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RF_HP_6_SUDHA.
You are cordially invited to
The People’s Tribunal
On
Coercive Population Policies
and
Two-Child Norm
on 9th & 10th October 2004,
at
Indian Social Institute,
10, Institutional Area, Lodi Road,
New Delhi - 110 003, India.
Members of the People’s Tribunal
Ms. Shabana Azmi
Dr. Imrana Qadeer
Dr. Syeda Hameed
Ms. Poornima Advani
Ms. Nandita Das
Ms. Ruth Manorama
Ms. Vasantlii Devi
Mr. Sandeep Dikshit*
Ms. Jashodhara Bagchi
Ms. Mrinal Pande*
Mr. Virendra Dayal*
Mr. Prashant Bhushan*
Organised by:
1 luman Rights Law Network', UP & Bihar Healthwatch; SAMA; The Hunger Project;
Jan Swasthya Abhiyan
* to be confirmed
Draft Programme for the People’s Tribunal
9.00-9.15
9.15-9.30
9.30-9.50
9.50-10.05
10.05- 10.15
10.15-10.30
10.30- 11.00
__________ Day One : 9th October 2004
Introduction to the Tribunal
Film: Seeds of Well Being
Population Policy: An Overview
Supreme Court Decision on Two Child Norm
(Javed vs. Union Of India)
Discussion
State Overview - Punjab
People’s Testimonies from Punjab
Dr.Abhijit Das
Mohan Rao
Colin Gonsalves
Manmohan Sharma
Voluntary Health Association
9.00-9.15
9.15-9.30
9.30-9.50
9.50-10.05
10.05- 10.15
T0.15-10.30
10.30- 11.00
11.00- 11.15
11.15- 11.30
------------------- Day One ; 9th October 2004
_ Introduction to the Tribunal
’
____ Ptlm: Seeds of Well Being
__ Population Policy: An Overview
Supreme Court Decision on Two Child Norm
(Javed vs. Union Of India)
Discussion
State Overview - Punjab
People’s Testimonies from Punjab
Discussion
State Overview - Haryana
11.30- 12.00
People’s Testimonies from Haryana
12.00-12.15
12.15- 12.30
4.00- 4.15
4.15- 4.45
4.45- 5.00
5.00- 5.15
Discussion
Declining Juvenile Sex Ratio, Two Child Norm
and Women's Status
Songs
State Overview-Jharkhand
People s Testimonies from Jharkhand
Discussion
Lunch_____
State Overview - Rajasthan
Peoples Testimonies from Rajasthan
Discussion
Two Child Norm and Political Participation of
Women and Marginal Communities
Two Child Norm and Political Participation of
Women and Marginal Communities
State Overview - Orissa
People’s Testimonies from Orissa
Discussion
State Overview - Maharashtra
5.15- 5.45
5.45- 6.00
6.00- 6.15
6.15- 6.30
6.30- 6.45
6.45- 7.00
7.00- 7.15
People s Testimonies from Maharashtra
Discussion
State Overview - UP
People’s Testimonies from UP
Discussion
Remarks by First Member of the Tribunal
Remarks by Second Member of the Tribunal
7.15- 7.30
8.00- 8.55
8.55
Remarks by Third Member of the Tribunal
A film by SAHAYOG
Dinner
12.30- 12.45
12.45- 1.00
1.00- 1.30
1.30- 1.45
1.45- 2.30
2.30 - 2.45
2.45 -3.15
3.15-3.30
3.30- 3.45
3.45- 4.00
Pr.Abhijit Das
Mohan Rao
Colin Gonsalves
Manmohan Sharma
Voluntary Health Association
Dr. B.S.Dahiya /
Shailander Diwedi
Jan Swasthya Abhiyan/
PRIYA
Manisha Gupte
Kaushik
Lindsay
Narendra Gupta
PRAYAS
Rita Sarin
Susheela Kaushik
BGVS
BGVS
Audrey &
Jaya Velankar
Tathapi
Jashodhara
Healthwatch UP, Bihar
Day Two : 10th October 2004
9.00-9.15
9.15 - 10.00
10.00 - 10.20
10.20 - 10.30
Review of Previous Days Testimonies: Remarks by Fourth Member of Tribunal
Film: Legacy of Malthus
Legal Perspective on the Two Child Norm
Two Child Norm: International Perspective*
10.30-10.45
Remarks by NHRC*
10.45- 11.00
11.00-11.30
11.30-11.45
11.45- 12.00
12.00-12.15
12.15-12.45
State Overview - Bihar
People’s Testimonies from Bihar
Discussion
Songs
State Overview - Madhya Pradesh
People’s Testimonies from Madhya Pradesh
12.45-1.00
Discussion
1.00-1.15
1.15- 1.45
1.45- 2.00
2.00 - 2.45
2.45- 3.15
3.15- 3.30
3.30 - 3.45
3.45 - 4.00
4.00-4.15
State Overview — Himachal Pradesh
People’s Testimonies from Himachal Pradesh
Discussion
Lunch
Press Conference
State Overview - Gujarat
People’s Testimonies from Gujarat
Discussion
Two Child Norm/ Coercive Population Policies
and their impact on Health Status of Women
State Overview - Andhra Pradesh
People’s Testimonies from Andhra Pradesh
Discussion
View Point of the Central Government
Remarks by Fifth xMember of the Tribunal
Remarks by Sixth Member of the Tribunal
4.15 - 4.30
4.30 - 5.00
5.00-5.15
5.15-5.30
5.30 - 5.45
5.45 - 6.00
6.00-6.30
Fact Findings and Recommendations of the
People’s Tribunal
Shruti Pandey
Melissa Upreti
Sapan Majumdar
"(BVHA)
Kaushik
N.B.Sarojini /Anuj
SAMA/B GVS/Hunger
Project
Subhash Mendhapurkar
SUTRA
Trupti Shah
Trupti Shah
Prakashamma
Abhijit Das
Public Tribunal on
Coercive Population Policies and Two Child Norm
9-10 Oct. 2004
Press Briefing
> Imposition of Two Child Norm and a targeted approach to Family Planning violates
the spirit of the constitution.
It is in contravention of International treaties that India is signatory to, such as ICPD
program of action; National Population Policy, 2000 (that talks about a target free
approach).
rd
> And violates human rights, rights of women and children and the 73 Amendment
that attempts at empowering women and marginalized.
The Two Child Norm should be revoked because:
It provides an impetus to Sex pre selection and female infanticide thus worsening
the already deteriorating child sex ratios.
2. Penalizes women, who have no autonomy to decide family size and sex
composition, for not bearing sons.
Marginalizes women, dalits and adivasis and the poor from contesting elections in
the PRI depriving them of their democratic rights.
4. Deprives people particularly women and children of their entitlements through
various welfare schemes and programs like education, health benefits, PDS,
accident compensations, maternity benefits, loans etc.
5. Is unnecessary as it only perpetuates the myth of population explosion. On the
contrary, the growth rate has slowed and people desire family planning services.
1
The coercive, targeted and incentive based approach leads to 1. Neglect of women’s health needs and focus centered only around Family
planning. This is also reflected in the disproportionate allocation on family
welfare vis-a-vis health.
2. Mass sterilization and poor quality of services and the resulting high failure rates,
unwanted pregnancies and deaths.
3. Unethical practice and medical negligence.
4. Shift of the focus to Women as easy targets.
Our Demands:
1. Revoke all laws and policies related to the Two Child Norm, particularly the
Panchayati Raj Act.
2. Amend all coercive moves and proposals at both Center and State levelsCommon Minimum Program and State programs.
3. Ensure informed choice and quality services
4. ‘Development is the best contraceptive’. Ensure security of education, health,
livelihood and other basic rights
11
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Health-watch UP-Bihar
Why India no longer needs to force its citizens to have smaller families
1. Population growth rates have slowed in the last SOyears
1,96% per year
2.22% per year
2.20% per year
2.. 14% per year
1,93% per year
1951-1961
1961-1971
1971-1981
1981-1991
1991-2001
The population growth rate has stopped increasing sharply.
The growth rate in India now is the slowest in the last fifty years
See graph below:
2 --
0.5
o -CO
5
in
CD
CD
CD
5
uS
CD
£
£
CD
CO
CD
9
£
CD
8CM
CD
Annual exponential growth rate in India in the last centurv in %
2, People no longer have largefamilies,
Average number of children for all married women ( TFR) 1951- 6.0
Average number of children for all married women ( TFR) 2001 - 2.85
3. People no longer want large families, they want contraceptive information and
sendees which they are not being provided with.
Table showing unmet need for contraceptive services wanted and actual fertility in
different states
Healthwatch UP-Bihar
______ State
India______
UP________
Rajasthan
MPZZZZI
Bihar______
Orissa
Total fertility rate
2.85
3,99____________
3.78____________
3.31_______ ,
3,49____________
2.46
Wanted fertility
2.13____________
2.83____________
2.57 ___________
2.40___________
2.58 ___________
1.90
Unmet need for FP
15.8_____________
25.1 _____________
17.6_____________
16.2 _____________
24.5_____________
15.5
4. Why does India still appear to have a large and growing population?
India has a high proportion of young persons in the reproductive age group and even
when they have only one or two children per couple, the quantum increase is high
because the number of reproducing couples is high. Thus the birth rate is high though the
total fertility rate (TFR) is low. This is called population momentum. India is like an
express train which has just applied its brakes. The train is very heavy and because it is
moving very fast it takes time before it actually stops.
Sources - NFHS II, Census 2001, NPP 2000, MoHFW - UNFPA Briefing Kit on
Population Stabilisation.
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>
Peoples' Tribunal
on
Coercive Population Policies &
The Two Child Norm
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1
Human Rights Law Network
Jan Swastha Abhiyan
UP & Bihar Health Watch
Hunger Project
SAMA
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Cr
Javed vs. State of Haryana
(2003) 8 SCO 369
• One of the objectives ...is to disqualify
persons for elections to Panchayats
having more than two children.
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National Population Policy
• Does the legislation not serve its object?
- One of the objects of the enactment is to
popularize family welfare/ family planning
programme. This is consistent yvith the National
Population Policy.
- We may quote from NPP 2000:
“Demonstration of strong support to the
small-family norm, as well as personal example,
by political, community, business, professional
and religious leaders, media and film stars
sports personalities and opinion-makers
. ,
will
enhance its acceptance throughout society. ”
?
Population Explosion
J
• The torrential increase in the population of the
country is one of the major hindrances in the
pace of India’s socio-economic progress.
• In the words of Bertrand Russell, “Population
explosion is more dangerous than hydrogen
bombs.”
• Every successive five-year plan has given
prominence to a population policy. ..But, despite
all such exhortations, “the fact remains that the
rate of population growth has not moved one bit
from the level pf 33 per 1000 reached in 1979.
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Coercive Practices
>
• China the most populous country in the world
has been able to control its growth rate by
adopting the “carrot-and-stick” rule. Attractive
incentives in the field of education and
employment were provided to the couples
following the one child norm”. At the same time
drastic disincentives were cast on the couples
breaching “one child norm”, including penal
’
action. India being a democratic country has; so
far not chosen to go beyond casting minimal
disincentives and has not embarked upon
penalizing procreation of children beyondI a
particular limit/
I
Coercive Practices II
• The menace of growing population was
judicially noticed and constitutional validity
of legislative means to check the
population was upheld in Air India v.
Nergesh Meerza.
• When the entire world is faced with the
problem of population explosion it will be
absolutely essential that the family
planning programme is whipped up.
J
Incidental Questions II
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1
• It was also submitted that the impugned
disqualification would hit the women worst,
inasmuch as in the Indian society they have no
independence and they almost helplessly bear a
3rd child if their husbands want them to do so.
This contention need not detain us any longer.
A male who compels his wife to bear a 3rd child
would disqualify not only his wife but himself
also. We do not think that with-the awareness
which is arising in Indian womenfolk, they are so
helpless as to be compelled to bear a 3rd child
even though they do not wish to do so.
>
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Thank You
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Panchayats
Nothing more needs to be said to demonstrate
that the Constitution contemplates Panchayat as
a potent instrument of family and social welfare
schemes coming true for the betterment of
people’s health, especially women’s health &
family welfare coupled with social welfare. U/S
21 of the Act, the functions and duties entrusted
to Gram Panchayats include “public health” and
“family welfare”, “women and child development”
and “social welfare”....
ic
?
National Population Policy, 2000
: An Overview
Mr. A . R Nanda
Executive Director, PFI
People’s Tribunal on Population Policies &
Two Child Norm
October 9-10, 2004
I S I, New Delhi
• National Population Policy (NPP),
2000 is an affirmation and
articulation of India’s commitment
to ICPD Agenda.
• It forms the Blue-print for
Population
and
Development
Programmes in the Country.
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• It favours a more open
-Information
-Awareness and- Empowerment Approach
• It infact sums up “Population
Stabilisation” as a “Multi Sectoral”
Endeavour.
• In
principle,
it
is
against
incentive/disincentives.
• The National Population Policy is
gender sensitive and incorporates
a comprehensive holistic approach
to health and. education needs of
women, female adolescents and
girl child.
2
1
I
• A primary theme running through
the NPP is provision of quality
services
and
supplies
and
arrangement of a basket of
choices. People must be free and
enable to access quality health
care, make informed choice and
adopt measures for fertility
regulation best suited to them.
NATIONAL POPULATION POLICY
India 2000
VISION STATEMENT
Development Aims to...
• Improve the quality of lives people
lead
• Provide them with opportunities and
choice with a comprehensive, holistic
and' mulit-sectoral
agenda
for
population stabilisation.
Stabilising Population is a function of
• Making reproductive health accessible and
affordable
• Increasing the coverage and outreach of primary
and secondary education
• Extending basic amenities like sanitation, safe
drinking water and housing;
• Empowering women, with enhanced access to
education and employment;
• Providing roads and communication
4
OBJECTIVES
Immediate objective
•To address the unmet needs of
contraception,
health
infrastructure, and trained health
care personnel;
• To provide integrated service
delivery for basic reproductive and
child health care.
5
Medium term objective
• To bring the total Fertility Rates to
replacement levels country-wide,
by 2010.
•.Through vigorous implementation
of
multi-sectoral
operational
strategies
Long term objective
• To bring about
stabilistion by 2045
population
• Consistent with the requirements
of sustainable economic growth,
social
development,
and
environmental protection.
6
National Socio-Demographic Goals 2010
(i) Address the unmet needs for basic RCH,
supplies and infrastructure.
(ii) Make school education up to age 14 free and
compulsory and reduce drop-outs to below
20% at primary/secondary school levels for
both boys & girls.
(iii) Reduce infant mortality below 30 per 1000
live births.
National Socio-Demographic Goals 2010
contd...
(iv) Reduce maternal mortality below 100 per
100,000 live births
(v) Achieve universal immunisation against all
vaccine preventable diseases.
(vi) promote delayed marriage for girls, not
earlier than 18, and preferably after 20 years
of ase.
(vii) Achieve 80% institutional deliveries and
100% deliveries by trained persons.
7
National Socio-Demographic Goals 2010
contd...
(viii)Achieve universal access to information,
counseling, and services for fertility
regulation
(ix) Achieve 100% registration of births, deaths,
marriage, and pregnancy
(x) Contain the spread of HIV/ AIDS and
promote greater integration with the National
AIDS Control Organisation in managing the
RTI and the STI
National Socio-Demographic Goals 2010
contd...
(xi) prevent/ control communicable diseases.
(xii) Integrate Indian Systems of Medicine in the
provision of RCH services, and in. reaching
out to households.
(xiii) Promote the small family norm to achieve
replacements levels of TFR
(xiv) bring
about
convergence
in
the
implementation of related social sector
programs, so that family welfare becomes a
people centred program.
8
STRATEGIC THEMES
1. Decentralized planning and program implementation
2. Convergence of Service delivery at village levels
3. Empowering women for improved Health and nutrition
4. Child Survival and Child Health
5. Meeting the unmet needs for family welfare services.
6. Under-served population groups:
a.
Urban slums;
Tribal communities, hill area population and
b,
displaced and migrant populations;
c.
Adolescents;
d.
Increased participation of men in planned
parenthood
9
7. Diverse health care providers.
8. Collaboration with and commitments from
non-govemment organizations and the private
sector;
9. Mainstreaming Indian Systems of Medicine
and Homeopathy;
10. Contraceptive technology and research on
reproductive and child health
11. Providing for the older population.
12. Information, Education and Communication
THANK YOU
10
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PANCHAYATI RAJ
AND
THE 'TWO-CHILD NORM':
IMPLICATIONS
AND
CONSEQUENCESL_
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A Strmmary of the’"—
Preliminary Findings of Exploratory Studies
in
Andhra Pradesh, Haryana,
Madhya Pradesh, Orissa, and Rajasthan
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—
Mahila Chetna Manch
January 2003
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38
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Panchayat'^ Raj and the 'Two -Child Norm':
Implications and Consequences
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Introduction
India’s National Population Policy (NPP) of 2000
si.'nific-ini m
7
“
of 2000
a
''•■"U move towards1 aa humane
and off,■elive
humane and
improving the
uu D) Plan of Action in 1994, India focused on inter-Jink wrs
5c ween population, development and gender ThiH '
,mpto„„lcd„ J x„ w7" „ ”
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- GonsdtuttonaJ Amendment. This amendment
XX^italiZi^ and
-guiar elZn
of local bod.es that brought forth a critical
mass of women and underserved sections of society Into
esc inst.tutions of decentralized local governance.
A -nance w.th the NPP, many states had come forward
w.th leg.slat.on that would.disallow persons having more
mn two children lo contest panchm/atelection, and would
(pZ V ' 'T'
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llad a thi,d cllild after a stipulated dale. This
clause however, did not apply to a person who already had
mo.c than two surviving children before the stipulated date
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unless s/he had an additional child after, this dale. This
measure, commonly known ns the ’Two-C.hild Norm , was
seen as a way lo regulate family size and thereby coniaim
population growth. Il also positioned elected representatives
a:; ‘role models'.
