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The deep roots of daughter discrimination: Why laws alone can't stop sex-selective abortion

A Marathi woman performs a folk dance protesting against female infanticide in India. India and China are the leading countries responsible for the maximum number of deaths, eliminating more girls than the number of girls born in America. In 1994, India passed the PCPNDT Act to ban sex-selective abortion, yet female foeticides continue unabated. 

Photo credit: Photo I Pool

What you need to know:

  • Though laws like India's PCPNDT Act exist to prevent sex-selective abortion, our global community continues to witness the disappearance of millions of daughters.
  • Legal frameworks alone fail without addressing the deep-rooted cultural values that see daughters as burdens and sons as providers.
  • Only when we combine legal protections with ethical awakening in our communities can we truly achieve gender equality that values every child regardless of sex.

Female foeticide and sex-selective abortion are major issues globally, worsened by medical advancements like ultrasonography and amniocentesis that allow parents to know the foetus's sex early in pregnancy.

In Canada, a large and diverse country, abortion is a legal and regulated medical procedure. It's accessible and publicly funded, though access to services differs by region. Abortion was illegal in Canada until 1988, when the Supreme Court declared the law unconstitutional. Since then, abortion has been permitted at any stage of a woman's pregnancy and is funded as a medical procedure, according to the Canada Health Act.

A 2022 report by the United Nations Population Fund (UNFPA) highlighted India, China, Azerbaijan, and Vietnam as the countries with the most unfavourable sex ratios.

In patriarchal societies, the preference for male children, combined with smaller family sizes and sex-determination technologies, has led to a notable demographic imbalance. This imbalance has worsened issues like the increasing trafficking of women, forced marriages, and overall social instability.

Concerns about sex-selective abortion are emerging even in developed countries like the United States. The ongoing talks about reproductive rights and bodily autonomy bring added complexity to the conversation. Opinions vary on sex-selective abortions; some argue that banning them limits a woman's autonomy, while others believe allowing them promotes gender discrimination. Different viewpoints show that legislative actions alone are not enough to remove gender bias.

Laws are crucial for deterrence, but enforcing them is a major challenge. In 1994, India passed the PCPNDT Act to ban sex-selective abortion, yet female foeticide continues unabated. A 2011 study in The Lancet estimated that around 12 million female foetuses were aborted in India in the past 30 years. Legal actions alone cannot resolve the deep societal unease this ongoing issue reveals. A legal framework can shape behaviours, but it can't quickly change deep-rooted cultural values.

Official statistics on sex-selective abortion are scarce, but cultural signs indicate deeply rooted gender discrimination worldwide. The preference for sons, along with financial issues and a trend towards smaller families, significantly contribute to the gradual disappearance of daughters. A viewpoint that sees daughters as financial burdens and sons as future providers leads to continued discrimination.

However, lasting change requires more than just policies; it demands a deep cultural and ethical shift. Morality, often explored through history, goes beyond just legal limits. It governs human behaviour in areas outside legal boundaries. Some actions might meet legal standards, but they don't always follow ethical principles. An ethical community prioritises protecting its most vulnerable members. Without moral considerations, laws fall short. History shows that without moral support, legal rights often fail to protect women's rights.

Ethics play a crucial role in promoting women's rights. Ethical considerations greatly shape the moral framework of societies, impacting views on gender equality and human dignity. Different cultures emphasise ethical principles like justice, equity, and the intrinsic worth of every individual. As communities adopt these values, practices such as sex-selective abortion and gender-based discrimination become socially unacceptable.

Ethical frameworks foster empathy and social responsibility, encouraging a commitment to upholding women's rights as a moral necessity, not just a legal obligation. Academic institutions, media, and religious and cultural organisations play a key role in fostering ethical principles that support gender equality.

It is important for national and international organisations focused on women's rights to recognise that while legal protections are valuable, ethical considerations are vital for creating gender-equal societies. Ethics and law must work together seamlessly. Movements for women's rights must link their goals to broader societal issues, emphasising that both men and women are vital for the future of humanity.

Ending gender discrimination requires more than just legal changes; it demands a deep ethical commitment within the community. Real change comes from shifting how society thinks and building a collective sense of responsibility. True gender equality can be achieved only when legal measures and ethical awareness work together.

Surjit Singh Flora is a veteran journalist and freelance writer based in Brampton, Canada.