Laws And Son Preference In India: A Reality Check

UNFPA Report Reviews Key Laws On Women And Girls And Their Impact On Son Preference In India

New Delhi - The study finds that laws to check gender discrimination and son preference are often ineffective, and in many cases, may advance discriminatory practices. The report, ‘Laws and Son Preference in India’, recommends the need for a new, anti-discrimination legal framework to guide laws and policies for women and girls.

The study, authored by Advocate Kirti Singh, reviews key laws relating to women including dowry, inheritance, child marriage, sex-selection, and sexual assault. It finds that the laws themselves, and their interpretation, non-implementation or absence, may directly or indirectly propagate son preference.

“A deeply entrenched preference for sons exists for various reasons including that a son inherits property, whereas a daughter is perceived as more of a burden due to factors such as dowry- a practice that continues to prevail despite being illegal. Laws and their implementation are the backbone of social change. They hold the potential to change mind sets and stem generations of gender discrimination. This study offers a new perspective on reforming laws so that they work for women and girls,” said Frederika Meijer, UNFPA Representative for India and Bhutan.

Laws and policies for girls and women should be guided by a more explicit anti-discrimination legal framework that spells out substantive and procedural rights for women in different fields of work and in greater detail, and applies to state and private actors. This suggestion for a more comprehensive framework is in line with the Bill of Rights in the Verma Committee Report that details the grounds on which women cannot be discriminated against.

The study finds some legal provisions are not just inadequate in checking son preference, but also promote the practice and end up being discriminatory for women, such as the Goa Law on Polygamy that permits a second marriage for the husband when there is no son from the first marriage. The study strongly recommends removing such blatantly discriminatory provisions. The study also unpacks judgements related to different gender laws that tend to at times uphold son preference than address it.

While a law that is not implemented is damaging, one that inadvertently propagates son preference goes against the Indian state’s commitment to gender equality. Priority must be given to reform inheritance laws, specifically reform land and tenancy laws, so that women as widows and daughters inherit equally as sons and male members of the family. In addition, it recommends revising the definition of Dowry under the Dowry Prohibition Act and making child marriage invalid below a certain age.

Laws are absent in critical areas of discrimination and violence, such as laws to address honour crimes and those relating to marital property rights. In this context, the study finds that laws play an important role in securing rights for women and sometimes are the only recourse in a societal structure that is patriarchal and resistant to change.