Some stales extended this norm beyond panchayati raj
elections to cover municipalities, agricultural produce
committees and cooperatives, and also to exclude persons
from various stale-sponsored programme benefits such us
loans, subsidies, poverty alleviation programmes, and
eligibility for government jobs.
This legislative measure has caused concern amongst
experts and women’s organizations because it is often
implemented in a non-equal opportunity environment,
where women and underserved groups stand lo suffci the
consequences of acts that fall beyond their control. The
measure is therefore of a nature to potentially encroach
on nationally and internationally agreed upon principles
of informed choices and on reproductive rights. It could
have implications for democratic participation, as well as
for women’s autonomy. It was argued that the measure
could be coercive and, in a highly patriarchal society such
as India, could ultimately penalize women who had little
or no control over reproductive decisions.
The Studies
The Mahila Chetna Marjch. Bhopal, undertook these studies
in 2001-2002 with a common framework. The five states
where the sludics were conducted have slightly different
histories in terms of the introduction of the Two-Child
Norin for panchayati raj institutions. Rajasthan was the
pioneer in introducing this norm for panchayats and
municipalities as early as in 1992, but the norm became
operational in the stale only in November 1995. Andhra
Pradesh, Haryana and Orissa also had the norm in place
in 1995. These studies are thus the first to examine the
experiences in some depth and set the tone for discussion
dcbnle, and further research.
i
Study Objectives,
The studies seek to capture the experiences and
perspectives of those who have been disqualified or have
been subject to the process of disqualification on the bash
of the Two-Child Norm provision, as well as of those who
arc indirectly nffcctcd, such as the spouses of disqualified
persons. The studies also Include perspectives of those
Implementing this measure. The studies examine how
different groups in civil society, and how the media, perceive
this measure.
These concerns have, however, remained unexplored,
warranting detailed studies to examine various dimensions
and fallouts of the legislative measures. An informed public
debate could guide policy formulation. It was with this view
that the Ministry of Health and Family Welfare, Government
of India, commissioned studies, supported by UNFPA, in
Andhra Pradesh, Haryana, Madhya Pradeslj, Orissa, and
Rajastlmn.
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The study objectives were to:
1.
Understand and analyze the implications and
consequences of the Two Child Norm on men and
women, with special ielrimrr to their reprodta live
rights;
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3.
Draw out and document legaland other constraints
and experiences of implementation of the norm
from the viewpoint of those who were affected
(liicctly or indirectly, legally or otherwise; and
Make recommendations based
on perspectives
emerging from the studies. '
The concerns covered can broadly be grouped under two
heads: a) .dentincation and^ocio-economic profiles of those
disqualified because of non-adherence to the norm, the
effect of the disqualification, and mechanisms adopted to
avoid disquahfication, and b) issues related to
implementation, including legal action thereof. The details
covered are as follows:
The historical perspective
Consequences of disqualification across
gender, caste and class
Soclo-dcmographic profile of disqualified
persons
Constraints in accessing and adopting family
planning services
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Abortions and related responses among
women PRI members and wives of male PR1
members
Implementation issues: filling vacancies,
mechanisms to avoid disqualification
Me thodology
he studies are essentially exploratory and participatory
ii’ milui e and jisc primary and secondary sources of data.
Secondary data on memberships in panchayatsand related
inform,-ition have been obtained from offices of the Election
Commissioner of respective states. State population
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censuses have been used for demographic data. Desk
reviews of policy documents, instructions, legislative
debates, judicial rulings and press-clippings have provided
additional information crucial to the studies.
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Primary data were generated through fieldwork that was
carried out from July 2001 to March 2002 in two to three
phases. The research teams were briefed about the TwoChlld Norm and its related aspects, and were given Intensive
training for three days. This Included a one-day practical
training in the field. In each state, a minimum of two
districts was purposively selected, assuming that the data
would be available in official records. However, distrlctbused pursuit of information did not yield results because
either none or very little basic data on disqualified persons
were available. with concerned authorities (with the
exception of Haryana and Rajasthan). Hence, the final
selection of districts was based on availability of cases.
When Informal sources pointed to the existence of affected
01 disqualified cases based on local knowledge, these cases
were pursued. Consequently, the numberofdistricts studied
inci eased in all states. The districts included, and some
of their study-related characteristics, are given in Table
.■■7
Content analysis of court rulings
•<
Rationale for linking population stabilization
with disincentives.
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Table 1: Districts Included in the Field Survey
Statcs/distrlcts
Borne characteristics
1. NaJgonda
Limited information on disqualified
members’; low urbanization
2. Rnnga Reddy
Limited information on disqualified
members; high urbanization
Limited information .on disqualified
members; high urbanization
Haryana
•I. Ambala
Relatively large number of disqualified
members
5. Gurgaon
Cases at various stages of inquiry,
appeals and litigation; Mewal was
selected here as the most backward area
of the state; Muslim population
6. Fai idnbad
Relatively large number of disqualified
tases; industrially advanced
Madhya Pradesh
7. Bctul
8. Vidisha
9. Hoshangabad
10. Sehorc
11. Neemuch
12. Bhopal
Better CPR, declining decadal growth
rate and declining sex-ratio
Low sex ratio, higher decadal growth
rate, agriculturally rich
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New cases of disqualification
New cases of disqualification
New cases of disqualification
New cases of disqualification
Orissa
13. Cuttak
Limited information on disqualified
members
1*1. Khordha
Limited information on disqualified
members
Limited information on disqualified
members
Recent case of disqualification
15. Dhcnkannl
16. Puri
17. Angul
Some chnrnctcristlcs
Stntcs/dlstrictR
Rnjnstbnh
Andhra Pradesh
3. Mehboob Nagar
Table 1: Districts Included in the Field Survey (contd.)
Limited information on disqualified
members
18. Ajmer
19. AJwar
20. Sawai
Madhopur
21. Jaipur
Ajmer and Alwar identified for special
population policy measuics, high CBR,
large number of PR! representatives
hud also of disqualified members
Identified for special population policy
measuics, high CBR
Identified for special population policy
measures, high CBR
A total of 262 respondents were interviewed with the help
of eight semi-structured interview schedules meant for
different segments of respondents as categorized in Table
2. The interview schcdulefi were prepared in English and
were also translated into Hindi. However, the regional
language was used wherever necessary. In addition, twelve
Focus Group DificusHionn (FGDr) were conducted with
community members at the village level and forty In-depth
ease studies were prepared. The following table provides
details of those who were interviewed in various capacities
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•i
Table 2: Statewise Number of Respondents Interviewed
—--------------------------------------------------------------------- ------------ z”:—:—-““7
Respondents
Policy Makers
Programme implcrncntcrs
Health and Medical officers
Lawyers
Media Persons
NGO persons
Aiujamuan workers
Panchayal representatives
Total
AP Haryana MP Orlaia Rajasthan Total
14
2
6
3
2
1
18
4
5
3
4
2
9
3
I
I
2
2
20
4
3
6
4
3
19
3
3
4
5
4
31
5
5
8
6
7
13
2
2
4
3
2
138
26
38* 29“
22
23
262
49
54
68
44
47
• 20 affected, IB noii-affccird
•* 20 nffcclrd, 7 noivaffrcird (plus one chniiperson mid once cx-chniiperson
<>l I’liri muiiicip.iliiy who wrir iniri'vicwrd in the some schedule.)
7
6
I
I
91
^out tlX^ VX r°UEht °Ut ^-"t concerns
rep-sentatives Participants shared their perspectives
on
ne law, its implementation, and its
consequences.
In
MP,
additional FGDs were conducted
as part of a second phase
of fieldwork since disqualificatio
ns started only in November .
-udies. These cone ™
case
-se.eclion.w.iedeseri.:31:^^:^’103^110-
Table 3: State Wise
Andhra Pradesh
i
F
Constraints and Limitation of Data
9 •
Data on disqualifications had to be collected at district and
Madhya Pradesh
9
al/the s't-ne l ^'l
Orissa
6
•
Rajasthan
7
Haryana
Total
40
)
I
2001.
Case Studies Conducted
In addition, 12 FGDs
were conducted with questions on
various issues related
to the norm. Their break up is: Table 4: State Wls
?
o Number of FGDa
Andhra Pradesh
2
Haryana
2
Madhya Pradesh
4
Orissa
2
Rajasthan
2
Total
12
he EGDs were held al the village level. The’‘25-30
Participants included community members of a.l age groups
and different social group
.>s, but did not include panchayat
s0™ ill.formnlion was available
*
evc ' there were discrepancies. In several
nstances actual numbers, when seen at the district and
ck levels, surpassed those recorded at the state level.
hc/e was uneasiness and reluctance of officials in some
sX8
inr°rmation °r
give interviews on the
with tl e°idlSqpUha"fication Give" ‘he sensitivities involved
th
Two-Child Norm and its implications, difficulties
encountered in eliciting responses ofpnnch^ " 8
especially women, had also to be kfpt in view
Inadequate and inconsistent data
on disqualified persons
(except in Rajasthan and Haryana to
a certain extent),
official reluctance to part with information, the limited
neframe, and nature of issues to be investigated meant
hat very systematic samples could not be drawn. Nor was
K poss.ble to have 'control groups' i.e., a similar number
panchayau raj representatives with identical sociodemographic backgrounds, but not disqualified. There was
an added dimension due to the fact that some of these
persons had exceeded the norm but had not faced
disqualification. This also meant that the sampling
techniques followed in these studies were not through
?
i
i
i
<
■
rigorous procedures characteristic of large sample and
quantitative techniques. The nature of this study is such
8
9
i
that though the data arc qualitatively indicative and
methodology rigorous, the findings are not statistically
representative.
In Madhya Pradesh, though the law had come into effect
in January 2001, the disqualifications started when
fieldwork was almost over in November 2001. The
consequences were therefore captured in the second phase
of the study.
(
with panchayats gave a list of 7 eases in 9 districts. However
a quick visit to 10 districts showed 27 cases in 9 districts.
There arc admittedly a large number of disqualifications
for which data arc available in individual case files. For
instance, the district which gave details of 7 cases (which
formed part of (he above-mentioned 27 eases) reported that
information on about 20 cases existed but that it would
be inaccessible, even at the block level. Data were similarly
not available in Andhra Pradesh. Most cases in Andhra
Pradesh were pending in civil courts with stay orders on
Data/Information Available at the State Level
.disqualification notices.
Where data were available from various sources, they showed
large numbers of disqualifications on the basis of the I woChild Norm. In Rajasthan, there were 63 disqualifications
in the one and a half years after the 2000 elections. Between
1995 and 1997, 412 eases of disqualifications had been
documented. One study in Rajasthan had estimated 1,579
disqualifications but with no break-up of social group. In
•Haryana, in one and a half years after the 2000 election,
the list included 275 disqualifications. The actual number
for the state as a whole could be higher as the three study
districts alone showed as many as 166 cases in one and
a half years after this election. In Madhya Pradesh, the
law became effective from January 2001. There was no
awareness or action taken till October 2001, but from
November 2001 onwards, i.e. almost a year liter, 52 cases
Emerging Concerns
were reported from 7 of the 45 districts in the state. These
were reported in a four-month period. In Panna district,
164 representatives had been given notice by the end of
March 2002. By then 8 districts in the state had about
I
I
t
While the efficacy of the norm achieving intended outcomes
has not been proven, there seem to be a large number
of unintended outcomes influenced by the implementation
environment and socio-polilical realities. These arc
reflected below.
Proper information dissemination not in place
•"
It has-been observed that the process of
disqualifying defaulters starts only if a complaint
is lodged against any candidate's nomination al
the time of.the election or after election. Il has
been noticed that people arc generally uninformed
about the provisions of law and come to know of
the norm al the time of nominations or when they
receive notice, but do not fully understand its
implications. This happens more often with
women.
__
200 eases.
In Andhra Pradesh and Orissa very little data were available
at any level. The Orissa Stale Election Commission dealing
10
Case studies and FGDs unequivocally show (hat
low levels Of literacy in general, combined with
ignorance about the law even amongst educated
11
I
contesters, and in particular among implementors,
has meant wastage of resources - both human
and financial - for those
— who
...j were subsequently
disqualified. For
example, amongst those
. disqualified, slightly
more than half (54 percent)
were cither illiterate or had primary education,
whereas 3 percent were graduates or
I
.i
postgraduates. The rrest* were educated up to
middle level (16 percent)) and higher secondary
level (27 percent).
>
FGDs and interviews with NGOs and media persons
show that the norm has gone unquestioned. No
debate is taking place on tljc implications and
potential consequences of the norm on human,
democratic, and reproductive rights.
Econondcally and socially most vulnerable sections are
the worst affected
The norm-based disqualifications of persons and
others affected in the process (such as their
spouses) consist of a higher sljare of socially weak
sections of the population: 78 percent of all cases
studied belong to scheduled castes (SC), scheduled
tribes (ST) and other backward castes (OBC).
Al least 70 percent of affected persons have an
annual income below Rs. 30,000/- per annum
whereas 30 percent were in Ute lowest annual
income group of Rs. 11,000/- per annum.
Norm a potential tool for misuse
First and foremost, disqualification hinges upon
birth of a third/additional child, after a stipulated
'1*1
date. Manipulation and misrepresentation of date
of birth are common and relatively easy because
of a high prevalence of home deliveries and non-
rcgistralion of births. On the other hand,
disqualifications were also being contested on the
basis of false certification of sterilization.
US is a Backward Caste, 7"’ standard pass, young
female sarjjanch ln a panchayat that has traditionally
been the political stronghold of the upper caste/class,
After three children, she had a sterilization. She was
elected sarpanch in the August 2001 elections. The
problem started after the election results were
announced. She was physically attacked by rowdy
elements when she was coming In a procession
organized by her supporters. Chilly powder was thrown
on her face. Her opponents filed a case against her
m October 2001 saying that her third child was born
after May 1995. Everyone in the village knew that
US hud neither the. knowledge nor the money to
defend a case in court. Her husband is a bus conductor.
US feels that rich politicians, to keep control and
power In their hands, are misusing the Two-Child
Norm law. She also feels that potential candidates,
who are poor like her, will not be able to run around
courts and spend money defending their cases, and
that this law is not in favour .of the poor.
i
?
I
I
(Case study from Andhra Pradesh)
It has been observed that complaints usually start
from opposing camps after nominations arc filed
or aflor (Jedions arc held in order to srlllc old
scores or to rctalialu.
c
12
13
I
It has been observed that prolonged court
procedures and stay orders benefit some PRI
members by giving them time to complete their
tenure.
I
i
who was about one and a half years old at the time
this research was being undertaken.
(Case Study from Andhra Pradesh)
Policy makers assumed that this la\v would
As high as 95 percent of the disqualified persons
belonged to the age cohort of-21-39 years. There
were cases where much older relatives replaced
younger, albeit disqualified persons, because of
the stipulated cut-off dates set for disqualification.
This defeated the very purpose of reducing the
age from 26 years or more to 21 years for contesting
panchayati raj elections and encouraging the
younger generation to participate in PRIs.
influence fertility decisions ofpanchayat members
towards a small family size, and that others would
follow their example. The case studies indicate
that such an assumption may not hold true. There
are many instances of disputing the age or date
of birth of the last born child, tampering with
records and evidence (such as aiiyamvadi
immunization records and pulse polio campaign
records), procuring false certificates, collusion with r
local officials, and getting stay orders, etc.
There are other conlcfltcd Ibrucr such as stillbirth
and birth of twins. While some states factored In
the stillbirth of the third child, or subsequent Infant
or child mortality in determining applicability of
the norm by having ‘two live children’ as the basis,
other states only had ‘two children’ as the UhbIh.
Similarly, in the case of twins, the applicability
of the norm varied in different states, as only
Rajasthan's law addresses this issue.
Case studies across states show that the norm
has been used as a strategy to either pre-empt
potentially promising political rivals or remove
them after their election. Conversely, it is possible
for some to violate the Two-Child Norm, yet work
around political factions and continue in their
posts.
KB is a dalit (Schedule Caste) and occupied the position
of Hmpn/ic/i from 1995 io 2001. When his wife became
pregnant and he was threatened with disqualification
by opposing political factions, KB sent his wife to her
nutal home and did not bring her back for more than
two years. When people enquired about his wife, he
told them that she was sick and had gone to her
parents. In the two years that his wife was away,
he married again. This second wife also had a son
14
Women face double-edged challenge
•
Forty pcrccnhof all candidates were disqualified
or involved in .legal processes, 50 percent of
scheduled castes and 38 percent of backward
castes were women. In Orissa, women constituted
about 55 percent of all such cases; in Andhra
Pradesh this catcgoiy constituted about 48 percent.
Thus, women are further marginalized by this
<
I
legislation.
■
t
!
15
i
rl
*ro
New women entrants in /mnc/ioi/nts showed
pmt.cipation across wider social and economic . lasses
u-s compared to earlier patterns when most came from
dominant castes and classes and from higher age
.
<
r
I
gioups. This has been possible with the family support
hey now receive. At the same time, however ihe
wo-Child Norm acts as a barrier for them because
hey are not in a position to stop their child-bearing
after a certain numbers of children,- particularly 1„ the face of a prevalent son preference.
(Based on case studies from Haryana)
The nexus between the nLrni and violation of
icproductive rights is complex and not always
statistically quantifiable. Yet cases have been
observed of abortion, desertion, divorce, extra
marital affairs, (because the 'legal wife was sent
to her natal home to hide the third pregnancy or
child) and of giving away of children in adoption.
Although it Is extremely difficult to access
information on a subject as sensitive as prenatal
sex determination and sex selective abortion of
the female foetus (people did not easily speak of
it), the case studies have documented four
instances of prenatal sex selection prompted by
the need to adhere to the norm.
