Forced Sterilization: Removing a Person’s Ability to Reproduce

  “Hello there! I’m here to provide you with a bit of information on what forced sterilization is, its various facets, and the Indian laws relevant to this abuse. What you, as a survivor, are experiencing, post confronting a traumatic experience is normal. What you, as a bystander, are going through while supporting a survivor is absolutely okay and typical too!  If you need additional resources or just someone to talk to, feel free to reach out to The Neeti Project." 

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Written By: Shashank Ramachandran

What are Forced Sterilizations?

The involuntary removal of a person’s ability to reproduce is known as forced sterilization. This amounts to a gross human right violation, and it generally involves inhumane surgical procedures which are performed in poor, unsanitary conditions by perpetrators, who have no consideration for the victim’s health (Forced Sterilization as a Human Rights Violation, n.d.).

Why Are People Forcefully Sterilized?

There have been many rationalizations given by many for forced sterilizations. Eugenics, a theory of ‘planned breeding’ and ‘improvement of the gene pool,’ gained popularity in the 20th Century. One of the most grave materializations of this theory was in July 1933 when the German Government, under the leadership of Hitler, passed the ‘Law for the Prevention of Offspring with Hereditary Diseases” and carried out the coerced sterilization of about 400,000 children and adults (Forced Sterilization Policies in the US Targeted Minorities and those with Disabilities, 2020).

Other rationalizations for mass forced sterilizations include but are not limited to ethnic genocide, limiting the spread of HIV and population control.

Which Gender/s Are Most Affected by the Practice of Forced Sterilizations?

According to a 2017 study by the United Nations Human Rights Office Of The High Commissioner, women and young girls with disabilities are disproportionately subjected to forced sterilizations. The likelihood of forced sterilizations to this particular segment of society is up to three times higher than the general population. (Devandas, 2017).

In most cases women’s consent for sterilization is not obtained but when it is received it is acquired in a manner that almost entirely renders the consent invalid. Women are asked to sign consent forms while in labor, without complete information about what they are signing. Sometimes, women are led to believe that the forms they are filling out are for other medical procedures like an abortion or a Caesarean section, while in truth, the consent forms are for their sterilization.

Which Indian Laws are Relevant to Forced Sterilizations?

Indian laws relevant to forced sterilizations remain vague ambiguous.

• Section 4(1) of the Rights of Persons with Disabilities Act, 2016 (RPWD Act) states that the appropriate authorities shall take measures to ensure that all women and children with disabilities enjoy rights equal to all other sections of society.
• Section 25 deals with providing sexual and reproductive healthcare, especially for women with disability.
• While there is no explicit mention of forced sterilization as a crime, Section 92 (f) provides punishment for termination of pregnancy without consent.
• On the other hand, the Mental Healthcare Act, 2017, specifically provides protection against forced sterilizations.
• Under Section 95 of the Act, sterilization of men or women, when such sterilization is intended as a treatment for mental illness, is categorized as a prohibited procedure (Shaikh, 2021).

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References

Devandas, C. (2017). Sexual and reproductive health and rights for girls and young women with disabilities. Retrieved from https://www.ohchr.org/sites/default/files/Documents/Issues/Disability/A_72_133_Easy_to_read_version.pdf

Harvard University Press. (n.d.) Racial hygiene. Retrieved from https://www.hup.harvard.edu/catalog.php?isbn=9780674745780

International Justice Resource Center. (n.d.). Forced sterilization as a human rights violation. Retrieved from https://ijrcenter.org/forced-sterilization/

Shaikh, A. (2021). Forced sterilization on women and girls with disabilities is against law. Retrieved from https://theleaflet.in/forced-sterilisation-on-women-and-girls-with-disabilities-is-against-law/#:~:text=Under%20Section%2095%20of%20the,categorised%20as%20a%20prohibited%20procedure.

The Conversation. (2020). Forced sterilization policies in the US targeted minorities and those with disabilities – and lasted into the 21st century. Retrieved from https://theconversation.com/forced-sterilization-policies-in-the-us-targeted-minorities-and-those-with-disabilities-and-lasted-into-the-21st-century-143144

United States Holocaust Memorial Museum. (n.d.). Timeline of events. Retrieved from https://www.ushmm.org/learn/timeline-of-events/1933-1938/law-for-the-prevention-of-offspring-with-hereditary-diseases