Showing posts with label Maneka Gandhi. Show all posts
Showing posts with label Maneka Gandhi. Show all posts

Thursday, February 04, 2016

Maneka Gandhi’s suggestion on mandatory sex tests aims to absolve doctors of blame for foeticide

Feb 4, 2016 on Scroll.in

The minister’s remarks are a response to a campaign by the medical community to change the sex selection law.

Is Maneka Gandhi just shooting her mouth off or is a policy change imminent?

According to reports by journalists who heard her speak at a conference in Jaipur on Monday, the Union Minister for Women and Child Development seems convinced that the way to deal with sex-selective abortions, which has led to a precipitous decline in the sex ratio, is to make sex-determination tests on pregnant women mandatory.

Her logic is hard to fathom. The minister has suggested, in all seriousness, that doctors should reveal the sex of the foetus to pregnant women whether they want to know it or not. She believes that by doing this, women will then be afraid to abort female foetuses as its sex will be part of public record.

“It is really not feasible to go around trying to catch every ultrasound technician for revealing the foetal gender to parents in violation of the PCPNDT Act,” Gandhi was quoted as saying. “Rather, why not reverse the strategy? The moment a woman gets pregnant, we should find out the gender of the child, tell the mother about it, and immediately register it in public records. Then we can track which pregnancies are carried to full term.”

She continued: “Since the gender is already known, and given the law, families would be compelled to go through with the pregnancy especially when the foetus is female.”

If it ain’t broke…

In other words, Gandhi wants to turn the Pre-Conception and Pre-Natal Diagnostic Techniques Act on its head. The law prohibits the revelation of the sex of a foetus as it could lead to sex-selective abortions and it penalises doctors and ultrasound technicians who reveal the sex of the unborn child. The new proposal seems to suggest that the Union minister wants to shift this burden to the shoulders of pregnant women who will be considered criminals if they decide to abort a female foetus.

The proposal might never get through but it is worth considering the consequences if it did.

The Pre-Conception and Pre-Natal Diagnostic Techniques Act was the result of campaigns followed by consultations with groups that linked the use of sex-selection and sex-detection technologies to the decline in the sex ratio in India. They argued that the misuse of these technologies aided society’s preference for sons. The fact that the sex ratio had declined even in wealthy districts pointed to the widespread use of these technologies to limit the births of girls.

Paperwork pain

Doctors and ultrasound technicians were held responsible for revealing the sex of the foetus because this was a straightforward way to check rampant sex selection and the sex-selective abortions that followed.

Of course, this meant that all sonography machines had to be registered and doctors had to go through additional paperwork when dealing with pregnant women. However, this was considered a small price to pay given the enormity of the problem.

The law also kept in mind that women who were compelled to have multiple abortions before they produced a male child had no choice. They did this under circumstances where they were blamed if they produced only female children.

The medical lobby

Gandhi was quick to clarify that her remarks were just loud thinking and not the precursor to policy change. Yet, her proposal did not emerge out of thin air. It is in response to a concerted campaign by the medical community to change the Pre-Natal Conception and Diagnostic Technologies Act.

Doctors have complained not just about the paperwork but that they were being charged even for minor “clerical errors”. This argument has held sway in many cases and accounts for the low level of conviction in cases that fall under the law forbidding sex determination. Doctors have also complained about corruption by officials who demand bribes when they come to inspect papers.

In Maharashtra, doctors have been particularly vociferous in their demands for a change in the law. Not surprisingly, the first response to Gandhi’s statement came from the president of the Maharashtra branch of the Indian Medical Association, Dr Jayant Lele, who said, “The sex ratio has not dramatically improved after this law came into force. If expecting couples are tracked after sex determination shows it is a female foetus, they will be more fearful of breaking the law.”

In short, the medical community would like to be absolved of all responsibility and Gandhi’s proposal is precisely what it wants.

Fix basics first

Apart from being highly impractical, Gandhi’s proposal are unacceptably intrusive. In a country with over a billion people with millions being added every year, how will the government monitor every single birth to make sure that sex selective abortions are not taking place? Who will do it?

If even the basic job of ensuring that all pregnant women receive antenatal care so that they survive the pregnancy and deliver healthy babies is not being done how will health establishments across the country take on this additional task? And should they?
The proposal is even more perplexing when Gandhi suggests that the monitoring of every pregnant woman in the country will encourage institutional deliveries. The leap of logic she uses to arrive at this conclusion is unfathomable.