SB, a 30-ycar old Schedule Cnsle wpman, was elected
ward member in 1997. She and her husband cam
a living by making leaf cups and plates. They have
four children. The first three are daughters. The
16
vounj’esi is a son. She underwent sterilization when
In i son was (> innnilis old. During her fourth
pregnam. v, slic had a sox dclerniinafion test and was
told (hat it was a female. She had an abortion. In
hei next pregnancy, she had the lest done again and
li arnl that it was male. She continued the pregnancy
and delivered her fourth child, a son.
At the lime that she was removed from her post as
ward member, she had four months of her tenure
left. At that lime, she told the District Collector that
since so many other PRI members also had four
children, they too should be removed. In reply, she
v-as informed that there were no complaints against
the others. In her case, the Block Development Officer
(BDO) had conducted an enquiry and verified the facts
from the Angcmiuari record, in which her children’s
names had bee n entered. SB statedihat the complaint
against her and one other ward panch was made by
the male panchayat secretary as she, along with the
village people, had had him removed for
misappropriating funds of the monthly remuneration
of ward panches.
(Case study from Orissa)
In the studies, some reported cases of induced
abortions and attempted abortions seem to be
Jinked with stopping the birth of a girl child as
the third/additional offspring, There were a few
cases where the male foetus was retained even
in the face of disqualification, because for these
parents the benefits of having a son far outweighed
17
.-.'X
- •; >
r
r
the benefits of being a panchayati raj
representative. This issue needs further probing.
RP, a sarpanch, has six children through three wives.
The last child, a boy, was born in February 2001.
When asked about th’e'Two-Child Norm, he took this
very lightly and said that he had heard about it from
the panchayat secretary. When informed that he was
subject to disqualification because of his son, he
replied, “The sarpanch's post is not going to support
me during my old age, but my son will. It docs not
really matter if I lose the post of sarparich”
(Case Study from Madhya Pradesh)
There was evidence of women getting discouraged
in view of long drawn out court cases, enquiries
and mental trauma resulting from the dilemma
between continuing in the post and a simultaneous
desire for a son or a large family. The mental trauma •
is noted especially where the law has been in place
for some time. This defeats the intent of the 73'’'
Amendment that attempts to facilitate and
encourage entry of women across class and caste
into panchayats.
i
i
I
S.M. is an educated Other Backward Caste.(OBC)
woman who was selected as a pradhan of a panchayat
committee In 1995. She continued until 1998 when
she was disqualified. Her natal family was politically
well connected. She had contested on a general scat.
The birth of her third child had been a major source6
of tension, though she tried to suppress evidence
and pretend that the baby was from her husband’s
lictive first wife. She did not want the third child,
a second son, but her husband did. "Two sons are
like two eyes," he would say. "We end up producing
children due to men. women arc not to be blamed”,
laments S.M. She had three abortions after the
election.
S.M.-hhowed visible signs of extreme tension. As a
lactating mother, she could not openly feed her
undeclared child or take it to meetings. Despite being
politically connected, knowledgeable about the
panrhayali raj system and wanting, to work, her
functioning was clearly impaired by her tense stale
of mind.
'
(Case study froln Rajasthan)
In Sum
Population growth is an issue that requires a multi pronged
strategy and the Two Child Norm for panchayati raj
representatives has been seen as one of the ways to achieve
it. The five studies in Andhra Pradesh, Haryana, Madhya
Pradesh, Orissa and Rajasthan attempted to understand
the impact of this norm on governance and on fertility
decisions and reproductive rights. Although qualitative In
nature and drawing from limited primary data, they
demonstrate that the way the norm Is conceptualized and
currently implemented is not without serious unintended
negative consequences. It becomes exclusionary,
particularly of those at the lower end of the caste and class
hierarchy, and discourages women from participating in
grassroots decentralized governance though PRIs. The
i
IH
i
10
47
I
C
4®
manner in which fertility decisions are impacted by the
law is not m keeping with the client-oriented spirit of the
National Population Policy or the rights-orientation
Co fe
10
Plnn °f ACti°n °f ,he ,nle’-naliona|
Conference on Population and Development.
•
' I.
firmlvT -IT t0Jhe le8aI mind‘ the Two-Chi|d Norm is
firmly pos.t.oned against issues such as population
explosion, resource depletion and sustainable development
norm'thlT3511"3
P0PUlati°n gr0Wth- Tlnorm therefore, is not seen by the legal mind as directly
itcrfering wtth the right of any citizen to lake a decision
in the matter of procreation, as they see it as only generating
a legal consequence for a person who has had more than
o children on the relevant date of seeking elected office
der the Act. Gwen the composition of disqualified persons,
j
<
j
persons from socially disadvantaged groups and
them spouses - women - who are likely to bear the brunt
re importantly, the entire question is that of the efficacy
o an externally imposed norm that is inherently coercive
hen seen from the perspective of informed choices and
reproductive rights. The Two-Child Norm for panchayatl
dTbT^
1"1?5 tHUS reqUirCS fUrther infOrmed critical Public
debate and appraisal.
Several research issues have emerged from the studies
ese include, for example, the need for documentation
and mamtenance of a database over time; the need for
cntical analyses evaluating the efficacy of the Two-Child
Norm from a political, legal and socio-economic perspectiveessment of the long-term effects of the norm on
pro uctive^health and reproductive rigKU; and'the
implications for women's autonomy.
i
i
20
*/o
women entrants in panchai/ats showed
pmlicipation across wider social and economic classes
us compared to earlier patterns when most came from
dominant castes and classes and from higher age
>
%
L
1
.
groups. This has been possible with the family support
hey now receive. At the same lime, Imwfver, lhe
I wo-Child Norm acts as a barrier for them because
they are not in a position to stop their child-bearing
after a certain numbers of children;- particularly
the face of a prevalent son preference.
(Based on case studies from Haryana)
a- ?
The nexus between the nbrni and violation of
icproductive rights is complex and not always
statistically quantifiable. Yet cases have been
observed of abortion, desertion, divorce, extra
marital affairs, (because the legal wife was sent
to her natal home to hide the third pregnancy or
child) and of giving away of children in adoption.
Although it is extremely difficult to access
information on a subject as sensitive as prenatal
sex determination and sex selective abortion of
the female foetus (people did not easily spcaltf of
it), the case studies have documented four
instances of prenatal sex selection prompted by
the need to adhere to the norm.
SB, a 30-ycar old Schedule Caste wpman, was elected
ward member in 1997. She and her husband earn
a living by making leaf cups and plates. They have
four children. The first three are daughters. The
16
voungesi is a son. She underwent sterilization when
hei son was (> nmnilis old. During her fourth
pregnancy, slic had a sex determination test and was
told that it was a female. She had an abortion. In
her next pregnancy, she had the lest done again and
Icarnl I Fiat it was male. She continued the pregnancy
and delivered her fourth child, a son.
At the time that she was removed from her post as
ward member, she had four months of her tenure
left. At that lime, she told the District Collector that
since so many other PRI members also had four
children, they too should be removed. In reply, she
was informed that there were no complaints against
the others. In her case, the Block Development Officer
(BDO) had conducted an enquiry and verified the facts
from the Angcuuuari record, in which her children's
names had been entered. SB statedihat the complaint
against her and one other ward panch was made by
the male panchayat secretary as she, along with the
village people, had had him removed for
misappropriating funds of the monthly remuneration
of ward panches.
(Caso study from Orissa)
loathe studies, some reported cases of Induced
abortions and attempted abortions seem to be
linked with stopping the birth of a girl child as
the third/additional offspring. There were a few
cases where the male foetus was retained even
in the face of disqualification, because for these
parents the benefits of having a son far outweighed
17
r
?
the benefits of being a panchayati raj
representative. This issue needs further probing.
RP, a sarpanch, has six children through three wives.
The last child, a boy, was born in February 2001.
When asked about th’e'Two-Child Norm, he look this
very lightly and said that he had heard about it from
the panchayat secretary. When informed that he was
subject to disqualification because of his son, he
replied, “The sarpanch's post is not going to support
me during my old age, but my son will. It docs not
really matter if I lose the post of sarpanch”
(Case Study from Madhya Pradesh)
There was evidence of women getting discouraged
in view of long drawn out court cases, enquiries
and mental trauma resulting from the dilemma
between continuing in the post and a simultaneous
desire for a son ora large family. The mental trauma •
is noted especially where the law has been in place
for some time. This defeats the intent of the 73"’
Amendment that attempts to facilitate and
encourage entry of women across class and caste
into panchayats.
S.M. is an educated Other Backward Caste.(OBC)
woman who was selected as a pradhan of a panchayal
committee in 1995. She continued until 1998 when
she was disqualified. Her natal family was politically
well connected, sfie had contested on a general scat.
i
i
I
The birth of her third child had been a major source*
of tension, though she tried to suppress evidence
and pretend that the b.iby was from her husband’s
ficlive first wife. She did not want the third child,
a second son, but her husband did. “Two sons are
like two eyes,” he would say. “We end up producing
children due to men, women arc not to be blamed”,
laments S.M. She had three abortions after the
election.
S.M.Showed visible signs of extreme tension. As a
lactating mother, she could not openly feed her
undeclared child or lake it to meetings. Despite being
politically connected, knowledgeable about the
punrhayati raj .system and wanting to work, her
fund inning was dearly impaired by her tense stale
47
I
of mind.
(Case study from Rajasthan)
In Sum
Population growth is an issue that requires a multi pronged
slralcgy and the’Two-Child Norm for paiichaydti raj
representatives has been seen as one of the ways to achieve
it. The five studies in Andhra Pradesh, Haryana, Madhya
Pradesh, Orissa and Rajasthan attempted to understand
the impact of this norm on governance and on fertility
decisions and reproductive rights. Although qualitative In
nature and drawing from limited primary data, they
demonstrate that the way the norm is conceptualized and
currently implemented is not without serious unintended
negative consequences. It becomes exclusionary,
particularly of those at the lower end of the caste and class
hierarchy, and discourages women from participating in
grassroots decentralized governance though PRIs. The
i
!
IH
t
10
.J
d
I
manner in which fertility decisions are impacted by the
law is not in keeping with the client-oriented spirit of the
National Population Policy or the rights-orientation
rttculatcd tn the Plan of Action of the International
I
?
J.
Conference on Population and Development,
It appears that to the legal mind, the Two-Child Norm is
firmly posHioncd against issues such as population
explosion, resource depletion and sustainable development
requiring measures to contain population growth The
norm therefore, is not seen by the legal mind as directly
mterfcrmg with the right of any citizen to take a decision
m the matter of procreation, as they see it as only generating
a legal consequence for a person who has had more than
two children on the relevant date of seeking elected office
under the Act. Given the composition of disqualified persons,
IS t e persons from socially disadvantaged groups and
heir spouses - women - who are likely to bear the brunt.
More importantly, the entire question is that of the efficacy
of an externally imposed norm that is inherently coercive
when seen from the perspective of informed choices and
reproductive rights. The Two-Child Norm for panchayat.
rajinstituhons thus requires further informed critical public
debate and appraisal.
•
' I.
i:
<
Several research issues have emerged from the stud.es
These include, for example, the need for documentation
and mamtenance of a database over time; the need for
critical analyses evaluating the efficacy of the Two-Child
Norm from a political, legal and socio-economic perspective'
assessment of the long-term effects of the norm on
reproductive health and reproductive rigHti; and'the
implications for women's autonomy.
i
t
20
Analysis of
Census Data
Child Sex Ratio
BARE TRUTH - A REPORT ON
MISSING GIRL CHILD BASED .
ON CENSUS OF INDIA 2001
“It is clear that the sex ratio in the age
group 0-6 has decreased at a much faster
pace than the overall sex ratio of the
country after 1981.
The decreasing sex ratio in this child
population perhaps has ^cascading effect
on the population over a period of time
leading to diminishing sex ratio in the
country...
Office of the Registrar General
and Census Commissioner, India
21st September 2004
- Provisional Population Totals
Paper 1 of 2001 India
Implications resulting
from Census Data
One thing is clear- the imbalance that
has set at the early age-group is difficult
to be removed and would remain to
haunt the population for a long time to
come.
Am I alone in this crusade?
To say the least, demographically the
sex ratio of 927 of the population in the
age-group 0-6 does not augur well for
the future of the country. ’
- Provisional Population Totals
Paper 1 of 2001 India
The rest is all history ...
1
!
What is Sex Ratio ?
RURAL AND URBAN SEX RATIO:
INDIA
Sex ratio, in India, is defined as the number of
females per 1000 males in the population
It is an index of male-female (im)balance in
population. At birth there are 942-955 girts for
every 1000 boys.
At the Census 2001, sex ratio of population stood
at 933 females per 1000 males a marginal increase
from 927 recorded at the 1991 Census
1OOO
I
I
970
880
850 -
Internationally sex ratio is defined as number of
males per 100 females and the sex ratio at birth is
105 boys for every 100 girls.
Population of India (in millions)
SEX RATIO - INDIA
J2 980 -r
< 970 960 950 940 5 930 ■
q
1
5
920 910 -
£ 900 §
II i I ■
£
£
£
Census
years
Persons
Males
Females
1901
238
12F
117
1951
1961
1971
1981
1991
2001
361
439
548
683
846
1028
186
226
284
353
439
532
176
213
264
330
407
496
CENSUS YEARS
Census thus reveals that the deficit of women has risen
from 3 million in 1901 to 36 million in 2001
i
2
Sex-ratio of population by religious communities and
residence, India ^2001
Religious
communities
Total
Rural
Urban
All
933
946
900
Hindus
931
944
894
Muslims
936
953
907
Christians
1.009
1.001
1.026
Sikhs
893
895
886
Buddhists
953
958
944
Jains
940
937
941
Others
992
995
966
3
Child Sex Ratio
Child Sex Ratio
(0-6 years)
Census
Total
Rural
Urban
1981
962
963
931
1991
945
948
935
2001
927
934
906
Decline in child sex ratio from 945 in 1991 to 927 In 2001 has
some what activated the political, legal and administrative set up
of the country. However the Census findings should now be
converted into a tangible action plan to help the cause of the girl
child.
Child Sex Ratio
Child sex ratio, i.e., sex ratio in the age group 0
to 6 years is a powerful indicator to examine the
SOCIAL RESPONSE and ATTITUDE towards the
GIRL CHILD in recent past
The presentation of data on child sex ratio has
shown a grim picture of the status of girl child in
some parts of the country as per the Census of
India 2001.
A technical note on sex ratio
If it is accepted that the impact of differential sex selective
undercount, age reporting and migration is negligible then,
the sex ratio in the age-group 0-6 years will be principally
influenced by :
1. Sex ratio at birth
2. Sex selective mortality at younger ages
The sex ratio at birth is usually a biological constant with a
value that lies between 943 to 954. As the male infant
mortality is higher than female in normal populations, the
child sex ratio would tend to increase and improve
over the globally accepted constant
4
Child Sex Ratio Total, SC, ST and
General populations - India 1991 and 2001
Distribution of districts by ranges of
Child Sex Ratio - India 1991 & 2001
Rural Urban
Population
Year
Total
Total
19911
945
948
935
2001*
927
934
906
19911
946
947
943
Less than 800
20011
938
941
924
1991
985
986
20011
973
974
1991
940
943
Scheduled Castes
Scheduled Tribes
General
1991
2001
Total *
579
579
800-849 •
1
31
971
850 - 899
951
900 - 949
68
182
212
933
950 - 999
307
246
1000 +
21
5
(Total-SC-ST)
2001
919
925
Census Years
Ranges of Child
Sex Ratio (0-6)
14
71
902
*: Excluding J & K
India
Child »cx ratio in age group 0-6
(Districts)
Child Sex Ratio of Total, SC, ST and
General populations - Selected States/ UT 2001
SI.
No.
Sute/UT
SC
Population
Total
population
ST
Population
794 I
461 I
NST |
• 19 I
NST |
HARYANA
•65 I
DELHI
•64 |
PUNJAB
2
5
r
901 •
GUJARAT
••3
•S5
HIMACHAL
PRADESH
•96 I
936
UTTARANCHAL
904 I
RAJASTHAN
909 I
919
913 |
936 I
TAMIL NADU
942
959 '
767
•07
NST I
966 I
955 I
•61
•65
•76
•99
934
MAHARASHTRA
General
Population
950 l
•97
.65 !
903
MS
937
5
Child Sex Ratio - Top Ten Districts in India
Districts by ranges of Child Sex Ratio
SC, ST & General Population - India 2001
District
General
Scheduled
Castes
Scheduled
Tribes
Population
Total
570
540
593
Less than 800
11
23
32
Ranges of Child Sex
Ratio (0-6)
800 - 849
20
8
37
850 - 899
79
38
95
900 - 949
184
102
230
950 - 999
252
278
1000 +
24
91
East Kameng (Arunachal Pradesh)
1035
Puiwama (Jammu & Kashmir)
1033
Kupwara (Jammu & Kashmir)
1021
Dantewada (Chhatisgarh)
1014
Upper Slang (Arunachal Pradesh)
1010
Bastar (Chhatisgarh)_______________
1009
Lower Subanslri (Arunachal Pradesh)
1005
191
Badgam (Jammu & Kashmir)________
1002
8
Nabarangapur (Orissa)
999
North (Sikkim)
995
No SC in 23 districts and no ST in 53 districts
India
Child sex ratio in age group O-€
(Districts^
Child Sex Ratio - Bottom Ten Districts in India
District
c
ND fViMU K STK3QBM1
i toKxrr
Child Sex
Ratio (2001)
Child Sex
Ratio (2001)
Fathegarh Sahib (Punjab)
766
Kurukshetra (Haryana)
771
Patiala (Punjab)_________
777
Ambala (Haryana)
782
Mansa (Punjab)
782
Kapurthala (Punjab)
785
Bhatlnda (Punjab)
785
Sanprur (Punjab)
786
Sonipat (Haryana)
788
Gurdaspur (Punjab)
789
6
India
Child
2001
Sex ratio of 0*6 population by religious
communities and residence, India • 2001
Religious
communities
Total
Rural
Urban
. 927
934
906
Hindus
925
932
898
Muslims
950
955
938
Christians
964
965
964
Sikhs
786
788
778
^MILD SEX RATIO
Buddhists
942
945
935
■J BELOW BOO
Jains
870
869
870
____ I (SO
Others
976
976
967
• so
All
“ .»°o • •«
-(•«
■••«
H
•so - •••
Ld
1000 ANO ABOVE
India
<...
