Post by: Esther Neds
My name is Esther
Neds and I am a 2L serving as a clerk for the Center for Global Justice,
working on a project for Alliance Defending Freedom International. This
semester I have been working specifically for ADF India by updating ADF with
summaries of recent case law concerning sex-selective abortion law. India has
strict laws concerning sonogram machines because of the trend in India to use
that technology to determine the gender of the unborn baby, and if the baby is
a girl, abort her. In fact, since the sonogram technology has been developed to
determine the gender of the unborn baby, the number of girls per 1000 boys
between the age of 0-6 years old dropped from 976 in 1961 to 914 in 2011. Because of these alarming statistics the
Indian government has prohibited the use of any pre-conception and prenatal
diagnostic techniques to determine the sex of an unborn child. However, the
courts have expressed many times that these laws, although a good thing, are
not enough. Real change does not happen unless the culture changes. As long as
men are still favored over women in Indian culture, people will continue trying
to abort their baby girls.
Reading through
some of these cases has made me consider the effect of technology on abortion
in Indian compared to the effect of technology on abortion in the US. I have
always considered technology to be a good thing in the US for the pro-life
message. As science and technology advances it has become easier and easier to
show that life does begin at conception, that these unborn babies are
individual lives that deserve protection. However, that same technology in
India has only allowed people to increase the number of abortions of little
baby girls through sex-selective abortions. I think it has been a good reminder
to me the strategies to address various human rights issues around the world
will not be the same in every country and nor should they be. Changing laws to
protect human rights is only half the battle. Changing the culture of how
people think about the issue is the real factor that will determine whether the
laws passed will have the intended effect. Strategies that work in one culture
will fail in another. Although
sex-selective abortion laws in India do not make all abortions illegal, they
are a good first step that way and, in the process, the laws protect the female
population by promoting equality for women in India.
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