Story of Sex Selection,” 274, accessed 22 February asiapacific.unfpa.org/sites/default/files/pub-pdf/Sex-Ratios-and- 2018, http://www.ipc-undp.org/pressroom/files/ipc136.pdf. Gender-Biased-Sex-Selection.pdf. 24 Nivedita Menon, “The Impossibility of ‘Justice’: Female Foeti- 7 UN Women and UNFPA, “Sex Ratios and Gender Biased Sex cide and Feminist Discourse on Abortion,” Contributions to Indian Selection.” Sociology 29, no. 1-2 (1 January 1995): 381.

8 “Top 10 Districts Having Lowest Sex Ratio of India (Low Gen- 25 Menon, “The Impossibility of ‘Justice’,” 372. der Ratio),” Census.co.in, accessed 22 February 2018, http://www. census2011.co.in/facts/lowsexratiodistrict.html. 26 Nanda, “Gender Violence and Legal Frameworks in India: The Story of Sex Selection,” 279. 9 Savanoor, “Female Foeticide: Need To Change The Mindset Of People.” 27 Nanda, “Gender Violence and Legal Frameworks in India: The Story of Sex Selection,” 279. 10 Siwal, “Preventive Measures for Elimination of Female Foeticide,” 2. 28 “Where Are India’s Millions of Missing Girls?,” BBC News, 23 May 2011, http://www.bbc.com/news/world-south-asia-13264301. 11 Siwal, “Preventive Measures for Elimination of Female Foeticide,” 2. 29 Amartya Sen, “More Than 100 Million Women Are Missing,” The New York Review of Books, 20 December 1990, http://www. 12 Siwal, “Preventive Measures for Elimination of Female nybooks.com/articles/1990/12/20/more-than-100-million-wom- Foeticide,” 2. en-are-missing/.

13 Arvind Jayaram, “Urban India’s Male Preference Still Telling 30 Sen, “More Than 100 Million Women Are Missing.” in Census Data,” Business Line, 5 November 2013, https://www. thehindubusinessline.com/economy/Urban-India%E2%80%99s- 31 Siwal, “Preventive Measures for Elimination of Female male-preference-still-telling-in-Census-data/article20686101.ece. Foeticide,” 3.

14 Christina Hitrova, “Female Infanticide and Gender Biased 32 Siwal, “Preventive Measures for Elimination of Female Sex-Selective Feticide in India and China: Lessons from South Foeticide,” 3. Korea,” 14, accessed 22 February 2018, https://www.academia. edu/2465030/Female_infanticide_and_gender_biased_sex-selec- 33 Amartya Sen, “The Lost Girls: Girls Are Still Aborted in States tive_feticide_in_India_and_China_Lessons_from_South_Korea.2018, with More Educated Women,” The Independent, 14 January 2014, https://www.academia.edu/2465030/Female_infanticide_and_gen- http://www.independent.co.uk/news/science/the-lost-girls-girls- der_biased_sex-selective_feticide_in_India_and_China_Lessons_ are-still-aborted-in-states-with-more-educated-women-by-ama- from_South_Korea.}”,”plainCitation”:”Christina Hitrova, “Female rtya-sen-9059544.html. Infanticide and Gender Biased Sex-Selective Feticide in India and China: Lessons from South Korea,” 14, accessed February 22, 2018, 34 Siwal, “Preventive Measures for Elimination of Female https://www.academia.edu/2465030/Female_infanticide_and_gen- Foeticide,” 3. der_biased_sex-selective_feticide_in_India_and_China_Lessons_ from_South_Korea.”},”citationItems”:[{“id”:198,”uris”:[“http://zote- 35 UN Women and UNFPA, “Sex Ratios and Gender Biased Sex ro.org/users/4330526/items/2VQY4D72”],”uri”:[“http://zotero.org/ Selection: History, Debates and Future Directions,” 24. users/4330526/items/2VQY4D72”],”itemData”:{“id”:198,”type”:”ar- ticle-journal”,”title”:”Female infanticide and gender biased sex-se- 36 “Where Are India’s Millions of Missing Girls?” lective feticide in India and China: Lessons from South Korea”,”- source”:”www.academia.edu”,”abstract”:”Female infanticide and 37 Verma, “Missing Miss India.” gender biased sex-selective feticide in India and China: Lessons from South Korea”,”URL”:”https://www.academia.edu/2465030/ 38 Elizabeth Eckard, “When Girls Become Liabilities: The Female_infanticide_and_gender_biased_sex-selective_feticide_in_ Trend of in India,” Blogal Prosperity by the Center India_and_China_Lessons_from_South_Korea”,”shortTitle”:”Female for Global Prosperity (blog), 12 January 2012, https://globalpros- infanticide and gender biased sex-selective feticide in India perity.wordpress.com/2012/01/12/when-girls-become-liabili- and China”,”language”:”en”,”author”:[{“family”:”Hitrova”,”- ties-the-trend-of-gendercide-in-india/. given”:”Christina”}],”accessed”:{“date-parts”:[[“2018”,2,22]]}},”loca- tor”:”14”,”label”:”page”}],”schema”:”https://github.com/cita- 39 Manisha Sharma, “Female Infanticide—Killing the Little Girls tion-style-language/schema/raw/master/csl-citation.json”} of the World,” The Socjourn (blog), 24 June 2013, https://www.