In a country where the word “inadequate” would be a gross understatement when it comes to the ratio of hospital beds to people, does the minister for Women and Child Development really think that we are ready to abolish home deliveries and compel all pregnant women to go to hospital for their deliveries?

Millions of babies are born at home, delivered by trained village dais, and survive. Yet, Gandhi believes “home deliveries pose a threat to the newborn as there might be an attempt on its life” and recommends that they be abolished.

If we have to put up with such ill-informed statements from a person tasked with ensuring the survival of women and children in India, perhaps the post of minister for Women and Child Development should be abolished.

Monday, December 21, 2015

Maneka Gandhi is right

The Hindu, Sunday Magazine, December 20, 2015

R.K. Pachauri continues to head TERI while his successor is yet to take over. Photo: Prashant Nakwe
The Hindu
R.K. Pachauri continues to head TERI while his successor is yet to take over. Photo: Prashant Nakwe

So while she is already on record asking that marital rape be criminalised even though her government thinks otherwise, in May this year she objected to the cutback in central funds allocated to programmes under her ministry. She was particularly upset that the allocation for the Integrated Child Development Services, a programme that has been crucial to improving nutritional levels of the most vulnerable children and women, has been cut by almost half. Furthermore, even the National Nutrition Mission launched in December 2014 by her government has been given short shrift. Far from the Rs.28,000 crores over five years that it was expecting, it has been allocated only Rs.100 crores so far.

In the recently released Human Development Report of the United Nations Development Programme, India’s maternal mortality figure of 190 (number of women who die for every 100,000 live births) is substantially higher than even war-torn Syria (49) and Iraq (67). Its child mortality figures are equally depressing as compared to many other countries.

Her latest missive to her own government is equally significant. In a letter to Union Finance and Corporate Affairs minister Arun Jaitley, Gandhi has asked him to make it mandatory for companies to reveal whether they have set up an Internal Complaints Committee (ICC) as required under the Sexual Harassment at the Workplace Act 2013. This is a reasonable request. Yet, Jaitley has dismissed it saying that such an additional demand on companies is “undesirable”.

How does the question of whether it is “desirable” or not enter the picture? The law has mandated that all companies and organisations must have an ICC. It also requires companies to inform employees about provisions of the law and train members of the ICC on the law and what constitutes an offence.

The non-compliance levels of Indian companies underline why Ms. Gandhi’s request is not unreasonable. According to a report titled “Fostering Safe Workplaces” by the Federation of Indian Chambers of Commerce and Industry and Ernst and Young, one in every three Indian companies, or 31 per cent, has not set up ICCs. Of those who have, 40 per cent have not begun training the members in the provisions of the law, 35 per cent are unaware of the penal consequences of not complying with the law and 44 per cent have not circulated information about the law to their employees. FICCI has just signed a Memorandum of Understanding with UN Women to advance “gender equality and women’s empowerment”. A good start would be to get its members to comply with provisions of the sexual harassment law.

According to the National Commission on Women, the complaints of sexual harassment at the workplace have doubled from 249 in 2013 to 526 in 2014. These represent a sliver of the reality. For every one case reported, there are likely to be dozens that remain hidden, with the women too afraid to raise their voices for fear of losing their jobs or being further victimised.

We know from the recent sexual harassment case at The Energy and Resources Institute (TERI) how difficult it is for a woman to pursue a case against a powerful individual. When the TERI employee first complained against the head of the institute, Dr. R.K. Pachauri, TERI did not even have an ICC. Once constituted, the ICC upheld the woman’s complaint. Dr. Pachauri was asked to go on leave and the board (after some pressure from the media, one might add) appointed his successor. Yet, Dr. Pachauri continues to head TERI while his successor is yet to take over. Meanwhile, the affected woman has resigned. In her resignation letter, she states: “TERI failed to uphold my interests as an employee, let alone protecting them. The organisation has instead protected R.K. Pachauri and provided him full immunity, despite being held guilty of sexual harassment by your own inquiry committee.” This case is as clear an illustration as any of the skewed power equations in sexual harassment cases.

Compliance with the law is obviously only the first step. The minimum requirement is an ICC. Yet, as is clear from the TERI case, it is not enough. Organisations must support those women who find the courage to speak up. Instead, in their desire to avoid any slur on their reputations, many organisations end up protecting the harasser and literally hounding the complainant to leave. So, Maneka Gandhi is right. Insisting that registered companies (and other organisations) comply with this minimum requirement is not asking for too much.