Shun Sex-selective Abortion

Pariksha Dhakal

Sex-selective abortion is the voluntary termination of pregnancy based on the anticipated sex of the child most often a girl.  Sex selection can occur before a pregnancy is confirmed, throughout pregnancy by prenatal sex detection and selective abortion, or after birth through infanticide. The desire for a boy child often leads to sex-selective abortion. Just like denial of abortion rights, sex-selective abortion also encourages gender based discrimination. Sex-selective abortion places a moral dilemma on the face of legalisation of safe abortion even when identification of sex before birth is outright treated as illegal act. Discrimination against girls begins in the womb even before they are born. As sex selective abortion widens the sex ratio where women are not even given birth to such extent that it has caused imbalance in male to female ratio, it is also a form of gender discrimination.

Sex-selective abortion is punishable offence.  Section 188 (7) of Criminal Code, 2074 prohibits on conducting abortion upon identifying sex. The punishment for committing sex-selective abortion ranges from two years and 10 thousand rupees to maximum punishment of six years and fine of 50 thousand rupees. Degree of punishment varies depending on the week pregnancy is aborted, gravity of punishment being proportionate with the maturity of pregnancy.  

In Nepal, even though sex-selective abortion is illegal, it still persists. Statistics show that roughly one in 50 girl births had been aborted every five years. This shows the deep rooted nature of gender-based discrimination in our patriarchal society. It is still considered empowering for a woman to have a male child. The cultural belief and social construct has led people to believe that a family without son deprives them of support in their old age. Family is considered to need support of the son as daughters have to be married off. This leads to desire of a baby boy and consequence is either giving birth to girls until a boy child is born or sex selective abortion.

The practice of sex-selective abortion places a legal dilemma while advocating for abortion rights. Right to abortion should not encourage gender disparity rather it is a right which ensures the women’s autonomy over their reproductive choice. Practice of sex-selective abortion questions the very principle of right to abortion i.e. principle of empowerment of women. Natural sex ratios are distorted by sexual selection, to varied degrees depending on the nation, state, culture, and religion. An unbalanced sex reinforces gender discrimination against them, and disturbs social and familial ties. Women’s emotional and physical health is seriously and profoundly impacted by the overwhelming pressure to have sons. Abortion right is aimed at encouraging freedom of choice of women not to belittle the existence of women right from the womb.

Sex-selective abortion is a serious problem which places the legalisation of abortion at great scrutiny. Abortion is a choice but such choice must not systematise gender-based violence and discrimination. With provision of abortion right proper mechanism to make sure that sex selective abortion does not occur must be in place. Regular inspection of abortion centres and proper channel of complain should be developed. In the absence of proper implementation mechanisms, lots of incidents go unnoticed. It is necessary to alter how society views girls and women in order to end the practice.