Child sax ratio in age group 0-6 fa*
2001
S?
CWILO SEX RATIO
■■ BELOW 100
|
• OO -ofe ' 1-2“
India
Decline in child sex ratio
During 1991-2001
[Districts)
an
i*«i
(1BX)
041
J •so • •••
I lOOO ANO ABOVE
NEOLIOIBLE
7
Himachal Pradesh
Child sex ratio in age group 06
(Districts)
Maharashtra
Child sex ratio in age group 0-6
(Diatricts)
Punjab
Child sex ratio in age group 0-6
. , (Districts)
3001
IBS!
CMILO OU uno
r—r:=
Il
pg —«
■■ 1000 AMO AOOV1
H 10M AMO AOOVt
8
Rajasthan
Child sex ratio in age group 0-6
(Districts}
Child Sex Ratio in Total, SCs & General Population
Delhi & Districts - 2001 Census
SCs
I General
901
861
North West
[Total
[868
[857
901
845
North
886
932
875
North East
875
874
East
865
882
906
New Delhi
898
941
881
Central
903
896
905
West
859
907
849
South West
846
890
837
South
888
904
884
Districts
Delhi
856
CMILS MX MTIO
BELOW BOO
|^l BOO • B4B
*~~*l BBS • BBB
m lOOC AMD XBOVI
Gujarat
Child sex ratio in age group
(Districui
Delhi
Child sex ratio in age group 0-6
■
{Districts)
BBLOW SOB
CMO MX UTK
Mum »M
I
Q'^bmomom
i ••• • »*•
SX.'Xmov.
9
Tamil Nadu
Child sax ratio in ape group 0-€
(Districts!
Faridabad Municipal Corporation
Child sex ratio in age group OS
(Wards/
•CLOW BOO
••0 • •••
1000 ANO ABOVE
Child sex ratio in
selected cities ward wise
O4IU> MX HAHO
Bi MLOW aoo
i
M» M<
i—' ■“ ’ *•*
t
' no
poo-—
BB ’OO® PNO ABOVt
10
Ahmadabad Municipal Corporation
Child sec ratio in age group
fWards)
S
\
CMILD Ml KAT1O
■W MLOW IM
Child sex ratio situation in
villages of selected states
H 1OOO AMO ABOVI
Delhi
Chilli sex ratio in ape group 06
2001
fWartlf)
Distribution of villages by ranges of
Child Sex Ratio, 1991 & 2001 Census : PUNJAB
Ranges of Child
Sex Ratio (0-6)
Number of villages
2001
1991
Less than 800
6376
1621
1263
882
813
1323
12278
3853
1464
1655
1402
1360
2694
12428
800 - 849
850 • 899
900 - 949
950 - 999
1000 +
Total
11
Distribution of villages by ranges of
Child Sex Ratio, 1991 & 2001 Census : HARYANA
Ranges of Child
Sex Ratio (0-6)
Number of villages
2001
1991
Less than 800
800 - 849
2965
1236
1330
749
850 - 899
101 (T
886
900 - 949
950 - 999
624
433
1000 +
496
738
565
934
5202
Total
6764
Distribution of villages by ranges of
Child Sex Ratio, 1991 & 200-1 Census : DELHI
Ranges of Child
Sex Ratio (0-6)
Number of villages
2001
1991
Less than 800
800 - 849
850 - 899
900 - 949
950 - 999
1000 +
70
28
38
27
45
Total
23
15
6
6
158
I
T
T
I
49
18
32
199
Distribution of villages by ranges of Child Sex
Ratio, 1991 & 2001 Census : MAHARASHTRA
Ranges of Child
Sex Ratio (0-6)
Number of villages
2001
1991
Less than 800
800 - 849
850 - 899
8763
6884
4310
3210
4346
900 - 949
5216
5105
950 - 999
5165
5761
1000 +
12536
15169
41095
40412
Total
5042
Distribution of villages by ranges of Child Sex
Ratio;-1991 & 2001 Census : GUJARAT
Ranges of Child
Sex Ratio (0-6)
Number of villages
2001
1991
Less than 800
800 - 849
850 - 899
900 - 949
950 - 999
1000 +
3859
2157
2586
2516
2255
4693
3069
Total
18066
1755
2235
2465
2514
5987
18025
12
(?b
Child Sex Ratio 2001 &1991- Delhi Tahsils
The situation at
tahsil or taluk level ?
India
Child sex ratio in age group 0-6
ISub-DistrictsI
Tahsils
2001
1991
Sadar Bazar
932
917
Darya Ganj_____
932
947
Connaught Place
926
934
Konvali
913
910
Chanakya Puri
898
939
Kalkaji_________
897
910
Defence Colony
885
924
910
Hauz Khas
882
Seema Puri
882
9)0
Model Town
880
917
Preet Vihar_____
879
923
Seelam Pur
876
922
Pahar Ganj
874
921
Parliament Street
871
895
Child Sex Ratio 2001 &1991- Delhi Tahsils
T
I
2001
1991
869
941
Civil Linei_______
869
918
Patel Nagar______
868
919
Shahdara________
862
915
Rajouri Garden
862
913
Vatant Vihar
859
905
Saraswati Vihar
858
913
Gandhi Nagar
846
920
Punjabi Bagh
843
901
Najafgarh
841
893
Delhi Cantonment
838
929
Vivek Vihar
836
895
Nareh
828
908
DELHI
868
915
Tahsils
Karol Bagh
Mo
13
Billion reasons why planning counts in
census
South China Morning Post
■When girls go missing in a society........ ’
The Hindu, 21” October, 2003
Will clergy’s crusade against foeticide make an
impact?
Media Reports
Times of India, New Delhi,IO"1 June 2001
Time to spare a thought for the girl child : L-G
The Asian Age, 26”' October, 2003
Girl-child - graveyard in capital's cradle of
rich
Telegraph Calcutta, 21“ October, 2003
Unwanted? Girl Child population shows
shocking decline even in affluent India
a
India Today, 10”* November, 2003
Where have all the girls gone? We ought to
hang our heads in shame.
The Economic Times, 23* October, 2003
I1
What can
we do ??
Grim trend: Punjab, Haryana lead in
Child Sex Ratio decline
The Hindustan Times, 21“ October, 2003
14
CONTROLLING AND MONITORING FEMALE FOETICIDE
- WHAT CAN BE DONE ?
Following the publication of the provisional census
results, which among other aspects focused on the
plight of the girl child, there has been an enormous
activity in the legal, social and governmental
spheres to control this menace.
Keeping a vigil on
Sex Ratio at Birth
The PIL in the Supreme Court, the Fatwha issued by
the religious priests In Punjab and the amdYtdments
to the PNDT Act are clear signs of the Interest
generated In this area of great social concern.
•SAVE THE GIRL CHILD’ campaign needs to be
further supported actively by all the agencies within
and outside government In a civilized society to
restore the balance of sexes.
Sex Ratio at birth, India and bigger states - 1999-2001(SRS)
SL
StatWUT
Can we wait for the next census In 2011 to tell
whether the sex ratio at birth have improved or
further deteriorated ? DEFINITELY NOT.
The answer Iles In monitoring sex ratio at birth
from the CIVIL REGISTRATION DATA, which
gives monthly report for any administrative
level.
instructions have been already issued In this
regard by the Registrar General India, to all the
CHIEF REGISTRARS OF BIRTHS AND DEATHS
In the state for monitoring the monthly sex ratio
at birth and disseminate this data back to the
public and governments.
Total
pooulatlon
INDIA
884
PUNJAB
775
2
HARYANA
803
3
OUJARAT
S37
HIMACHAL PRADESH
851
UTTAR PRADESH
870
BIHAR
173
RAJASTHAN
885
MAHARASHTRA
915
SL
SlaiaZVT
MADHYA PRADESH
10
Total
population
815
ORISSA
920
TAMIL NADU
928
12
KERALA
927
13
ANDHRA PRAOESH
934
KARNATAKA
935
WEST BENGAL
951
ASSAM
992
15
15
Delhi
S«x ratio at birth by xonaa (MCDI,
January to June 2004
Sex Ratio at Birth (institutional) - Delhi
MALE PER 100 FEMALE FOR 8 HOSPITALS
125
120
'■ c**
F
d™
\ L-
H
■- <3 5
i
105
100 ........................
1990 1991
1992
......................................
1993 1994 1995 1996
1997
1998
1999
CHILD sex RATIO
H MLOWMO
X
I
"
MX> •
MO • »M
lOOO AMD ABOVt
Reported Sex Ratio at birth
MC Delhi by zones January to June 2004
MC Delhi all Zones
F 819
Reported sex ratio at birth by religion
Punjab - 2000’
_1_
City Zone___________
910
150
2
Karol Bagh Zone
850
140
3
Civil Zone__________
838
130
4
Sa hada ra South Zone
5
West Zone
833
831
110
6
Sa Oar Paharganj Zone
811
100
7
Narela Zone________
808
90-
8
Sa ha da ra North Zone
806
805
792
784
so
9
Central Zone________
10
Najafgarh Zone______
11
Rohini Zone_______
South Zone
12
762
1
136
132
134
134
121
120
so
_
Illi
Sikh
Hindu
Mia Um
Christian
Total
16
Publicity Item
Q
PLAY THE GAME OF LADDEft & SNAKE REGSTER EACH BIRTH a. DEATH
®
G
G
GC
G.. ©
G
©
O
O
O ‘~
©
©
-
©
o
©
Other
Interventions
Conceived, aeveioped & issued by ORGl
Innovative Scheme in
Tamil Nadu
* Cradles are kept in the Social Welfare
Department offices of the State
Government for receivinp female babies
from parents
• The babies are brought up by the State
Government
* The scheme was introduced as part of a
strategy to prevent probable infanticide
Response & Actions
to Census Findings
* Was started In 1992 by the Chief Minister
during her first tenure
* Only Salem district has so far”saved 302
female babies
Source:
Tb« Hindu :
October 2002
17
Government of Haryana acts..
?
wrI am om
Efforts by Punjab Government
«r»
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p
n*.yrtwitj
7 vrT^rr zn 41*4
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1
Publicity
4
New Year’s
Greeting Card
Special Logo
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UV 4 FT ^VTFTefi
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ftfl |R|
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Government of
Haryana acts..
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•Bl StfaWH^tl
Zjy aft fesi j,re uaw
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?q^n r^ara
arorra?!
18
Am I alone in this crusade?
For more information visit our website at:
No.
http://www.censusindia.net/
The Government
and the civilised
society is
responding.
Or generate maps at:
Slowly but surely.
http://www.censusindiamaps.net/
JOIN ME
LET US RETURN THEIR SMILE ...
Thanks
El
19
,
•• ; TL
J
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-
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-
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Experiences of Panchavat representatives facing disqualification
A total of 136 panchayat representatives facing disqualification were respondents in our
study. All of them were interviewed and forty-three case studies were prepared. The
picture emerging from these interviews showed that: •
Women form 41 percent of the respondents while the overall proportion of
women in panchayats is a little over a third of the members.
•
The weaker sections of Scheduled castes, tribes and backward castes form an
overwhelming 80% of the respondents. The same trend was seen in the total
number affected by this law in M.P. till March 2004 with 72% from these groups.
•
Roughly 50% have an annual income of less than Rs. 20,000.
Most representatives were also in the age bracket of 21 to 49 years. Rn overwhelmingly
large number (95%) of the representatives were from the village level that generally have
lower educational and income levels than at the block and district level. The proportion
of sarpanch were higher than that of punches (49% to 46%) ostensibly because they are
seen as exercising more powers and hence a higher target for political moves for ouster.
Overall the representatives facing disqualification were young (21-49 years), poor,
predominantly from the backward castes and had a higher representation of women than
the overall proportion of women representatives in panchayats. I
We also made detailed case studies of forty-three representatives who faced
disqualifications. The findings from these case studies and the interviews are summarized
below.
Contraceptive u3e and Family Planning The main objective of the two-child norm is to
promote contraception so that more couples have smaller families. Most (80%) of the
_affected representatives were aware of the importance of small families, and over a half
(53%) had adopted permanent methods. But this was after they had reached their desired
family size which was higher than two and included at least one or two sons. Roughly a
fourth (23%) of the respondents were practicing some form of contraception. In eleven
8
cases abortion had been induced and in four pre_natal sex determination had been done.
Among the states, of the 23 Panchayat representatives interviewed in AP, the majority of
those disqualified (15 out of 17) claimed to have adopted permanent means but only after
they had obtained their desired family size. Most of the respondents were aware both of
family planning methods and of the advantages of a small family. Their decision to go in
for sterilization, they claimed, had no connection with their opting to contest the election.
On the other hand, in the sample of twenty affected panchayat representatives in Madhya
Pradesh, only twelve were aware of family planning methods. Among them eight were
practicing some form of contraception.
It was seen that families tried to show a reduced number of children to show compliance
of the norm. Thus a 35 year old sarpanch from the backward potter caste in Nalgonda had
four children from two wives but insisted that he was not violating the norm as he had
left his second wife, the mother-of two of his children though she was living in the same
village - a case of deliberate disowning of the wife and children. Another 40 year old
cobbler SC sarpanch in the same district sent his wife away to -her parents home when
she became pregnant for the third time and a complaint was made in this matter but then
dropped when a dalit organisation threatened to expose cases of violation by other
influential persons. He then quietly married a second time.
Mitwa2 the most educated OBC woman in her family was selected as a praclhan of a
panchayat samiti in Rajasthan in 199’5-. She did not want the third child, a’second son. but
her husband did. She had three abortions after the election. As a lactating mother, she
could not openly feed her undeclared child or take it to meetings. She continued until
1998, when sh« was disqualified for violation of this law. Her experience of complaints
and litigation has made her bitter and disillusioned.
The wife of Mangatram, sarpanch of a Gram Panchayat in Morena District in M.P. gave
birth to a third child in November 2001. He maintained that the child could not be his as
his wife was away at her parents' home in Uttar Pradesh since November 1999. He
9
requested the ADM for permission to divorce his wife on grounds of adultery (as
reported in Hindi Daily Nov Bharat, Bhopal edition dated 16th April 2002)
A thirty years old well placed Rajput sarpanch from Sawai Madhopur District had one
son and two daughters. She had her fourth child when she was the sarpanch. The family
wanted one more son since one son is equal to only one eye. She had taken admission for
delivery in the hospital in her sister-in-law's name. She also left the female infant behind
in town to avoid detection where it died at the age of six months allegedly of rickets . So
the complaint case against her got dropped. Her husband also has a second wife, a nurse,
who has two children.
Maheshwari underwent an abortion because she wanted to stand tor the post of sarpanch
in the Panchayat elections of August 2001. She lost the election. Later, her two-year-old
son died when he accidentally drank kerosene. She denied the tact of abortion, perhaps
fearing an enquiry. She was pregnant again at the time of our survey.
Twenty-six years old Menka, scheduled tribe sarpanch in Angul District of Orissa had
three daughters, one of them born after the cut-off date. She had not used any
contraceptives or gone for sterilization, as she wanted a son. During the third pregnancy,
she went for sex determination test and the doctor told her that she was carrying a son.
However the child turned out to be a girl - 'if I had known, 1 would have aborted. Now I
have lost my position and there is no son' that was all she could say. She tried to prevent
her disqualification by getting a certificate that her child was that of her sister.
„
There were others who went ahead and had more children despite the two child norm
because of theirown reasons.
Rachna a 35 years old, illiterate scheduled caste sarpanch from Faridabad District was a
wage labour. Her illiterate husband worked as a mason. She contested the panchayat
election in 2000 and was elected from a seat reserved for scheduled caste. She gave birth
to her' eighth child whew she was holding the post of sarpanch. When she received the
10
disqualification notice she did not contest it. She said, ^hat anger can a poor person
show? It does not matter if the sarpanch post has gone. I was working as wage labourer
before, .So do I now.'
Rama a tribal sarpanch in Betul in MP has six children through three wives. The last,
child, a boy, was bom in February 2001 When asked about the Two Child Norm, he took
this very lightly and said that he had heard about it from the panchayat secretary. When
informed that he was subject to disqualification because of his son he replied. The
sarpanch's post is not going to support me during my old age, but my son will. It does not
really matter if I lose the post of sarpanch.” At the time ot our study there were a number
of such cases of violation ot the Norm but no action had been initiated.
A number of these represeatatives have been disqualified in this district now in 2004
almost as a special drive but the response of the representatives opting for old age
security in a son and concern for child survival were seen unchanged. Sarupi. the 30 year
old, the illiterate panch, who had gone for terminal method after her tive children and
was saved from the law due to the birth of the youngest child before 2001 said on the
notice received by her GP sarpanch, “we produce more children so that even if we lose
one or two, some will survive for old age security”.
Radha, a 30 year old scheduled caste woman was elected panch in 1997. During her
fourth pregnancy, when she was already a panch,. she undertook a sex determination test
” and was told that it W^s a female: she had an abortion. In her next pregnancy, she had the
test done again and learnt that it was male: she continued the pregnancy and delivered her
fourth child, a son and hence faced removal from the post. For her having a boy was
more important than the political post.
