About 13,48,481 girls went missing in Uttar Pradesh during 2001 to 2011 as per 2011 census. Uttar Pradesh recorded the 10th lowest Child Sex Ratio (CSR) of 902 girls per 1000 boys in the age group of 0-6 years among 35 States and Union Territories (UTs) against all India CSR of 919 during 2011 census. As per 2011 census, out of total 71 districts, 57 districts registered decline in the CSR. Of these, 24 districts recorded sharp decline ranging from 20 to 42 points while 16 districts recorded moderate decline ranging from 10 to 19 points and 14 districts registered mild decline ranging from 1 – 9 points.
Only 14 districts registered improvement in 2011 over the 2001 CSR figures. Forty seven out of 71 districts have recorded CSR below the national CSR of 919 girls per 1000 boys while 31 districts have recorded CSR below the State average CSR of 902 girls per 1000 boys.
The State’s CSR has consistently been declining from 935 girls per 1000 boys in 1981 to 927 girls per 1000 boys in 1991, to 916 girls per 1000 boys in 20016 and to 902 girls per 1000 boys in 2011. Yet, Uttar Pradesh failed to take effective steps to address the declining child sex ratio in the State.
The record of implementation of the PC&PNDT Act had been abysmally poor as found out by none other than the Comptroller and Auditor General (CAG) of India in its Audit Report titled, “Report No 3 of 2016 – Performance Audit on Empowerment of Women Government of Uttar Pradesh” for the year ended March 2015. The CAG highlighted non-utilization of funds sanctioned by the Government of India for implementation of the PC&PNDT Act, ultrasound clinics operating without renewal of registration, violation of provisions of the PC&PNDT Act by ultra-sound centres, nonmaintenance of records by the District Appropriate Authorities (DAA), absence of regular inspection of the ultrasonography centres by the DAA, non-documentation of inspection reports by the DAA, absence of mapping and regulation of ultrasound equipments, absence of tracking system in ultrasonography (USG) machines installed at USG centres, not imparting necessary training to medical practitioners conducting ultrasonography, missing of the seized ultrasonography machines, insignificant number of decoy or sting operations, non-imposition of penalty on the violators of the PC&PNDT Act, lack of adequate /regular monitoring and inspections by the State Supervisory Board (SSB), the State Advisory Committee (SAC) and the District Advisory Committees (DACs), the failure of the bodies established under the PC&PNDT Act to hold meetings, non-implementation of recommendations of the authorities established under the PC&PNDT Act etc. The result is the lowest conviction rate. Despite filing 190 cases from 2002 to September 2016, as per information placed before the Parliament by the Ministry of Health and Family Welfare, Uttar Pradesh secured only two convictions under the PC&PNDT Act as on December 2014.
The CAG also noted serious shortcomings in the implementation of the MTP Act including absolute lack of monitoring of implementation of the MTP Act and concluded that “the illegal, unsafe and unhygienic abortions could not be denied”.
Though the CSR has been consistently falling, Uttar Pradesh does not have a universal scheme aimed at incentivizing retention of the girl child. With the change of guard, the incumbent State government discontinues or scraps all welfare schemes launched and implemented by the previous government. On
assumption of power in 2007, Ms Mayawati led Uttar Pradesh Government scrapped the Kanya Vidya Dhan Yojanam, a scheme of scholarship for meritorious girl students from Below Poverty Line (BPL) families, launched by her predecessor Mulayam Singh Yadav led government in 2004. Similarly, after Samajwadi Party took over the reins of power in Uttar Pradesh, in May 2012 Chief Minister Akhilesh Yadav scrapped as many as 26 schemes, including the Mahamaya Garib Balika Ashirwad Yojana (MGBAY), the only scheme for retention of the girl child, implemented by his predecessor Ms Mayawati. With the scrapping of the MGBAY, the only scheme which sought to address female feoticide was scrapped and no new scheme had been launched either.
The figures of the sex ratio at birth (SRB) are not encouraging and the Annual Health Survey in Uttar Pradesh recorded SRB of 90814 in 2011-2012 and 921 in 2012-2013.15 If the existing under-five mortality rate (U5MR) of 48 deaths per 1,000 births16 in India is applied in Uttar Pradesh context, the State’s CSR of 902 as per 2011 census will further reduce.