58 ∙ Women’s Policy Journal sociology.org/female-infanticide-killing-the-little-girls-of-the- 63 United Nations, Beijing Declaration and Platform for Action, world/. Fourth World Conference on Women, 1995, para. 124(j).

40 Sharma, “Female Infanticide—Killing the Little Girls of the 64 United Nations, Beijing Declaration and Platform for Action, World.” Fourth World Conference on Women, 1995, para. 124(k).

41 Nisha Kashwaha and Arun Sharma, “Factors Responsible 65 Nanda, “Gender Violence and Legal Frameworks in India: The for Female Foeticide,” November 2014, http://www.isca.in/LAN- Story of Sex Selection,” 276. GUAGE/Archive/v1/i7/1.ISCA-RJLLH-2014-025.pdf. 66 Anita Bhaktwani, “The PC-PNDT Act in a Nutshell,” The Indian 42 Bhandari and Mishra, “Female Feticide,” 48. Journal of Radiology & Imaging 22, no. 2 (2012): 133-34.

43 Bhandari and Mishra, “Female Feticide,” 48. 67 Government of India, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, Section 18(1). 44 Anirudha Dutta, “Gender Imbalance and Religion: The Ugly Truth,” Forbes India Blog, 8 May 2015, http://www.forbesindia. 68 Government of India, Pre-Conception and Pre-Natal Diagnostic com/blog/beyond-the-numbers/gender-imbalance-and-reli- Techniques Act, 1994, Section 22(1)&(2). gion-the-ugly-truth/. 69 Government of India, Pre-Conception and Pre-Natal Diagnostic 45 Public Health Foundation of India et al., “Implementation Techniques Act, 1994, Section 6. of the PCPNDT Act in India: Perspectives and Challenges,” 10-11, accessed 22 February 2018, https://www.wbhealth.gov.in/upload- 70 Government of India, Pre-Conception and Pre-Natal Diagnostic ed_files/PNDT/IMPLEMENTATION%20OF%20THE%20PCPNDT%20 Techniques Act, 1994, Section 5(2). ACT%20IN%20INDIA.pdf. 71 Government of India, Pre-Conception and Pre-Natal Diagnostic 46 Public Health Foundation of India et al., “Implementation of Techniques Act, 1994, Sections 22(3). the PCPNDT Act in India: Perspectives and Challenges,” 30. 72 Government of India, Pre-Conception and Pre-Natal Diagnostic 47 “How Mumbai Will Track Sex Determination Offenders,” Techniques Act, 1994, Section 24. NDTV, 4 May 2011, https://www.ndtv.com/mumbai-news/ how-mumbai-will-track-sex-determination-offenders-454750. 73 Government of India, Department of Women and Child De- velopment, “National Plan of Action for Children 2005,” 3, http:// 48 UN General Assembly, Universal Declaration of Human Rights, www.childlineindia.org.in/pdf/NationalPlanAction-2005.pdf. 1948, 217 (III) A. 74 Government of India, Department of Women and Child 49 UN General Assembly, International Covenant on Civil and Development, “National Plan of Action for Children 2005,” 17. Political Rights, 1966, Art. 2. 75 Mahal, “An Evaluation of Prime Minister Modi’s ‘Beti Bachao 50 UN General Assembly, Convention of the Elimination of All Beti Padhao’ Initiative.” Forms of Discrimination against Women, 1979, Art. 5(a). 76 Government of India, Ministry of Women and Child Devel- 51 Committee on the Convention of the Elimination of All Forms opment, “Beti Bachao Beti Padhao Scheme,” accessed 22 February of Discrimination against Women, 2018, http://www.wcd.nic.in/schemes/beti-bachao-beti-padhao- scheme. General Recommendation No. 19, para 20. 77 “Sukanya Samriddhi Account Yojana,” accessed 22 February 52 Committee on the Convention of the Elimination of All 2018, http://www.sukanyasamriddhiaccountyojana.in/. Forms of Discrimination against Women, General Recommenda- tion No. 19, para 24. 78 “Compendium on State Level Incentive Schemes for Care, Protection and Education of the Girl Child in India.” 53 UN General Assembly, Convention on the Rights of the Child, 1989, Art. 24(2)(a). 79 “Compendium on State Level Incentive Schemes for Care, Protection and Education of the Girl Child in India,” 99. 54 UN General Assembly, Convention on the Rights of the Child, 1989, Art. 24(3). 80 “Compendium on State Level Incentive Schemes for Care, Protection and Education of the Girl Child in India,” 95. 55 UN General Assembly, Convention on the Rights of the Child, 1989, Art. 19(1). 81 “Compendium on State Level Incentive Schemes for Care, Protection and Education of the Girl Child in India,” 5. 56 UN Economic and Social Council, Plan of Action for the Elimi- nation of Harmful Traditional Practices Affecting the Health of Women 82 Anonymous, in discussion with the author (22 April 2016). and Children, 1994, para. 43. 83 Anonymous, in discussion with the author (22 April 2016). 57 UN Economic and Social Council, Plan of Action for the Elimi- nation of Harmful Traditional Practices Affecting the Health of Women 84 Anonymous, in discussion with the author (22 April 2016). and Children, 1994, paras. 14-29. 85 Anonymous, in discussion with the author (22 April 2016). 58 UN General Assembly, Vienna Declaration and Programme of Action of the World Conference on Human Rights, 1993, para. 38. 86 Dhawan, “PM Modi Launches ‘Beti Bachao, Beti Padhao’ Campaign.” 59 UN General Assembly, Vienna Declaration and Programme of Action of the World Conference on Human Rights, 1993, para. 48. 87 Christoph Schuepp, “Online Discussion on Elimination of All Forms of Discrimination and Violence against the Girl Child,” 60 UN General Assembly, Vienna Declaration and Programme of UN Department of Economic and Social Affairs, Division for the Action of the World Conference on Human Rights, 1993, para. 49. Advancement of Women, 2006, http://www.un.org/womenwatch/ daw/egm/elim-disc-viol-girlchild/Backgroundpaper/Online%20 61 United Nations, Beijing Declaration and Platform for Action, discussion%20report_Final.pdf. Fourth World Conference on Women, 1995, para. 115. 88 Schuepp, “Online Discussion on Elimination of All Forms of 62 United Nations, Beijing Declaration and Platform for Action, Discrimination and Violence against the Girl Child. Fourth World Conference on Women, 1995, para. 124(i).