Similar stories were found in all the states.
Bila. a 36 year old SC sarpanch in MP took his wife in an advanced stage of pregnancy for
abortion to save his post. Only the firm refusal of the doctors due to risk to the woman s lite
11
saved her. It, of course, meant loss of his panchayat post.
Complaints and disqualification: It was reported that those who had money or influence
also succeeded in delaying or influencing the inquiry and prolonging the court
proceedings to continue in their posts despite violating the norm. Among the twenty
representatives interviewed from the districts of Ajmer and Alwar in Rajasthan, 7 had
been disqualified, 2 exonerated and 11 had the enquiry pending. But there were instances
of cases of violation not reported or when reported duly supported by appropriate
documents went unheard. Ramlal who had contested against Mukesh for the post of
sarpanch in Sawai Madhopur District had raised the issue of Mukesh’s four children.
Ramlal had filed an election petition with supporting documents including Anganwadi
record, birth-death register, immunization record and ration card but reportedly no action
had been taken against Mukesh and he won the election. In another case, the Pramukh as
well as the members of Zila Parishad knew about the violation of the norm by a Zila
Parishad member from Mina caste, but they were afraid to speak out because he came
from a dominant caste and belonged to the party in power.
As action is taken only on complaints there were cases of the two child norm being used
to settle political scores. Among the ten case studies in Andhra Pradesh the complaints
were politically motivated in three cases. In two cases these representatives had held
office earlier and the norm had been violated in their earlier term without any complaint
having been made. In the third case the coiftplaint was false because the third child was
- born before the cut off date-pointing towards the misuse of the norm. A young OBC .-_
female sarpanch elected to this reserved seat after five decades of one party in power
faced psychological harassment including throwing chilly powder on her face. When that
ended in compromise on police intervention, the two child law was being used to harass
her though her youngest child was bom before the legal cut off date. All three cases were
from the backward castes, and two were women. Interestingly in all three cases the
couples had adopted the permanent method of contraception before the election in which
their disqualification was sought.
12
In Haryana we came across disqualified representatives who were certain that the
complaint against them was politically motivated because there were other panchayat
members who had violated the norm but no complaints had been made against them.
Some disqualified representatives had contested the elections because they did not know
of the norm and claimed that they would not have contested had they known the law.
Hoshiarr an OBC panch in Ambala was unanimously elected as the community had
agreed that the issue of his four children would not be raised. But when he went with
other members to remove encroachments on panchayat land, the opposite party
complained. He admitted and was disqualified.
Circumventing the law: Representatives who faced complaints with regard to the norm
used many strategies to deny the birth of a child, hidden and misreported children or even
tampered with or provided contrary document. In Rajasthan the study team came across a
variety of methods that had been used and sometimes successfully too. In one case the
child’s horoscope, details on the ration card and school records-were provided as proof,
but even then it didn't work. In another case ANM's records had been tampered. In a third
case the doctors certified that the child was not of the representative and in a fourth the
woman representative tried to hide her child among the other children in her joint family.
In one case the OBC sarpanch went for a sex-determination test and then went for an
induced abortion to avoid disqualification.
In Haryana the study team came across different strategies to avoid disqualification. The
common practice in Gurgaon District was to obtain’stay orders from a higher authority
and then continue for a long time. In fact the disqualified representatives from here were
in the forefront of the cases in which the Supreme Court finally decided about the legality
of the Two Child Norm law for panchayats in 2003. There were also instances of giving
the disputed children in adoption to near relatives and some with adoption deeds.
The different methods adopted to provide evidence in Andhra Pradesh were producing
birth certificates as well as sterilization certificates including certificates of failed
sterilization. There were also cases of desertion of the wives. In Orissa the desire to
13
contest a complaint was less as the people were poorer and could not afford prolonged
litigation. However there were cases where the representative provided documents to
prove that the complaint was ill founded.
In Madhya Pradesh too those disqualified or facing disqualification used several tactics to
avoid the proceedings ranging from expressing ignorance about the norm to pushing the
date(s) of their/spouses’ conception either by themselves/spouse prior to the cut-off date,
for this, they used Anganwadi/ANM records and ration cards. Some had given their
children in adoption to relatives.. In one case the couple planned to divorce each other to
avoid disqualification.
CONCLUSION
There is an overwhelming opinion among key actors like policy makers and
implementers, lawyers and NGO workers that the Two Child Norm law is necessary to
reduce family size, population growth rate and give an impetus to development. The
courts have also accepted the desirability of ’"Population Control" and this Norm as a.
means to this end, noting population as a major problem, citing limited resources and that
population explosion is one of the major problems India is facing today'. But we find no
evidence to show that the law is motivating the panchayat leaders to adopt smaller
families and other to follow it as assumed by its promoters. In any case this norm has no
connection with the duties of a panchayat representative4.
Overall a large proportion (76%) of the disqualified representatives in our study were
practicing contraception. But this had little to do with their preference of. family size.
When it was a choice between leadership or family size, especially if it related to a son,
the desire for a child won in many case. While a number of respondents stated that they
came to know about the law when the proceedings started, knowledge of the law did not
motivate individuals for not having the third or additional child after being elected.
14
. ■ TL
kJ d‘
Experiences of Panchavat representatives facing disqualification
A total of 136 panchayat representatives facing disqualification were respondents in our
study. All of them were interviewed and forty-three case studies were prepared. The
picture emerging from these interviews showed that: -
•
Women form 41 percent of the respondents while the overall proportion of
women in panchayats is a little over a third of the members.
•
The weaker sections of Scheduled castes, tribes and backward castes form an
overwhelming 80% of the respondents. The same trend was seen in the total
number affected by this law in M.P. till March 2004 with 72% from these groups.
•
Roughly 50% have an annual income of less than Rs. 20,000.
Most representatives were also in the age bracket of 21 to 49 years. Rn overwhelmingly
large number (95%) of the representatives were from the village level that generally have
lower educational and income levels than at the block and district level. The proportion
of sarpanch were higher than that of panches (49% to 46%) ostensibly because they are
seen as exercising more powers and hence a higher target for political moves for ouster.
Overall the representatives facing disqualification were young (21-49 years), poor,
predominantly from the backward castes and had a higher representation of women than
the overall proportion of women representatives in panchayats. (
We also made detailed case studies of forty-three representatives who faced
disqualifications. The findings from these case studies and the interviews are summarized
below.
Contraceptive uSe and Family Planning The main objective of the two-child norm is to
promote contraception so that more couples have smaller families. Most (80%) of the
^affected representatives were aware of the importance of small families, and over a half
(53%) had adopted permanent methods. But this was after they had reached their desired
family size which was higher than two and included at least one or two sons. Roughly a
fourth (23%) of the respondents were practicing some form of contraception. In eleven
8
cases abortion had been induced and in four pre-natal sex determination had been done.
Among the states, of the 23 Panchayat representatives interviewed in AP, the majority of
those disqualified (15 out of 17) claimed to have adopted permanent means but only after
they had obtained their desired family size. Most of the respondents were aware both of
family planning methods and of the advantages of a small family. Their decision to go in
for sterilization, they claimed, had no connection with their opting to contest the election.
On the other hand, in the sample of twenty affected panchayat representatives in Madhya
Pradesh, only twelve were aware of family planning methods. Among them eight were
practicing some form of contraception.
It was seen that families tried to show a reduced number of children to show compliance
of the norm. Thus a 35 year old sarpanch from the backward potter caste in Nalgonda had
four children from two wives but insisted that he was not violating the norm as he had
left his second wife, the mother-of two of his children though she was living in the same
village - a case of deliberate disowning of the wife and children. Another 40 year old
cobbler SC sarpanch in the same district sent his wife away to -her parents home when
she became pregnant for the third time and a complaint was made in this matter but then
dropped when a dalit organisation threatened to expose cases of violation by other
influential persons. He then quietly married a second time.
Mitwa2 the most educated OBC woman in her family was selected as a pradhan of a
panchayatsamiti in Rajasthan in 1995-. She did not want the third child, a second" son. but
her husband did. She had three abortions after the election. As a lactating mother, she
could not openly feed her undeclared child or take it to meetings. She continued until
1998, when she was disqualified for violation of this law. Her experience of complaints
and litigation has made her bitter and disillusioned.
The wife of Mangatram, sarpanch of a Gram Panchayat in Morena District in M.P. gave
birth to a third child in November 2001. He maintained that the child could not be his as
his wife was away at her parents' home in Uttar Pradesh since November 1999. He
9
requested the ADM for permission to divorce his wife on grounds ot adultery (as
reported in Hindi Daily Nov Bharat, Bhopal edition dated 16th April 2002)
A thirty years old well placed Rajput sarpanch from Sawai Madhopur District had one
son and two daughters. She had her fourth child when she was the sarpanch. The family
wanted one more son since one son is equal to only one eye. She had taken admission tor
delivery in the hospital in her sister-in-law's name. She also left the female infant behind
in town to avoid detection where it died at the age of six months allegedly of Tickets’. So
the complaint case against her got dropped. Her husband also has a second wite. a nurse,
who has two children.
Maheshwari underwent an abortion because she wanted to stand tor the post ot sarpanch
in the Panchayat elections of August 2001. She lost the election. Later, her two-year-old
son died when he accidentally drank kerosene. She denied the tact ot abortion, perhaps
fearing an enquiry. She was pregnant again at the time ot our survey.
Twenty-six years old Menka, scheduled tribe sarpanch in Angul District ot Orissa had
three daughters, one of them born after the cut-otf date. She had not used any
contraceptives or gone for sterilization, as she wanted a son. During the third pregnancy,
she went for sex determination test and the doctor told her that she was carrying a son.
However the child turned out to be a girl - 'if I had known, I would have aborted. Now 1
have lost my position and there is no son' that was all she could say. She tried to prevent
her disqualification by getting a certificate that her child was-that ot her sister.
There were others who went ahead and had more children despite the two child norm
because of theirown reasons.
Rachna a 35 years old, illiterate scheduled caste sarpanch from Faridabad District was a
wage labour. Her illiterate husband worked as a mason. She contested the panchayat
election in 2000 and was elected from a seat reserved for scheduled caste. She gave birth
to her' eighth child whet* she was holding the post of sarpanch. Vvhen she received the
10
disqualification notice she did not contest it. She said, what anger can a poor person
show? It does not matter if the sarpanch post has gone. I was working as wage labourer
before, .So do I now.'
Rama a tribal sarpanch in Betul in MP has six children through three wives. The last,
child, a boy, was bom in February 2001 When asked about the Two Child Norm, he took
this very lightly and said that he had heard about it from the panchayat secretary. When
informed that he was subject to disqualification because of his son he replied: 'The
sarpanch's post is not going to support me during my old age, but my son will. It does not
really matter if I lose the post of sarpanch." At the time ot our study there were a number
of such cases of violation ot the Norm but no action had been initiated.
A number of these representatives have been disqualified in this district now in 2004
almost as a special drive but the response of the representatives opting for old age
security in a son and concern for child survival were seen unchanged. Sarupi, the 30 year,
old, the illiterate panch, who had gone for terminal method after her tive children and
was saved from the law due to the birth of the youngest child before 2001 said on the
notice received by her GP sarpanch, "we produce more children so that even if we lose
one or two, some will survive for old age security”.
Radha, a 30 year old scheduled caste woman was elected panch in 1997. During her
fourth pregnancy, when she was already a panch, she undertook a sex determination test
" and was told that it vJhs a female: she had an abortion. In her next pregnancy, she had the
test done again and learnt that it was male: she continued the pregnancy and delivered her
fourth child, a son and hence faced removal from the post. For her having a boy was
more important lhan the political post.
Similar stories were found in all the states.
Bila. a 36 year old SC sarpanch in MP took his wife in an advanced stage of pregnancy for
abortion to save his post. Only the firm refusal of the doctors due to risk to the woman s lite
11
saved her. it, of course, meant loss of his panchayat post.
Complaints and disquaiification: It was reported that those who had money or influence
also succeeded in delaying or influencing the inquiry and prolonging the court
proceedings to continue in their posts despite violating the norm. Among the twenty
representatives interviewed from the districts of Ajmer and Alwar in Rajasthan, 7 had
been disqualified, 2 exonerated and 11 had the enquiry pending. But there were instances
of cases of violation not reported or when reported duly supported by appropriate
documents went unheard. Ramlal who had contested against Mukesh for the post of
sarpanch in Sawai Madhopur District had raised the issue of Mukesh’s four children.
Ramlal had filed an election petition with supporting documents including Anganwadi
record, birth-death register, immunization record and ration card but reportedly no action
had been taken against Mukesh and he won the election. In another case, the Pramukh as
well as the members of Zila Parishad knew about the violation of the norm by a Zila
Parishad member from Mina caste, but they were afraid to speak out because he came
from a dominant caste and belonged to the party in power.
As action is taken only on complaints there were cases of the two child norm being used
to settle political scores. Among the ten case studies in Andhra Pradesh the complaints
were politically motivated in three cases. In two cases these representatives had held
office earlier and the norm had been violated in their earlier term without any complaint
having been made. In the third case the complaint was false because the third child was
born before the cut off date-pointing towards the misuse of the norm. A young OBC-.
female sarpanch elected to this reserved seat after five decades of one party in power
faced psychological harassment including throwing chilly powder on her face. When that
ended in compromise on police intervention, the two child law was being used to harass
her though her youngest child was bom before the legal cut off date. All three cases were
from the backward castes, and two were women. Interestingly in all three cases the
couples had adopted the permanent method of contraception before the election in which
their disqualification was sought.
1
In Haryana we came across disqualified representatives who were certain that the
complaint against them was politically motivated because there were other panchayat
members who had violated the norm but no complaints had been made against them.
Some disqualified representatives had contested the elections because they did not know
of the norm and claimed that they would not have contested had they known the law.
Hoshiar, an OBC panch in Ambala was unanimously elected as the community had
agreed that the issue of his four children would not be raised. But when he went with
other members to remove encroachments on panchayat land, the opposite party
complained. He admitted and was disqualified.
Circumventing the law: Representatives who faced complaints with regard to the norm
used many strategies to deny the birth of a child, hidden and misreported children or even
tampered with or provided contrary document. In Rajasthan the study team came across a
variety ot methods that had been used and sometimes successfully too. In one case the
child’s horoscope, details on the ration card and school records.were provided as proof
but even then it didn't work. In another case ANM's records had been tampered. In a third
case the doctors certified that the child was not of the representative and in a fourth the
woman representative tried to hide her child among the other children in her joint family.
In one case the OBC sarpanch went for a sex-determination test and then went for an
induced abortion to avoid disqualification.
In Haryana the study team came across different strategies to avoid disqualification. The
common practice in Gurgaon District was to obtain'stay orders from a higher authority
and then continue for a long time. In fact the disqualified representatives from here were
in the forefront of the cases in which the Supreme Court finally decided about the legality
of the Two Child Norm law for panchayats in 2003. There were also instances of giving
the disputed children in adoption to near relatives and some with adoption deeds.
The different methods adopted to provide evidence in Andhra Pradesh were producing
birth certificates as well as sterilization certificates including certificates of failed
sterilization. There were also cases of desertion of the wives. In Orissa the desire to
13
contest a complaint was less as the people were poorer and could not afford prolonged
litigation. However there were cases where the representative provided documents to
prove that the complaint was ill founded.
In Madhya Pradesh too those disqualified or facing disqualification used several tactics to
avoid the proceedings ranging from expressing ignorance about the norm to pushing the
date(s) of their/spouses’ conception either by themselves/spouse prior to the cut-off date,
for this, they used Anganwadi/ANM records and ration cards. Some had given their
children in adoption to relatives. In one case the couple planned to divorce each other to
avoid disqualification.
CONCLUSION
There is an overwhelming opinion among key actors like policy makers and
implementors, lawyers and NGO workers that the Two Child Norm law is necessary to
reduce family size, population growth rate and give an impetus to development. The
courts have also accepted the desirability of “Population Control" and this Norm as a.
means to this end, noting population as a major problem, citing limited resources and that
population explosion is one of the major problems India is facing today'. But we find no
evidence to show that the law is motivating the panchayat leaders to adopt smaller
families and other to follow it as assumed by its promoters. In any case this norm has no
connection with the duties of a panchayat representative4.
Overall a large proportion (76%) of the disqualified representatives in our study were
practicing contraception. But this had little to do with their preference of family size.
When it was a choice between leadership or family size, especially if it related to a son,
the desire for a child won in many case. While a number of respondents stated that they
came to know about the law when the proceedings started, knowledge of the law did not
motivate individuals for not having the third or additional child after being elected.
14
PREPARED BY SAMA
NATIONAL POPULATION POLICY - A Criticism
•
•
•
•
•
•
•
•
•
•
Completely ignores important issues like food, health, income etc. and rests only on
poverty and non-development. It should focus more on social development and than
economic.
Does not talk of primary health and birth control at all. Gives no attention to high
infant and maternal mortality rate due to contagious diseases. Makes no mention of
whether a woman has any role in taking care of her own health.
Panchayati Raj organisations have no role in it not even in important functions like
planning, monitoring and taking financial decisions.
Though the policy claims it aims at empowerment of women, it is extremely
discriminatory towards them. They are termed as the chief functionary of the
Panchayat bodies, but are kept away from the responsibilities of planning and decision
making.
It pays no attention to increasing privatisation. More and more health services are
being privatised, even as a major part of the population is still below the poverty line.
How are these people expected to avail of these services which are getting costlier by
the day?
Aims at conducting 80% deliveries in hospitals by 2016. But how? When there are no
hospitals for several kms between villages. This target of hospitalised deliveries has also
led to the dying down of the tradition of 'midwives'. In absence of proper health care
facilities in villages, these midwives played a much more important and sensitive role
than the professional doctors and nurses of city hospitals.
It rewards women who have their first child after 21 years. As if men have no role in it.