The question is whether Chief Minister Yogi Adityanath government of Uttar Pradesh will address the issue of the girl child. Immediately after taking over as Chief Minister, on 28 March 2017, Yogi Adityanath instructed the Department of Women and Chief Welfare to prepare the Bhagya Laxmi Yojana, which is slated to be launched in June 2017. As per the proposed Bhagya Laxmi Yojana, the State Government of Uttar Pradesh will issue bond of Rs.50,000 at the time of birth of the girls in the poor family to be released in the following installments:
– Rs. 3,000 at the time of the admission in 6th class
– Rs. 7,000 at the time of the admission in 10th class
– Rs. 8,000 at the time of the admission in 12th class
– Rs. 32,000 at the time of admission in graduation
Asian Centre for Human Rights has reviewed implementation of the Ladli Laxmi Yojana of Madhya Pradesh18, Haryana19 and Goa20, Nanda Devi Kanya Yojana of Uttarakhand21 and Mukhya Mantri Kanya Suraksha Yojana of Bihar22, Beti Hai Anmol Yojana of Himachal Pradesh23 and schemes of various other State governments.
Asian Centre for Human Rights is of the opinion that the benefits under the proposed Bhagya Laxmi Yojana are highly inadequate. Ensuring the right to education is only one of the critical issues surrounding the girl child. The first critical issue is the retention of the girl child itself. The retention of the girl child ought to be addressed by enforcement of the PC&PNDT Act and giving adequate incentive for the retention of the girl child which can be addressed through post birth benefits and marriage assistance as provided by the State Government of Goa. Further, the final installment to be provided on admission in graduation can be a disabling provision. The critical issues are both their right to education and prevention of child marriage.
(i) Recommendations for the proposed Bhagya Laxmi Yajona:
In the light of the evaluation of various schemes, Asian Centre for Human Rights recommends the following for the proposed Bhagya Laxmi Yojana:
a. Amount and number of installments to be paid under the Bhagya Laxmi Yojana
The amount of the Bhagya Laxmi Yojana should be increased to Rs 300,000 (three lakhs) to be paid in the following installments:
– Rs 50,000 as post birth assistance to be provided in cash as incentive for retention of the girl child
– Rs 10,000 at the time of admission in 1st standard
– Rs.20,000 at the time of the admission in 6th class
– Rs. 30,000 at the time of the admission in 10th class
– Rs.1,00,000 after completion of 12th class or completion of 18 years
– Rs 100,000 at the time of marriage to be paid to surviving girls for assistance during marriage
b. Coverage and means of implementation
– Undertake specific programme for increasing coverage of all families under the Bhagya Laxmi Yojana by connecting the programme with all primary health centres, nursing homes, hospitals, anganwadi centres and schools; and
c. Ensuring transparency and accountability
– Upload all details of physical and financial achievements under the Bhagya Laxmi Yojana on a dedicated website and update the information in the website regularly to provide all relevant information such as list of beneficiaries, funds sanctioned and utilization certificates.
(ii) PC&PNDT Act:
- Implement the recommendations of the CAG made in “Report No 3 of 2016 – Performance Audit on Empowerment of Women Government of Uttar Pradesh” for the year ended March 2015 on the implementation of the PC&PNDT Act;
- Establish the PC&PNDT Bureau of Investigation under the Department of Health and Family Welfare to assist the appropriate authorities for effective implementation of the PC&PNDT Act;
- Launch a Mukhbir Yojana to reward those providing information with at least Rs 200,000 to decoys and Mukhbirs along with (i) specific incentive in the form of bond/scheme for the unborn baby of the decoy customer apart from undertaking of not aborting the foetus under any circumstances; (ii) specific allowance to the decoys and Mukhbirs to attend each hearing during the trials; (iii) ensure anonymity of the complainants, informers etc to the extent possible; and (iv) sanction adequate financial resources for implementation of the scheme;
- Ensure proper implementation of the PC&PNDT Act inter alia through: (i) ensuring efficient and effective system of registration of all ultrasound/ genetic clinics so as to ensure compliance to the provisions of the Act; (iii) ensuring regular and effective inspection of the ultrasound/ genetic clinics for curbing the violation of Act & Rule; and (iii) introducing Integrated Monitoring System for the PC&PNDT Act and installing tracking devices in all sonography machines;
- Ensure proper implementation of the PC&PNDT Act and Rules, inter alia, by filing cases against (i)unauthorised functioning of ultrasound clinics, (ii) ultrasound being conducted by unauthorised person, (iii) non-surrender of certificates of registration by defunct ultrasound centre, (iii) mis-use of portable USG machines, (iv) non-maintenance of prescribed records, (v) non-filing of Form-F by ultrasound clinics, (vi) non submission of quarterly sales list by dealers and affidavit by the purchasers, and (vii) ensuring time bound trial of the cases under the PC&PNDT Act
- Ensure departmental actions against AAs for the failure to ensure compliance with the PC&PNDT Act and the Rules; and
- Make necessary budgetary allocations for implementation of all these measures.
