Delhi High Court Recommends Softer Approach on Mothers Who Kill Girl Child
On 12th March 2010, a division bench comprising Justices Pradeep Nandrajog and Suresh Kait recommended to the Delhi Government to frame rules that allow the latter to decide either for remission of sentence or clemency can be granted to mothers who are convicted of killing their own children.
Supreme Court on Why Mothers in India Kill the Girl Child
Simply put, the recommendation implies - go soft on mothers who kill the girl child. The judges made the recommendation based on their observations:
- Perverse social norms and perverse social thinking are the reason for crimes against the female child.
- Mother is a mere puppet who is being pulled by men who lecture her.
- Mother is a victim of circumstances and illiteracy.
- A mother is pushed into a corner with no support.
The case in which the judges made this recommendation pertained to a mother who had throttled her baby to death just a few hours after giving birth. This happened in 2007. The mother had been married at the age of 15 years and became a mother a few years later. The judges asked whether under the circumstances, the mother would have been mature enough to think of herself and fight the social environment and its pressures surrounding her.
These, according to the judges, are the reasons why a second assessment is required in such cases where girl child is killed by the mother. Currently, every woman who commits this crime is treated as a murderer under section 302 of the Indian Penal Code.
To make change happen, Ask Questions about Female Infanticide
Many questions are bound to arise in your mind as you read this. You may wonder whether mothers who kill their own daughters deserve this consideration from courts. You may wonder whether this will lead to increase in the number of crimes committed against girl children by their own mothers. You may wonder whether illiteracy and perverse social thinking can be suitable alibis of parents who don’t want to see their girl children live and grow into healthy individuals. So many questions remain unanswered. What remains is for the government to decide whether to accept the Delhi High Court’s recommendation.
When a mother kills the female infant for obvious reasons like illiteracy, pressure, poverty or whatever you name it, isn't her whole family involved in this deed.... what happens to them? or only the mother is convicted with the murder charges... I personally don't think that any kind of approach(strict or soft) towards only "one person" involved is going to stop the female infanticide... the other members responsible for this have to be taken into account and strict actions should be taken against all... we protest killing animals because of their extinction and here we are messing up our own race...
Killing a child is a crime... it does not matter who the killer is... no one has the right to that. Period...
It is for the government to decide... 1st the mental state of the judge who can pass such judgments, 2nd if it really is for the aam admi... Shame on politicians, let them be from any party!!!
Beautiful B&W photo!
Only when women are empowered which then helps them in making choices about their own bodies will such crimes be controlled. I think this judgement is apologetic about mother's actions.
That said, whatever happens to the father? Why isn't he the one to be punished? I am betting that if the father is put in jail for female infanticide (whether done by the mother or someone else), there would be an immediate reduction in such murders. That is, if the logic of the son's primacy in the functioning of family is true. Who would want their precious sons in jail?
What do you think?
@Vandita: Typically, the charge of murder under Sec 302 of IPC pertains to the mother who kills the female baby. Yes, there are others involved as you rightly pointed out and this is exactly why the Delhi High Court passed the recommendation for the government to consider. A baby's life is precious but the Hon'ble Judges have now questioned the logic of punishing the mother by taking into account the peculiarities of each case.
@Manoor: You are right in stating that no one has a right to kill the child. The society needs to embrace social reforms and oppose social evils strongly to make change happen. As long as there is dowry practice in the country, the number of girl children who are killed at birth will continue. The larger picture is that the Indian society has to collectively make effective resolutions so that the laws can be more effective in protecting and deterring the commission of these crimes. Unless the public adhere to the laws, the laws will simply gather dust amidst complex statutory provisions.
@Vijay: The judgment seems to foster a humane view of trying to understand a mother's dilemma and reasons that force her to kill her own child. Judges do not want to ignore issues such as poverty or illiteracy while deciding these cases.
As stated earlier, these laws against female infanticide have limitations because they may not be effective unless they enjoy public sanction. Without the society's co-operation, it is difficult to curb social evils such as dowry, female foeticide and female infanticide. It is not certain that punishing the son will help in these situations. At the same time, you have a valid point about empowering women to make the right choices. However, illiteracy is a stumbling block in a majority of cases pertaining to female infanticide in rural areas.
Thanks Vandita, Manoor and Vijay for voicing your opinions with such passion. This is exactly the best place to discuss these questions that we, as citizens, must ask, challenge and find effective solutions together.
By thinking and acting responsibly, we can embrace change powerfully and the law will take its natural course in a fair way.
@LIG Reporter: I do understand the necessity for understanding dilemmas. I still don't think it's right to be apologetic about such actions in the name of "humanity." Whose humanity? The mother or the girl baby? Do poverty and illiteracy lead to female infanticide in other parts of the world? Yes or no?
Dowry is just a conduit for transfer of property. You haven't given reasons as to why and how "It is not certain that punishing the son will help in these situations." The problem seems to be sons marrying with the inducement of property. Is the son marrying the girl because he likes her and wants to live together with her? I don't think so. In such marriages the property is paramount.
If girl babies are being killed to prevent transfer of property due to poverty or necessity to keep property within the family and boy babies are preferred in the hope of future transfer of property, why isn't the role of the boy being examined?
The judges ought to be paying attention to the father factor. Otherwise they are just paying lip service to female empowerment. They are male judges to boot.
I believe these murders have as much to do with inheritance as it's about misogyny.
Hi,
Female infanticide - one of the long running episodes in the Indian history. Questioning the assumptions and the clarity of thought of the judges in this case, looked from the view point of Mother is reasonable.
However, such a thing exists in the system cause of the society. There are societies where male infanticide is prevalent.
Though the rules, can help to safe guard the mother, however believe this would only give a raise again to the female infanticide, because in most of the cases, its carried out by the family or relatives and mostly the Mother can be named as a reason for escaping from this taking this rule into account.
Believe, still more refinement has to come into place with respect to sensitive laws like this. Education can act as a main change agent in the societies of this nature to change. India has one of largest imbalance in the male female ration as said by UN.
Rgds,
Bharathy
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