Claims it does not promote targets and rewards but very clearly sets targets for itself
and rewards panchayats for good performance.
Women health and violence are strongly interrelated. Not just domestic violence but
things like the use of untested contraceptives, unsafe abortions, forced removal of the
unterus etc. These effect not just women but also children very strongly. But the NPP
says nothing about it.
Says nothing about the mental health of women.
Population : Myths and Facts
Myth: Increasing population the reason behind increasing poverty. Low population growth
the first step towards development.
Fact: In 1998, China's population was 126 million and its GNP $750. India's GNP on the
other hand was $440, while its population even in 2000 was only 1 million.
Even in Indian context, both Madhya Pradesh and Andhra Pradesh had an almost
equivalent population in 1998 (78 lakh and 73 lakh). Yet MP's per person state GDP was
only Rs 8,114, while Andhra Pradesh had a state GDP of 10,590.
Quite clearly, development and population growth have no relation. Development depends
on how effectively the state has invested in the interests of the people and how secure the
people feel in their country's growth.
Myth: India's population grew faster then its agricultural production after Independence.
Fact: India's population grew a little less than thrice while its foodgrain production increased
more then four times. The reason behind continuing poverty today, is not insufficient
production but inadequate distribution of resources.
Myth: Rapid increase in birth rate after Independence, is the main reason for unchecked
population growth.
Fact: On the contrary there was absolutely no growth in birth rate. And the mortality rate
went down due to better health care facilities and nutrition. In fact, every country passes
through this phase when the birth rate is high and the mortality rate falls rapidly. Then
comes a time when both the mortality rate and birth rate start receding. Some Indian states
like Goa, Kerala and Tamil Nadu have reached this phase.
Myth: Population explosion is the main reason behind all social problems like
environmental pollution, unemployment, increasing traffic etc.
Fact: The only reason for all these problems is the unequal distribution of resources. When
all the wealth and resources get concentrated in a handful of people who try and accumulate
the comforts of the world for themselves there are bound to be problems for the rest of the
people.
CASE STUDIES
Third Child Illegitimate
Jagram Kori, sarpanch of Panchayat Khirenta in Murena district in MP, had to resign on
January 26, 2001 for having a third child. Kori protested his removal saying some jealous
villagers had miscommunicated the information. He even wrote to the SDM Tehsil Ambah,
that he had no relations with his wife Pushpa since she was staying with her parents in Uttar
Pradesh since November 5, 1999. Claiming that his wife had cheated him and that the child
was illegitimate, he divorced his wife.
First victim of the law - An OBC-Woman Sarpanch
Shashi Yadav, sarpanch of Panchayat Kanavati in Neemuch district in MP, had to resign on
January 26, 2001 for having a third child a son after 2 daughters. Shashi says she was
unaware of the new law and that she went for a third child under pressure from her husband
and family. Shashi says she does not feel having a third child is a crime because women in
traditional Indian families have little say in having children.
Gave Away Third Child for Adoption
Sudama Saryam, sarpanch of Panchayat Palatbara in Chhindwara district in MP, and her
husband Basant, gave away their third child born on November 18, 2001 for adoption.
Sudama says she had conceived much before the new law came into existence and she was
not in favour of foeticide. Hence they gave the away the child for adoption. Basant says they
wanted a son and hence went in for a third child. But when the third child was also a girl
they gave her for adoption.
f\lp
6-3
Testimonies
Orissa, BGVS/PHA
To shicdelhi @ vsnl.net
To abhijit @ u.washington.edu
To hrlndel@ vsnl.net_______
Si. No.
Detailed________ _
Case in brief______
01
Name of the Village
Godida
Sterilization failure. 3rd child borne.
Name of the women
Charulata Sahu
Green card facilities denied.
Father/Husband name
Banamber Sahu
Age_________________
30
Educational status_____
Nonliterate
Marital status_________
Married
Marital condition______
Good
Year of marriage______
15 years
*
No. of female child
*
No. of male child______
Age/month of the last
3 years
child________________
Whether given free
yes
consent to be interviewed
02
03
Name of the Village
Name of the women
Father/Husband name
Age
__________
Educational status_____
Marital status_________
Marital condition______
Year of marriage______
No, of female child
No. of male child______
Age/month of the last
child________________
Whether given free
consent to be interviewed
Garama
Mania Bhoi
Bipin Bhoi
24
Illiterate
Married
Good
8 years
2
*
Name of the Village
Name of the women
Father/Husband name
Age______________
Educational status
Marital status_______
Marital condition
Year of marriage
No. of female child
Garama
Pratima Bhoi
Prasant Bhoi
24
Literate
Married
Bad
5 years
1
Sterilization not conducted in the
pretext of prevalence of other internal
disorder with the women. Medical
personnel do not entertain. Clams
money, as they would be taking the
risk. Third child borne. Deprived
from the benefits of the green card.
7 months
Yes
Sterilization not possible as doctors
returned the patient 4 times. Local
hospital not equipped with necessary
infrastructure. Doctor insists for
supply of kits by patient to make it
happen.
04
05
06
No. of male child______
Age/month of the last
child
Whether given free
consent to be interviewed
Name of the Village
Name of the women
Father/Husband name
Age_________________
Educational status______
Marital status
Marital condition_______
Year of marriage_______
No. of female child_____
No. of male child
Age/month of the last
child_________________
Whether given free
consent to be interviewed
Name of the Village
Name of the women
Father/Husband name
Age_________________
Educational status_____
Marital status_________
Marital condition______
Year of marriage______
No. of female child
No. of male child______
Age/month of the last
child________________
Whether given free
consent to be interviewed
Name of the Village
Name of the women
Father/Husband name
Age____________ _
Educational status
Marital status_______
Marital condition
Year of marriage
No. of female child
No. of male child
Age/month of the last
child
1__
1 year
yes
Tarasahi
Approached for sterilization. Doctors
Swamalata Behera denied and consumed time. Then
Ramesh Behera
found Problem in menstruation.
35
Menstruation stopped. Women
Class-II
conceived. PHC and CHC denied for
abortion. The next child came.
Married
_____ Good_____
12 years
3_______
_______ 1_______
2
yes
Paschimadia
Lochana Behera
Rabi Behera
35
Non literate
Married
Good
19 years
4
1
2
Nov.-2001
Sterilization unsuccessful.
Menstruation stopped.
ANM says it is usual. Woman
becomes pregnant. Approached for
abortion. Doctor demands Rs. 1000/
for that. Advice to again come so that
they can do the same after the 3rd
child.
yes
2001 -Nov.
Paschmadia
Sterilization done in camp.
Kumari Behera
Dec-2001 menstruation stopped
Kartik Behera
ANM says - it is usual!!
35
After 4 months approached to the
doctor.
Class-II
Doctor says it is a 5 months
Married
pregnancy case. Too late and riskful
Good
for abortion. The woman gave birth to
12 years
*
a 3 child. Now she is used to take
contraceptives (oral pills) for
3
~
■
prevention.
2
LZl
J
Whether given free
consent to be interviewed
Yes
( * ) Data unexhibited
Mr. Gourang Mohapatra
Mr. Blorin Mohanty
BGVS - Orissa
Contact Tel. No. - Mr. G.Mohapatra - 094370 36305 (m)
Mr. B. Mohanty - 094371 11204 (m)
BGVS-Orissa
0674 2550891 (o)
f\/ p - G »| 0
HEALTHWATCH UP BIHAR
Strengthening Women’s Health And Rights Related Advocacy
In Uttar Pradesh, Uttaranchal, Bihar And Jharkhand
HealthWatch Uttar Pradesh-Bihar is a group of NGOs and individuals formed in 1996 with the
concern that UP and Bihar need more focused attention to monitor the situation of women's
health. It is engaged in advocacy and monitoring of programmes and policies to ensure that health
and population policies actively promote women's reproductive health and rights. It takes its
mandate from the Program of Action of the 1994 International Conference in Population and
Development and other relevant international agreements as well as national guarantees enshrined
in the constitution that call on our governments achieve these objectives. Specifically, we seek to
translate the language of these documents into practical, operational and measurable changes in
policy and program within and across the areas of family planning, maternal health and gender
violence, and to advocate for policies that promote women's rights and autonomy. The network is
currently directed by a 15 member Core Group and has a Secretariat that is hosted by SAHAYOG
at Lucknow.
OBJECTIVES of HWUPB
To increase understanding and information on reproductive health and rights at the
community level by working through social organisations, NGOs, academicians,
media persons and activists
❖ To facilitate the demand for quality health services from the community
❖ To monitor government and donors and establish a dialogue for health programme
implementation based on community needs
Within the last eight years HWUPB as a network committed to a women’s health and rights
approach has mobilised support and solidarity from women organizations, media persons,
activists, academicians and NGOs in the four states of Uttar Pradesh, Bihar, Uttaranchal and
Jharkhand.
Activities include campaigns, studies, case-documentation, information dissemination, meetings
■ and workshops for advocacy with different actors at different levels, legislative and judicial
advocacy, working with other alliances and networks, and working with the media. Some
materials include
> Study on the quality of care at ten Camps for Sterilisation Operations in Uttar Pradesh
> Documentation in 1998-99 of the post-ICPD implementation of the Family Welfare
programme in Uttar Pradesh called Voices From the Ground
> Priorities of the People: People, Population Policies and Women's health - A study of the
Quality of Care of the Family Welfare programme in 2000-2001 including a People’s
Opinion on the UP government’s new population policy
> The State of Health in UP Challenges for the New Millenium 2001 produced with the
People’s Health Movement
> A Hindi newsletter on advocacy for women’s health and rights called SWAASTHYA
PRAHARI
> Sankshipt Suchana Patra- A Briefing Kit of Hindi translations of the National and
International commitments of the Government of India relating to Women’s Health and
Rights
1
HEALTHWATCH UP BIHAR
Strengthening Women’s Health And Rights Related Advocacy
In Uttar Pradesh^ Uttaranchal, Bihar And Jharkhand
HealthWatch Uttar Pradesh-Bihar is a group of NGOs and individuals formed in 1996 with the
concern that UP and Bihar need more focused attention to monitor the situation of women's
health. It is engaged in advocacy and monitoring of programmes and policies to ensure that health
and population policies actively promote women's reproductive health and rights. It takes its
mandate from the Program of Action of the 1994 International Conference in Population and
Development and other relevant international agreements as well as national guarantees enshrined
in the constitution that call on our governments achieve these objectives. Specifically, we seek to
translate the language of these documents into practical, operational and measurable changes in
policy and program within and across the areas of family planning, maternal health and gender
violence, and to advocate for policies that promote women's rights and autonomy. The network is
currently directed by a 15 member-Core Group and has a Secretariat that is hosted by SAHAYOG
at Lucknow.
OBJECTIVES of HWUPB
♦♦♦
To increase understanding and information on reproductive health and rights at the
community level by working through social organisations, NGOs, academicians,
media persons and activists
To facilitate the demand for quality health services from the community
To monitor government and donors and establish a dialogue for health programme
implementation based on community needs
Within the last eight years HWUPB as a network committed to a women’s health and rights
approach has mobilised support and solidarity from women organizations, media persons,
activists, academicians and NGOs in the four states of Uttar Pradesh, Bihar, Uttaranchal and
Jharkhand.
Activities include campaigns, studies, case-documentation, information dissemination, meetings
and workshops for advocacy with different actors at different levels, legislative and judicial
advocacy, working with other alliances and networks, and working with the media. Some
materials include
> Study on the quality of care at ten Camps for Sterilisation Operations in Uttar Pradesh
> Documentation in 1998-99 of the post-ICPD implementation of the Family Welfare
programme in Uttar Pradesh called Voices From the Ground
> Priorities of the People: People, Population Policies and Women’s health - A study of the
Quality of Care of the Family Welfare programme in 2000-2001 including a People’s
Opinion on the UP government’s new population policy
> The State of Health in UP Challenges for the New Millenium 2001 produced with the
People’s Health Movement
> A Hindi newsletter on advocacy for women’s health and rights called SWAASTHYA
PRAHARI
> Sankshipt Suchana Patra- A Briefing Kit of Hindi translations of the National and
International commitments of the Government of India relating to Women’s Health and
Rights
1
rx/p- 6 Jo
HEALTHWATCH UP BIHAR
Strengthening Women’s Health And Rights Related Advocacy
In Uttar Pradesh, Uttaranchal, Bihar And Jharkhand
HealthWatch Uttar Pradesh-Bihar is a group of NGOs and individuals formed in 1996 with the
concern that UP and Bihar need more focused attention to monitor the situation of women's
health. It is engaged in advocacy and monitoring of programmes and policies to ensure that health
and population policies actively promote women's reproductive health and rights. It takes its
mandate from the Program of Action of the 1994 International Conference in Population and
Development and other relevant international agreements as well as national guarantees enshrined
in the constitution that call on our governments achieve these objectives. Specifically, we seek to
translate the language of these documents into practical, operational and measurable changes in
policy and program within and across the areas of family planning, maternal health and gender
violence, and to advocate for policies that promote women's rights and autonomy. The network is
currently directed by a 15 member-Core Group and has a Secretariat that is hosted by SAHAYOG
at Lucknow.
OBJECTIVES of HWUPB
To increase understanding and information on reproductive health and rights at the
community level by working through social organisations, NGOs, academicians,
media persons and activists
To facilitate the demand for quality health services from the community
To monitor government and donors and establish a dialogue for health programme
implementation based on community needs
Within the last eight years HWUPB as a network committed to a women’s health and rights
approach has mobilised support and solidarity from women organizations, media persons,
activists, academicians and NGOs in the four states of Uttar Pradesh, Bihar, Uttaranchal and
Jharkhand.
Activities include campaigns, studies, case-documentation, information dissemination, meetings
and workshops for advocacy with different actors at different levels, legislative and judicial
advocacy, working with other alliances and networks, and working with the media. Some
materials include
> Study on the quality of care at ten Camps for Sterilisation Operations in Uttar Pradesh
> Documentation in 1998-99 of the post-ICPD implementation of the Family Welfare
programme in Uttar Pradesh called Voices From the Ground
> Priorities of the People: People, Population Policies and Women's health - A study of the
Quality of Care of the Family Welfare programme in 2000-2001 including a People’s
Opinion on the UP government’s new population policy
> The State of Health in UP Challenges for the New Millenium 2001 produced with the
People’s Health Movement
> A Hindi newsletter on advocacy for women’s health and rights called SWAASTHYA
PRAHARI
> Sankshipt Suchana Patra- A Briefing Kit of Hindi translations of the National and
International commitments of the Government of India relating to Women’s Health and
Rights
i
State of Andhra Pradesh - India
The Andhra Pradesh State Population Policy links population stabilization to
improvements in standards of living and quality of life of the people. It states that
production of food may not keep pace with growing population. The demographic
goals as stated in the policy include: > Reduce the natural growth rate from 1.44 in 1996 to 0.80 in 2010 & 0.70
by 2020,
r* Reduce in Child Birth Rate from 22.7 in 1996 to 15.0 by 2010 and 13.0
by 2020,
Reduce the Child Death Rate from 8.3 in 1996 to 7.0 in 2010 and 6.0 by
2020,
> Reduce die Infant Mortality Rate from 66.0 in 1996 to 30.0 in 2010 and
15.0 by 2020,
> Reduce die Maternal Mortality Rate from 3.8 in 1996 to 1.2 by 2010 and
0.5 by 2020,
> Reduce the Total Fertility Rate from 2.7 in 1996 to 1.5 by 2020,
> Increase couple Protection rate from 48.8% in 1996 to 70% in 2010 and 75% by
2020.
These objectives are to be attained by: -
> Promotion of spacing, terminal and male contraceptive methods,
> Increasing the coverage of pregnant women for TT inoculation and
provision of IFA tablets,
> Increasing the number of trained and institutional deliveries.
Strengthening of referral systems and equity in accessibility of services,
> Eradicating Polio, measles and neonatal tetanus by 1998,
Reducing diahorrea deaths, deaths due to ARI’s and incidence of low
birth weight babies,
> Increasing female literacy levels, increasing the median age at marriage
for girls and reduction in severe and moderate malnutrition among
children,
Reduce the incidence of child labor.
The document explicitly suggests the use of lure, threat, incentives and
disincentives: > Community level, performance in RCH and rates of couple protection
will determine the construction of school buildings public works and
funding for rural development programmes.
1
**
•
Case — 1. Among the states, 23 Panchayat representativesfrom AP were interviewed,
•
Majorly of them was disqualified and claimed to have adoptedpermanent means only after they
had obtained their desiredfamily si^e.
Programmes in RCH are also to be made the criterion for full coverage
under programmes like TRYSEM, weaker section housing scheme and
Low Cost sanitation Scheme,
Funding for programmes under the DWCRA and other social groups
will be dependent on RCH performance,
At the individual level, cash prizes will be awarded to couples adopting
terminal methods of family planning,
> Allotment of surplus agricultural land, housing sites as well as benefits
under IRDP SC Action Plan, BC action Plan to be given in preference to .
acceptors of terminal methods of contraception,
Special health insurance schemes for acceptors of terminal methods of
family planning,
> An award of Rs 10,000 each to 3 couples to be selected from every
district on the basis of a lucky dip: - a) 3 couples per district with two girl
child adopting permanent methods of family planning, b) 3 couples per
district with one child adopting permanent methods, c) 3 couples per
district with two or less children adopting vasectomy.
•
•
Case — 2. A 35year old Sarpanch from the backward potter caste in Nalgonda hadfour
childrenfrom two wives,
He insisted of not violating the norm as he left his second wife, the mother of two children,
She too was staying in the same village,
•
A case of deliberate disowning ofthe wife and children.
•
The document mentions the need for involvement of people’s representative’s
religious leaders, professional social bodies, chambers of industry and Commerce,
youth, women and film actors and actresses.
