Study blames Indian inheritance law reforms for spike in female foeticide

• Reforms over 20 years to India’s discriminatory and anti-women inheritance laws, which could have helped raise women’s socio-economic status, appear to have failed to mitigate society’s long-held preference for sons, according to a new study.

• Instead, such change of law between 1970 to 1990 has inadvertently led to increased female foeticide and higher female infant-mortality rates, finds the 2018 study that analysed families’ desires for a second child if the first child was a girl.

Key highlights

• The findings are supported by the Economic Survey 2017-18, which found an estimated 63 million women–roughly the population of the United Kingdom–‘missing’ in India.

• The study finds that girls born after legal reforms were 2-3 percentage points more likely to die before reaching their first birthday, and 9 percentage points more likely to have a younger sibling if the firstborn child was a girl.

• Legislative changes, coupled with the advent of prenatal ultrasound screenings that enabled sex-selective abortions, intensified the practice of female-foeticide to an extent that made girls 4 percentage points less likely to be born at all.

• The researchers studied families living in five “early-reformer” states–Kerala, Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka– which amended the Hindu Succession Act, 1956, to allow equal inheritance rights for women and men, at different dates between 1970 and 1990.

• These were compared against a control group of families in states that reformed inheritance laws only in 2005, when the central government mandated equal inheritance rights across the country.

Son-preference entrenched, women remain dispossessed

• Under the Hindu Succession Act, 1956, only sons had a direct right to ancestral property, excluding daughters from inheritance claims where the father did not leave a will.

• From the 1970s onwards, changes in inheritance legislation sought to empower women by strengthening their financial and social position and reducing dependence on male relatives.

• The traditional preference for sons was also supposed to lessen, because daughters, backed by possession of the family home, would be able to offer parents security in old age. Equally, this was expected to eradicate the dowry system, a key contributing factor to the perception of a daughter as a financial burden.

• Instead, the reforms appear to have had “unintended” effects leading to the “elimination of girls”, as social norms that organise family structures and alliances have not kept pace with changes to the law, the study finds.

• There also remains a strong incentive for parents to continue rewarding a son who works on and develops a family’s land, thus contributing to the family’s “wealth creation” and security for both parties later in life, the study says.

• Parents perceive the risk of upsetting a son by dispossessing him of the entire property as too high, one that could impact on the quality of their future care.

Sex-selective births increase, female infant mortality higher

• Imported ultrasound machines in the 1980s enabled families to discover a foetus’ sex before its birth, allowing sex-selective abortion, or female foeticide.

• As a result, the probability of girl babies being born fell by up to 4 percentage points in states where parents were both exposed to inheritance laws and ultrasound was available, when the first-born child was a girl, when compared with the control group, the study says.

• This indicates that families still showed long-held cultural preference for sons, the study says, adding that the magnitude of decline in the number of girls born–which “lies outside the range regarded as consistent with biological variation or slow-changing environmental factors”–shows a deliberate response to the change in inheritance laws.

• Since foeticide is a “conscious and staged act”, it is a “clean measure of parents’ preferences for having sons rather than daughters,” the study says.

• In addition to eliminating girls through pre-birth sex manipulation, there is evidence that parents rid themselves of girl children by neglect, thus adjusting their household sex-composition despite legislative reforms.

• There was a 2-3 percentage point increase in the number of female babies dying before their first birthday, where the first child was a girl, in post-reform and post-ultrasound states.

• Denying access to medical treatment and withholding food and nourishment are common methods employed to bring about premature death in unwanted children, other studies have shown.

• Families were also found to be “extending their fertility”–having children at later ages–in attempts to ensure there is a boy in the family, despite inheritance reforms supposedly equalising both sexes in terms of economic standing.

• Families where the first-born was a girl were 9 percentage points more likely to have a younger sibling (12% of the sample mean), than families where the first child was a boy, the study found.

Patrilocal norms stick, son preference remains

• Up to 77% of Indian parents expect to live with their sons in old age, following a ‘patrilocal’ system where sons remain in the family home after marriage while daughters leave to join their in-laws.

• As per this system, by remaining in and working on the ancestral land, plus caring for parents in old age, the son is usually ‘rewarded’ by inheriting the entire property after the parents’ death.

• Legal reforms mandating that parents must now share equal portions of the ancestral property with both sons and daughters appear to have not changed this dynamic, the study says.

• Son preference remains the status quo, suggesting that patriarchal traditions exert a stronger force on parents than legislation correcting historical gender biases.

• A scant public-pension system and social security net is a key reason why co-residence with sons, as well as son preference generally, has not changed, the study suggests.


Mains Paper 1: Social Issues | Population & associated issues

Prelims level: Not Much

Mains level: Impact of legislative reforms on sex-ratio in India

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