Reproductive Rights ∙ 59 89 Amartya Sen, “The Lost Girls.”

90 UN General Assembly, Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, 1999, Art. 2.

91 UN General Assembly, Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, Art. 9.

92 Susan Bazilli, “Confronting Violence Against Women,” The International Women’s Rights Project, York University Centre for Feminist Research, October 2000, http://www.iwrp.org/pdf/ womens_hrguide.pdf.

93 UN Human Rights Council, Universal Period Review, “Role of CSOs—How to Participate,” accessed 22 February 2018, https:// www.upr-info.org/en/how-to/role-ngos.

94 UN Human Rights Council, Universal Period Review, “Role of CSOs—How to Participate.”

95 Government of India, Ministry of Health and Family Welfare, “Save the Girl Child Action Plan,” accessed 22 February 2018, http://pndt.gov.in/index1.asp?linkid=12.

96 Gurinder Gulati, “Gujarat Launches Save the Girl Child Campaign to Arrest Declining Sex Ratio,” UNICEF, accessed 22 February 2018, http://unicef.in/PressReleases/228/Gujarat-launch- es-Save-the-Girl-Child-Campaign-to-arrestdeclining-sex-ratio.

97 “Compilation and Analysis of Case Law on Pre-Conception and Pre-Natal Diagnostics Techniques (Prohibition of Sex Selec- tion) Act, 1994,” Maharashtra Judicial Academy and UNFPA India, 2013, http://india.unfpa.org/publications/compilation-and-anal- ysis-case-law-pre-conception-and-pre-natal-diagnostics-tech- niques.

98 Rabin Biswas, “State Wise Mobile Phone Users in India Census 2011,” UpdateOX (blog), 25 April 2012, https://updateox.com/india/ state-wise-mobile-phone-users-in-india-census-2011/.

99 Ethan Zuckerman, “Decentralizing the Mobile Phone: A Sec- ond ICT4D Revolution?”, Information Technologies & International Development 6, no. SE (18 November 2010): 99-103.

100 Ngigi S. Kangethe et al., “The Gender Socialization Question in Education: Influence on Boys’ and Girls’ Academic Achieve- ment,” European Scientific Journal, ESJ 10, no. 19 (30 July 2014), http://www.eujournal.org/index.php/esj/article/view/3802.

101 Government of India, Ministry of Health and Family Welfare, “Save the Girl Child Action Plan.”

102 Government of India, Ministry of Health and Family Welfare, “Save the Girl Child Action Plan.”

103 United Nations, Beijing Declaration and Platform for Action, Fourth World Conference on Women, 1995, para 124(k).

104 Mahal, “An Evaluation of Prime Minister Modi’s ‘Beti Bachao Beti Padhao’ Initiative.”

105 “Gender-Biased Sex Selection an Extreme Form and Manifestation of Gender Discrimination and Inequali- ty against Women, Say UN Women and UNFPA,” UN India (blog), 22 July 2014, http://in.one.un.org/page/gender-bi- ased-sex-selection-an-extreme-form-and-manifesta- tion-of-gender-discrimination-and-inequality-against-wom- en-say-un-women-and-unfpa/.2018, http://in.one.un.org/page/ gender-biased-sex-selection-an-extreme-form-and-manifes- tation-of-gender-discrimination-and-inequality-against-wom- en-say-un-women-and-unfpa/.}”,”plainCitation”:”“Gender-Biased Sex Selection an Extreme Form and Manifestation of Gender Discrimination and Inequality against Women, Say UN Women and UNFPA,” UN India (blog

60 ∙ Women’s Policy Journal