Source: 1. Case — 1, is taken from the exploratory study conducted by the Mahila Chetna
Manch (2001 — 2002) in five states,
2. Case — 2, is taken from the exploratory study conducted by the Mahila Chetna
Manch (2001 — 2002) in five states,
2
r\j
State of Bihar - India
The State of Bihar, is one of the poorest State in India where the health services are
in shambles. The state Population Policy is an amalgamation of the old CSSM
programs and family welfare programs that were merged with the new principles
of the International Conference on Population and Development (ICPD)
convention 1994 and later with the National Population Policy (NPP) 2000. The
Department of Health in Bihar has failed to deliver the needed services of
Reproductive and Child Health (RCH). In the last ten years the birth rate showed
that the community either didn't plan nor any health personnel provide them with
quality services as claimed in the RCH scheme. The poor people of the State had to
pay for medicines and surgical systems even in Government hospitals. The follow
up of such contraceptive cases was not given anywhere, though there is protection
under the consumer law for services rendered by medical professionals. But hardly
anybody took the trouble off complaining before appropriate consumer forums.
The Government authorities never entertained such complaints and they fell on
deaf ears. The callous attitude of the Government, health personnel's and the
absolute unchaining of services and equipment's in the state are responsible for the
public distrust on the Government and its health services.
Testimonies of failed operations that lead to other complications
1. Case - 1. Geeta Kumari a married woman from Patna underwent an abortion and
tubectomy by the Mary Stoves Clinic in Paina in the month of December 2002.
After the operation she developed septic infection & blood clotting in the uterus.
An ultrasound was conducted and medications were provided for relief. On May
15, 2004 she expected menstruation to take place, which didn’t She again got
pregnant and visits PMCH Patna She aborted the child in the second phase of
pregnancy and once again underwent tuhectomy in PMCH in the month of
August The treatment is continuing.
2. Case - 2. Somi Gupta a married woman from Paina underwent the tubectomy
operation just after delivery of her child in the year 1989. The child died within a
month. In the year 1996, she conceived and she aborted In the year 2001, she
again conceived, she once again underwent abortion and tubectomy in the first
phase ofpregnancy. Now she got her menopause.
3. Case - 3JCusum Devi a married woman from Jehanabad underwent tubectomy in
the year 1995 after having three children. She conceived twice-giving birth to two
more daughters after the tubectomy operation. Once again in the year 2000 she
underwent a tubectomy operation.
State of Madhya Pradesh - India
The central state of Madhya Pradesh in India stresses the need to curb high fertility and
mortahty in its State Population Policy. The policy document mentions the process of
democratic decentralization underway in the state and speaks of the need to change the
thrust of family welfare from female sterilization to include raising the age at marriage for
women, provision of RCH services etc. The specific objective objectives are:
1. Reducing total Fertility Rates from 4 in 1997 to 2.1 in 2011,
2. Increase
contraceptive and sterilization
services, also increase
the age of
mother at the birth of her first child to 20 years by 2011 through greater registration of pregnant
women,
3. Reduction in IMR through increases in immunization, use of Oral Rehydration Solution (ORS)
therapies for diahorrea in rural areas,
4. Reduction in incidence of Acute Respiratory Infections (ARI’s), coverage of pregnant women
and children with Vitamin A, Iron and Folic Acid (IFA) tablets,
5. Increase in the levels of HIV testing and services for infertile couples,
6. Universalizing access to primary education by 2005 for 30% of girls in the age group of 14 — 15
years.
Strategies advocated by the policy documents are
1. Make men realize their responsibility to empower women,
2. Strengthening local women’s group, reducing the burden of housework and drudgery on women
by providing cooking gas connections and electricity to rural households.
3. Reservation of 30% of government jobs for women.
Policies of lure, threat, incentives and disincentives
1. Debar people from government jobs, who marry before the permissible legal age limit.
2. People having more then two-children are debarred from contesting elections,
3. Provision of rural development in villages depends upon the level of family planning
performance by Panchayats,
4. Performance of Panchayats in family planning programs is linked to the starting of income
generating schemes for women and poverty alleviation programs.
N P "6-
State of Uttar Pradesh (UP) - India
The northern state of Uttar Pradesh in India links the growth of population as a
pressure on natural resources in its State Population Policy. The state declares its
inability to improve the quality of life of the people as a result of the growth in
population pressure. The state lists some important issues of gender and child
development in the attempt to stabilise population growth. The specific objectives are:
The need to reduce Total Fertility rates from 4.3 in 1997 to 2.6 by
the year 2011 to 2016,
> Increase the average age of the mother at the birth of her first child,
Reduction in unmet need for both spacing and terminal methods,
Reduction in Maternal Mortality Rate (MMR) from 707/1000,000
live births in 1997 to 394 by 2010 and below 250 by 2016,
> Reduction in Infant Mortality from 85/1000 live births in 1997 to 67
by 2016,
Case — 1, Sudha Singh, age 27, 6-weeks pregnant underwent an abortion
and sterilization on the 23 of May 2003. She developed complications and
visited the hospital the next day informing the nurse ofher condition,
• The nurse after a preliminary check up gave her some medication, but she had
no relief The doctor advised her to undergo another operation. On the T of
June 2003, she underwent her second operation. 8 days after the operation
Sudha becomes setzseless and dies on the o of/une 2003.
•
> Reduction in incidence of Sexually Transmitted Diseases (STDs) and
Reproductive Tract Infections (RTIs)
To increase the awareness of AIDS.
Source: - Case - 3 = Identified by Savita Misra, Health Watch UP-Bihar
1
The policy lists a number of incentives and disincentives to reach its goals:
Disqualify people violating the legal age of marriage from eligibility of
government jobs
> Performance based disbursement of 10 percent of the total financial
resources for PRIs.
> The PRI’s are to be entirely responsible for advocacy, identification
of contraceptive needs and recording of vital events,
•
•
•
Case - 2, Bitti, age 32, mother of5 children from the village ofMaarkundi
gets her first appointment on 23rd September at a sterilization camp
organized at the Community Health Centre ofmanikpur. The doctor calls her
to the operation theatre initially,
The doctor cuts the wrong vein & her condition detoriates due to continuous
bleeding. She was taken to Allahabad where her condition improved, after
receiving a bottle ofblood donated by her husband. She was refused treatment
at Allahabad,
Bitti was asked to report at the Community Health Centre for an operation
inspite ofbeing in a bad state. Later the doctor's statement proved wrong.
Performance of medical officers and health workers is to be based on
their performance of RCH services,
The document calls for active dialogue with the GOI for wider
availability of injectible and new technologies through private,
government and commercial channels of the state.
Case — 3 Shimla Devi, age 35, mother of 5 children from the village of
Aidilpur was taken to the operation theatre without a pre check up. The
surgeon took halfan hour to find her vein. She vomited more than four times
post-operation and no health worker approached her.
• She narrated the episode to the local ANM, who gave her some medicines.
After 8 days her stitches were removed, which resulted in acute pain and
swelling. In Atraulia, the doctor stated that her internal stitches were
damaged and has to undergo another operation for Rs 500.
• Her condition gets complicated, she visited Shahganj, where an ultrasound
was conducted on her informing her of having hernia, and another doctor
repeated the same conclusion. She underwent operation on the 26'’ June 04
and received 14 stitches at a cost of Rs 5,000. She is awaiting compensation
from the health department.
The explicit commitment to charging user fees ostensibly to improve
the quality of services will place a further burden on the poor to pay
for the entire gamut of health services.
•
Source: - Case - 1 = Identified by VANANGNA, Chitrakoot,
Case - 2 = Identified by GRAMEEN PUNARNIRMAN SANSTHAN,
Bel lari, Azamgarh
2
6-iSHealthwatch UP-Bihar
Why India no longer needs to force its citizens to have smaller families
1. Population growth rates have slowed in the last SOyears
1.96% per year
2.22% per year
2.20% per year
2.14% per year
1,93% per year
1951-1961
1961-1971
1971-1981
1981-1991
1991-2001
The population growth rate has stopped increasing sharply.
The growth rate in India now is the slowest in the last fifty years
See graph below:
25
0.5
0 --
8
S
O)
2. People no longer have large families.
Average number of children for all married women (Tlfc) 1951- 6.0
Average number of children for all married women ( TFR) 2001 — 2.85
3. People no longer want large families, they want contraceptive information and
services which they are not being provided with.
Table showing unmet need for contraceptive services wanted and actual fertility in
different states
Health-watch UP-Bihar
______ State
India________
UP_________
Rajasthan
MP _______
Bihar_______
Orissa
Total fertility rate
2.85____________
3.99____________
3.78____________
3.31__________
3,49__________ '
2.46
Wanted fertility
2,13____________
2.83____________
2.57 ___________
2,40_______ _
2.58 ___________
1.90
^Unmet need for FP
15.8_____________
25.1 _____________
17,6_____________
16.2 _____________
24.5_____________
15.5
4. Why does India still appear to have a large and growing population?
India has a high proportion of young persons in the reproductive age group and even
when they have only one or two children per couple, the quantum increase is high
because the number of reproducing couples is high. Thus the birth rate is high though the
total fertility rate (TFR) is low. This is called population momentum. India is like an
express train which has just applied its brakes. The train is very heavy and because it is
moving very fast it takes time before it actually stops.
Sources - NFHS II, Census 2001, NPP 2000, MoHFW - UNFPA Briefing Kit on
Population Stabilisation.
pu p " (>■ i£>
Demography
HEALTH STATUS OF
RAJASTHAN
Prayas
B -8, Bapu Nagar, Senthi,
Chittorgarh 312 025
Rajasthan
(contd.)
165
76.62
49.6
71.8
64.4
Source: Census 2001
NFHS-II
Health indices of Rajasthan
(contd.)
Source: NFHS-II
82.3
52.0
Urban
Rural
922
890
932
Urban
Rural
909
886
914
M 76.46
M 87.10
M 72.96
F 44.34
F 65.42
F 37.74
a Juvenile sex ratio
Demography & infrastructure
■ % of children with anaemia
■ % of children with chronic
undernutrition
5,64,73122
2,93,81657
2,70,91465
a Sex Ratio
a Literacy rate
urban :
rural :
(Source: Census 2001)
■ Population density
■ Percent rural population
■ Percent with access to safe water
■ Percent with no toilet facility
■ Percent with access to electricity
MaleFemale
a Total Population
Health indices of Rajasthan
80.4
■ Infant mortality rate
114.9
■ Under five mortality rate
677
■ Maternal mortality rate
3.78
■ Total fertility rate
48.5
■ % of women with anaemia
■ % of women with severe anaemia 16.2
(contd.)
Status of health facilities
CHCs
■ State norm: A CHC for every 1 lakh population
Total rural population to CHC ratio 1,45,680
141 CHCs less than required
PHCs
■ In tribal 8i desert areas
Population to PHC ratio
153 PHCs less than required
■ In non-tribal areas
Population to PHC ratio
54 PHCs more than required
23708
27951
(Contd.)
1
Percentage of vacant posts
Sub Centres
■ In tribal & desert areas
Population to sub-centre ratio
4118
1793 sub-centres less than required
■In non-tribal areas
Population to sub-centre ratio
4586
421 sub centres more than required
>
■
■
■
■
■
■
MPW (M)
Gynaecologists
Paediatricians
Anaesthetists
Surgeons
Medical officers
Medical officers Dental
63.7
34.59
28.81
33.87
46.06
5.78
24.77
Health governance systems
■ The state does have an essential drug list but few
people are aware of it & it is hardly used. Over
medication is rampant.
« A set of standard treatment guidelines has been
recently prepared
■ User fees is charged at CHCs 8i higher level hospitals
under DMRS.
Health sector budget
■ Annual health budget in relation to GDP
1998- 1999
1999- 2000
2000- 2001
2001- 2002
2002- 2003
1.17%
1.12%
1.12%
1.12%
1.06%
■ There is no such provision (except the 'Right to
Information AcT) whereby the public can know what
drugs are available at the public health facility. People
are often denied medicines from the public health
facilities and have to spend huge amounts of money
on drugs.
■ There is no functional system for people to lodge
complaints regarding negligence/poor quality services.
Complaint boxes may be existing but they are usually
placed in such a way that the public does not know
about them.
■ Annual health budget in relation to total population
Rs. 158 per capita in 2002-03
Rs. 189 as per modified budget of 2004-05
■ Annual health budget for drugs
o A meagre 2.86% of total health budget was spent on
drugs in 2002-03
o Per capita population expenditure on drugs has been
abysmally low at
Rs.4.51 per capita in 2002-03
Rs.4.03 as per BE for 2004-05
(contd.)
2
Policy Matters
■ The state does not have a health policy
■ Neither is there any policy for regulating the private
medical sector
■ But what definitely exists & is practiced is the
population policy
o Rajasthan has a very coercive population control
programme based on incentives & disincentives
(Contd.)
o Target approach is being adopted & service providen
are penalised for not meeting targets
o Standardised norms for sterilisation camps are
compromised in the zeal to achieve targets
o Two-child norm is applicable in the Panchayats,
Municipalities & State government
» The civil society has no role in monitoring the
availability & delivery of health services
t Despite the Regulation Grajp Panchayats too do
not haye any effective roip jp planning &
implementation of local health services
t-
3
N p - 6' Id~
A FIELD STUDY BY CEAD-VIZAG ON TWO-CHILD NORM IN A.P.
Andhra Pradesh is among a few other states in the country have made the twochild norm mandatory for all panchayat members. The other states like Haryana,
Madhya Paradesh, Rajasthan, Himachal Pradesh along with A.P insist that those
who have more than two living children are not eligible for contesting in the
panchayat elections or to continue in the existing position. There was no official
order being served to those comes under this category. In the areas of our
operation when field investigations were made with those affected by the twochild norm, majority of section says that the government officials were not issued
any orders to those who have more than two-child but verbally said about the
government’s decision. In some of the offices they put the order in the notice
boards of MRO, MDO and Village Secretariats. The people who are literate and
those who have more than two-children are legally made some adjustments with
their kith and kin in the form of adoption. The others who are not dared to do
so were in dilemma and were not contested.
In Andhra like many other states who are made mandatory two-child norm,
mostly the women and marginalized sections of society are more affected,
hundreds of panchayat members in A.P have been removed from their posts
because they failed to comply with the two-child norm policy. Women are the
one who are worst affected. The majority have no say over exercising their
reproductive choices with a preference to a boy-child continuing to be the norm in
the rural areas, families are more preferred the women to step-down from their
existing posts and to give birth to two or more sons. Several panchayats in the
area of our operation the women are officially elected but they remain at home to
take care of household activities, these women who were elected on a reserved
seats remained a rubber stamp member and the husband takes care of the regular
administration, decisive matters and so on.
Our study in 75 panchayats 36 Sarpanches and "ward members were not eligible
for contesting in the last PR elections, 12 are made legal adjustments giving
adoption of third-child to relatives and retained their posts as it is. Mostly in the
fishing villages where the elderly people control the societal matters told the
persons those who have over two-child not to contest in the elections but their
brothers, sisters who will comply two-child norm can be considered, there are
several members unanimously elected and the government also awarded a cash
prize for these panchayats. Many members who are affected by this norm are
saying that why can’t the two-child norm for the members of Rajya Sabha, Lok
Sabha and Legislative Councils and also for the nominated posts. Others also have
to be equally debarred from their posts that are failed to comply with the
mandatory of two-child norm.
The women who have adopted the family planning methods and sterilized after
third/fourth deliveries were also denied of sanctioning welfare schemes by the
local govt. hospitals/PHCs. The women who comply with the mandatory of twochild norm some are eligible for schemes and most are not. The families who
have more than two-child are also getting free education and health facilities.
Banks are extending loan facilities but PACS (primary agriculture cooperative
societies) are refused to sanction loans to the families not covering under twochild norm. There are also rumors that jobs too would be denied to people who
have more than two children and equally affecting for promotion cycles. The
government of A.P mobilize incentives from PSU and Corporate Sector for
restricting family size and to reach to its sterilization targets, during the time
several schemes offered by the DM&HO.
rJp- t J
PRIA
1_RIA .s an International Ccnlre for Ix-arning and Promotion of Participation and Democratic Governance
H. No. 817, Opp. S.P. Residence, Ward No. 1, Mahendergarh Road, Nornaul, Haryana-123 001
Piionc : 01282-310616 E-mail: mgarh@pria.org
T°,
Tribunal Secretariat,
C/0 Human Right Law Network.
65,Mazeed Road,
Jungpura,
New Delhi.
Sub: wrt People's Tribunal on coercive population policies and two -child norm to be
held on 9-10 Oct.2004
Dear Colin,
PRIA is an International centre for learning and promotion of
participation and democratic governance. We are working in Haryana since 1992. on the
issues of strengthening local self-governance in which our major focus is to promote
initiatives for the empowerment and development of the poor, marginalized and weaker
sections of the society In Mahendergarh we are operating from our District Resource
centre since 1996.
Enclosed are the data collected (with case studies) from Mahendergarh District of those
who have been removed from their post due to more than two children
Kindly acknowledge the receipt of the same.
Warm regards.
Pny^nka
Programme Officer,
District Resource Centre,
H.No.817, Ward no.l,
Opp S.P. Residence, .
Namaul, Mahendragarh District, Haryana-123001
Ph.no.01282-310616
E-mail: mgarh@pria.org
Ph.: 2995 6908.
‘
‘
Arca-. New Delhi - 11(X)62
: 2995 5183 E-mail: info@pria.org Web : www.pria.org
for 7hn
Pevij belonging to scheduled caste community contested election
S ettd <!h*
PaS0 Dcvi
contested from ward no. 5 of Zl> Set
she Waited for 71>
NaepUr Grdm Pancha*al of Fatchabad. When
Dal As Fallahad h, X"1S’? P’
WaS W'th thc fuIing W ' Indian Na,iona]
post for chaimersnn^P C hl8hcsl scheduled caste population amongst other districts the
Arch®/p^rson ZP was reserved for scheduled caste woman. Out of 13 members
elected for ZP, 7 were supporting her for the post of Chairpetson.
SvfoJ the nX^H0'110. — Srf‘- K”° DcVi “ ChaifPereon. Ihis led to Paso Devi
ca mg the ruling party and joining hands with the opposition - Congress Party. As there
DeS whilsMh^r “ eH8ibIC f°r <he P0St thc mCmbcrs or<’PPoshion supjirted Paso
rnhna nlS S " '”5
^DOOrtcd Kain Dnvi This InnV , dnunatiu tu« wJwJn <h.
as?p Chap^
^V1 WhilS’ Ka,o Dcvi‘ suPP°rtcd by ‘bo mling party, was
I
I
Paso Dcvi currently is an elected member of Zila Parishad from ward no. 5. Her
h<ld 44000 ,0,a’ VOtCS at lhat timc and “wred 21 villages. Paso Dcvi won
by 17500 votes.
I
At the time of election she had four children. Before election her sister adopted two of
her children.
,,n
-l ,.a , a^sbad on thc basis of that a similar case is pending with supreme court.
When the judgment from Supreme Court came on 30.07.2004. Paso Devi also hud to
rSaky er
Sh°WS lha>
conslitu,iona, Prevision is used as weapon for ixditicul
2. Mr. I)evraj s/o Sh. Phalli Ram is 35 years old belongs to scheduled caste got elected
as Panchayat Samiti member. He contested from ward no. 12 of Ratia Panchayal Samiti ol
Fatehabad District. He contested first time. He is educated up to 8lh standard. His
constituency comprised of five villages. He won lite scat by 252 votes against her nearest
rival. He belongs to SAI INAL village. His rival candidate filed case against and
challenged his qualification for the post. Devraj has three children (2 mule and one
female). Hie ease was pending with deputy commissioner for one year and after one year
he had been dismissed from the post as he had been declare disqualified. His third child
was bom on January 1996.
3. Mr. Sher Singh. Disqualified Sarpanch
Age -30 years, Castc-Vulmiki (SC), Gmm Panchayat- Lchariyan.
Education- Matric (10th)
Living'Children- 5 (4 Female 1 male) Last child was bom in 1999.
He contested election for the post of Sarpanch from the seal reserved for scheduled caste.
Total votes in His Gram Panchayal at the time of election were 2300. He won the
Election by 436 votes. His father had been member Panchayat for two terms. He was also
a worker of ruling party. He was first suspended in 2001 on the basis of disqualification
having more than two children. But he remained Sarpanch. as he was member of ruling
parly. lie second time suspended in 2003, he again escaped himself. Finally he has been
given notice on
Kh nTAFflt hlrn OUOr an 00.07.20(14 cxjiJ Jl.Mlll
z6.07.2004. He told that during his tenure of four year, administration never supported
him in his work. Upper caste people (Panchos) of his Panchayat influenced, Ji-.. Secretary
and BDPO. He was never provided all the funds. Development works done in his
Panchayal some times without asking him. In parliament election he supported congress
candidate as he belongs to his community, ruling parly victimized him.
4. Rajkumar, Disqualified Sarpanch
Gram Panchayut —Bighar, Block District batchabad, lotul Voles. 6500
Age- 39 yrs
liducation- 13+2
Caste- Scheduled Caste
Living, children: 4 (2 Male 2 female) Last child bom in 1996.
Rajkumai was elected unanimously as Sarpanch, as the post of Sarpanch in Bighar Gram
Panchayat was reserved for scheduled caste. In 2002 there was a ease of encroachment. .
’Some upper caste people tried to influence him to take decision in tltcir f^vcar.But he
refused saying that he cannot go against the will of majority of people, flic same people
arc running a school. They offered free education to his children in their school. After
having the proof of birth of his child, they filed ease against Rajkumur. He declared
disqualified and dismissed from the post on 26.05.2004.
5. Mr. BUIu, Disqualified Sarpanch
Grain Panchayut- Bhundarwas Total Votes: 2800 won by 63
Age- 43 yrs. Scheduled caste, Ikiucation: Q11
Living Children: 5 (3 Female 2 male) Last Child Bom in 1995 (female); Adopted by
his brother in law.
Billu Contested clcc.linn on nnrrsrrwd seal and won by 63 volar, from hiu nourewt rival
Mr.Makhan Singh. After 39 days of Billu’s election us Sarpanch. Mr.Maklwn Singh
filed ease of disqualification against him. He fought the case up to B.D.Dhuliya.
Secretary' Department of Panchayats Govt, of Har>'ana and High Court. He finally
dismissed on 28.01.2004.
MMs. Indira Jaisingh,
She is a leading advocate and a rights activist. She is an outspoken orator famous in
lending her voice on issues related to women’s rights. She heads the “Lawyer’s
Collective a forum, which advocates the right of a woman’s physical autonomy in
addition to reproductive rights. She believes that changes should be made within the
framework of existing laws of the constitution.
Ms. Jaisingh speaking on the occasion touched upon the crucial issues of
International Human Rights and Indian Constitutional Framework and
Policy Framework in the context of Population Development and
Reproductive Rights. She spoke about the rising disconnect between the two
leading communities of law and social movements due to the lack of
understanding within the civil society groups on the precise role of law in a
social struggle. She said the UN International Conference on Population
and .Development (ICPD), held in ,Cairo 1994, turned the table in
perspective of the International community towards issues of population and
development, women’s roles and rights. India too was influenced and the
shift can be evidenced in her national population and health policies.
She spoke about the judgment of the Supreme Court in the Javed & others
v/s State of Haryana case, which dealt with the two-child norm. She stated
that the whole paradigm of equality the way it has been conceived of in the
western world is that “likes have to be treated alike and those that are not
alike need not be treated alike". That’s how the Right to Equality in Article
14 has been understood traditionally the world over including India. This
has led to a lot of complications, as it has been a doctrine, which actually
sanctified the existence of racism and it can even sanctify the existence of
discrimination against woman (The Air-India case, the Supreme Court observed
that male staff and air-hostesses are not similarly situated so they don’t have to be
treated similarly.).
She said that there are several reproductive rights issues that stand out in the
context of population and development in India. The legal framework
securing human rights in India is found in the constitution and the
constitution does not provide an explicit guarantee of reproductive rights or
health. It talks of a general right to health and specific aspects of
reproductive health within constitutional law. The only overt references to
health are found in Part IV in the Directive Principles of State Policy of the
constitution. The constitutional protections for the right to health is derived
from other explicit rights found under Part III of the constitution like: 1. Right to Life (Article 21)
2. Right to Liberty (Article 21)
3. Right to equality (Article 14)
4. Non-discrimination (Article 1$)
1
She informed that the interpretation and application of these fundamental
rights support the right to health under both domestic and international
frameworks. She observed that the court has articulated the Right to Live
with dignity under (Article 21) sustained by the Directive Principles
including the protection of health. She said fulfillment of reproductive rights
doesn’t rest solely on the rights associated with health, but also on notions of
empowerment, equality and autonomy. There are a number of Supreme
Court decisions that have implications for reproductive rights in India. The
jurisprudence of the court has been important in light of its holding m
Vishaka & others v/s State of Rajasthan. The court opined the use of
international conventions and nqrms to interpret fundamental rights.
Similarly in the case of Chameli Singh & others v/s state of UP dr others, the
court broadly defined the Right to Life includes food, water, decent
environment, education, medical care and shelter.
She informed there are a number of national policies that directly and
indirectly affect reproductive health like the national Five-Year Plans. There
is no woman’s right to abortion in India and the laws on abortion eitner
criminalize or medicalize the act. Arguing further in the same context she
highlighted the practice of rape within marriage, which is not an offence in
India. The extent of forced sex within marriage is not even quantified and is
not an offence. Therefore there is no question of collection of any statistics
or grievance redress forums to tackle the crisis. If the implications of this
crisis can be understood than one can begin to link it up with the whole
issue of the Right to sexual self-determination, unsafe abortion, fertility.
The family planning has essentially been a mechanism for the state to pursue
its agenda on population growth rather than viewed as a holistic health and
rights issue. Laws on contraception fall under the purview of the laws on
drug control. In particular, the Drugs & Cosmetics Act and the Drugs
Control Act govern the manufacturing, distribution, quality and sale of
contraceptives. The Drugs & Magical Remedies Act prohibits false or
misleading advertisements or claims regarding a drug. Since this Act is not
applicable to government advertisements, the law is limited. Respecting the
human rights of women has been particularly problematic in the area of
contraceptives when it comes to testing of drugs on Indian women without
their informed cohsent.
2
rj ip — 6'
Community Perspectives on
Unsafe Motherhood
By
Jashodhara Dasgupta
Note: - I am from Uttar Pradesh, the state, which has a casualty of40,000 women dying
every year for causes related to maternity by the government's own estimates. This is almost
one forth of the total maternal deaths in the country. I work among the rural communities
on maternal health for the last 15 years. I myself had escaped being a case of maternal
mortality.
Since the lastfew years, it's my privilege to work with several community-based groups and
individuals on this silent emergency. My experience in association with these groups benefited
me and as a crucial component of the "community perspectives" I am sharing this
presentation.
:3s= = :
Continuing cycle of Rights Violation,
1. Studies show that women experience a series of rights violation in the
spheres of reproductive rights, social, economic, civil and political rights,
Case - l.Ramrati, a poor dalit woman, expecting her first child on the 30d’ of
July 2004 was taken to the local community center around twelve hours after she
began labor,
Her child was yet to be born, but she was thrown out of the hospital for not
being able to pay Rs 5,000 and more,
Public outrage and media coverage led to a FIR and attention from the
administration. Enquiry team was dispatched by £he district Chief Medical
Officer,
2. The team conducted forced pelvic examinations over and over creating a two and a half
inch tear between her vagina and rectum that affected here seriously.
5. Apart from person or persons, there appears to be a series of disastrous
omissions by a callous system and the lack of policy attention regarding
women's rights,
4. Thus several questions can be raised about state culpability in the violation
of women's right to life and health.
Source: - Case - 1. Taken from the paper presentation presented by Jashodhara Dasgupta for
the workshop "On National Consultation on Laws, Policies & rights in the context of
Reproductive Health & Population." On the 25* & 26™ Of Sep, 2004 at the India Habitat
Center.
1
The lack of services,
1.
2.
Despite the stationing of Auxiliary Nurse Midwife (ANM) for every few
thousand population, still no maternal health services or information is
being provided to the needy women’s,
Lack of mechanism to monitor the functioning of ANM's,
•
•
•
•
3.
4.
5.
Case - 2.Munni went to the local PHC for a check-up in the slimmer of 2000,
suspecting a seventh pregnancy,
The government nurse called her to the sub-centre and performed an illegal
abortion for Rs 500, which resulted into uncontrollable bleeding and the nurse
refused to refer her to a government hospital,
Her family took her to a private hospital, where Munni was operated upon and
her stitches turned septic,
As the bills of the private hospital became unaffordable, Munni breathed her last
after a month of bleeding, infection and pain.
Women are pushed to repeated motherhood, which compounds their
vulnerability to maternal death,
To avoid unwanted & repeated pregnancies, women need gender sensitive
information & services and access to safe contraception,
Government initiative of the RCH program or National Population Policy
2000 has not touched the hundreds of deserving women’s.
State policy, Role of Donors,
1. The study shows that in UP the collusion between vertical donor driven
agenda and a system-wide failure in governance ensures that maternal
deaths will continue to take place,
2. The WHO-driven massively funded Pulse Polio Campaign ensures that
the entire family welfare machinery has little time for anything else other
than monitoring the administration of polio drops to every child six times
a year,
3. The USAID project for family planning on the other hand has focussed its
attention for ten years now on population control approaches,
4. The state population policy formulated in 2000 with USAID support
enforces contraceptive targets for health and non-health personnel, so that
salaries might be withheld for six months at a time,
Source.* - Case - 2. Taken from the paper presentation presented by Jashodhara Dasgupta for
the workshop "On National Consultation on Laws, Policies & rights in the context of
Reproductive Health & Population.*' On the 25* & 26™ Of Sep, 2004 at the India Habitet
Center.
2
This action ensures that the ANM lose motivation for saving a women’s
life and instead focus entirely on estimating when a woman will become a
willing case for sterilization program,
Such vertical and shortsighted policy approach programs combined with
corruption makes a lethal combination of cases involving medical
5.
6.
negligence and death.
The Emergency Obstetric Care,
Since the 80's the policy of rhetoric continues about providing emergency obstetric care
during the CSSM (Child Survival & Safe Motherhood) program. It still continues into the
90's with the announcement of Target Free Approach, the Reproductive and Child Health
Program and the National Population Policy of 2000. The continuing and widespread lack
of these services, despite adequate funding is an indication that for the government, the
death of thousands of women does not matter when compared to the importance of
controlling population growth. Even where die services are available, the corruption and
callousness of the staff have made the childbearing experience a hell for women in UP.
Law enforcement and regulatory mechanisms,
1.
Despite government announcements about the registration of private
practitioners and de-regulation of quacks, poor enforcement machinery of
the state has lead to flourishing illegal practice in rural areas,
•
t
•
•
2.
3.
Case - 3- Ramadevi was in labor with her seventh child on the 5°’ of June 2003,
the traditional birth attendant advised a referral since it was a complicated
deliver}",
A local quack doctor and her assistant offered to do the case and took Rs 3,000.
They hacked off the baby's body leaving the head inside, Ramadevi bled to
death after a short while,
Local police initially refused to register the FIR on the case, they removed crucial
evidence before taking the body for post-morten.
Hardly any action taken against illegal abortion providers in the last few
decades eversince the MTP Act was passed,
There is a sense of impunity and lack of medical ethics that augurs poorly
for using medical evidence as a means of establishing culpability.
Source: - Case - 3. Taken from the paper presentation presented by Jashodhara Dasgupta for
the workshop "On National Consultation on Laws, Policies & rights in the context of
Reproductive Health & Population." On the 25d, & 26™ Of Sep, 2004 at the India Habitat
Center.
3
Public Tribunal on
Coercive Population Policies and Two Child Norm
9-10 Oct 2004
Press Briefing
> Imposition of Two Child Norm and a targeted approach to Family Planning violates
the spirit of the constitution.
It is in contravention of International treaties that India is signatory to, such as ICPD
program of action; National Population Policy, 2000 (that talks about a target free
approach).
^rd
> And violates human rights, rights of women and children and the 73 Amendment
that attempts at empowering women and marginalized.
The Two Child Norm should be revoked because:
1
2.
3.
4.
5.
It provides an impetus to Sex pre selection and female infanticide thus worsening
the'already deteriorating child sex ratios.
■Penalizes women, who have no autonomy to decide family size and sex
composition, for not bearing sons.
Marginalizes women, dalits and adivasis and the poor from contesting elections in
the PRI depriving them of their democratic rights.
Deprives people particularly women and children of their entitlements through
various welfare schemes and programs like education, health benefits, PDS,
accident compensations, maternity benefits, loans etc.
Is unnecessary as it only perpetuates the myth of population explosion. On the
contrary, the growth rate has slowed and people desire family planning services.
The coercive, targeted and incentive based approach leads to 1. Neglect of women’s health needs and focus centered only around Family
planning. This is also reflected in the disproportionate allocation on family
t
welfare vis-a-vis health.
2. Mass sterilization and poor quality of services and the resulting high failure rates,
unwanted pregnancies and deaths.
3. Unethical practice and medical negligence.
4. Shift of the focus to Women as easy targets.
Our Demands:
1. Revoke all laws and policies related to the Two Child Norm, particularly the
Panchayati Raj Act.
2. Amend all coercive moves and proposals at both Center and State level sCommon Minimum Program and State programs.
3. Ensure informed choice and quality services
4. ‘Development is the best contraceptive’. Ensure security of education, health,
livelihood and other basic rights
Healthwatch UP-Bihar
Why India no longer needs to force its citizens to have smaller families
1. Population gro>vth rates have slowed in the last SOyears
1.96% per year
2.22% per year
2.20% per year
2.14% per year
1.93% per year
1951-1961
1961-1971
1971-1981
1981-1991
1991-2001
The population growth rate has stopped increasing sharply.
The growth rate in India now is the slowest in the last fifty years
See graph below:
2 --
0.5
0-
^r
8
£
ciCD
CD
in
CD
5
£
CD
S
CD
£
£CD
£
£CD
8CN
CD
Annual exponential erowth rate in India in the last centurv in %
2. People no longer have large families.
Average number of children for all married women ( TFR) 1951- 6.0
Average number of children for all married women ( TFR) 2001 - 2.85
3. People no longer want large families, they want contraceptive information and
sendees which they are not being provided with.
Table showing unmet need for contraceptive services wanted and actual fertility in
different states
Healthwaich UP-Bihar
State
India______
UP________
Rajasthan
MP_______
Bihar______
Orissa
Total fertility rate
2.85____________
3.99____________
3,78_____________
3.31________,
3,49____________
2.46
Wanted fertility
2.13___________
2.83___________
2.57 _________
2.40___________
2.58 ___________
1.90
Unmet need for FP
15.8_____________
25.1 _____________
17,6_____________
16.2 _____________
24,5_____________
15.5
4. Why does India still appear to have a large and growing population?
India has a high proportion of young persons in the reproductive age group and even
when they have only one or two children per couple, the quantum increase is high
because the number of reproducing couples is high. Thus the birth rate is high though the
total fertility rate (TFR) is low. This is called population momentum. India is like an
express train which has just applied its brakes. The train is very heavy and because it is
moving very fast it takes time before it actually stops.
Sources - NFHS II, Census 2001, NPP 2000, MoHFW - UNFPA Briefing Kit on
Population Stabilisation.
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