Click to play videoHope floats for two babies cast away by their biological parents. One is now in a millionaire family’s bundle of joy and hospitals have offered to treat the other little one, born with an ailment. But it’s not always a happy ending.
The story of the six-week old nameless baby abandoned by his parents in a Gurgaon hospital has taken a turn for the better. The father of the baby with a congenital defect is back to claim him, says they could not afford his treatment. Meanwhile, doctors at Delhi’s Apollo and Fortis Hospital have offered free treatment for the infant.
The other abandoned child, two-a-half-month old Shiv is truly a destiny’s child. His parents left him in a rail compartment in Khandwa, Madhya Pradesh, but he is now part of a loving family. The Ahujas without any heir to their family name and fortune have adopted Shiv.
But it is not always a fairy tale ending like Shiv. There are hundreds of children left in the lurch every year. So, what's the fate of abandoned babies in India?
On CNN-IBN’s show India 360, Coordinating Voluntary Adoption Resource Agency (CVARA) Chairperson Dr Vinita Bhargava and Lawyer Rajiv Bahl came together with host Smita Nair to argue –
Why are so many babies abandoned in India?
It’s not a problem that unique to India. Abandonment of children happens all over the world. Reasons are different – an unwed mother fearing social stigma abandons her child; couples not wanting girl child abandon their child.
Expensive pediatric treatment
In case of the six-week old child with congenial defect, his father says he could not afford the treatment of the disease. Is it not telling on the healthcare system of the country?
“Absolutely,” said Bhargava. She also indicated that it is not only healthcare, but also it is telling on many other things, like social support to families, attitude towards female children, attitude towards stigma of an unwed mother. So, the reason for abandonment are many. Only laws can’t stop all such crimes and instead of just looking at the tip of the problems, “it’s very-very deep and that is where we have to reach”.
Bhargava agrees that the pediatric healthcare in the country is expensive and “difficult to get in terms of economics of it”, which may even lead to abandonment of a child born with congenial defect. And in this particular case, the father needs to arrange Rs 1 lakh for the treatment. Apart from the treatment, there are problems like malnutrition, which is rampant and so many children are dying due to malnutrition. And due to the state of healthcare system, very-very simple things are out of reach of parents.
Laws on abandonment
In India, there is no law as such with punitive provisions for abandonment. Even if looked at internationally, probably Japan is the only place, where there is a law. Will punitive provisions in the law be a deterrent for abandonment?
“Well it may be deterrent,” said Bahl. He indicated that as far as abandonment is concerned, there is clear law. If a child is abandoned, how the child will be cleared for the purpose of giving the child for adoption.
Bahl agrees that there should be stringent punitive provision to stop parents from abandoning their children. But in case of abandonment, child welfare is the “paramount” consideration. So, once a child is abandoned, the child has to be given adoption and for that all the legal formalities have to be completed.
Toning down the need for punitive provision to tackle the problem abandonment, Bhargava said, “In Tamil Nadu, we have had provisions for cradle babies. So, we have actually legitimised abandonment. Because you have to tackle far greater problem of foeticide.” So, legalising abandonment at least allow the baby to born and then be given to a family. So, aided cradles are set up all across Tamil Nadu, where a child could be given up and “at least not killed”.
Dearth of adoptable children
One UNHCR report puts the figure at 11 million babies, who have been abandoned but not many babies are up for adoption.
Bhargava sighted “illegal adoptions” as one of the many reasons behind the mismatch between the figure of abandoned children and children up for adoption. Many adoptions are not done through licensed adoption agencies. Adoptions done through hospitals and private adoptions do not figure in the statistics. There are also instances adoptions, which are done within the family and don’t figure in statistics.
Bhargava also pointed out that several children languishing at children homes are not legally available for adoption because both their parents may not have relinquish their rights completely and also sometimes lots of investigations need to be done to restore the child back in case the child has been lost of kidnapped or such negative aspects comes in the way of availability of legally adoptable children.
Stringency of adoption laws
Women and Child Development Ministry has appealed to United Kingdom to come and adopt children from India because their adoption laws have become stringent because of child trafficking.
Bahl agrees that adoption laws in India are too stringent not only prospective parents in this country, but also for prospective parents from other countries. As per the laws, first children have to be given to Indians, who are in India for adoption, then the second category if NRIs, third preferred category is given to the couple, if one of them is Indian and in that matter, foreigners come at the fourth or the last category. So, foreigners have to stand in the queue. “Therefore, even if this invitation is made, for them, availability of children will be very difficult,” said Bahl.
If adoption laws are made less stringent, isn’t there a danger of increase in child trafficking?
“Actually the laws we have in place are fairly good on paper,” said Bhargava. She pointed out that there is a need to go to the bottom to find out where the children are. Indicating the need for a database, she indicated that there should be records of lost children, destitute children, children who are neglected and children who are available for adoption. If those aspects are really looked at, then the procedures, the laws are pretty much well in place. “It’s actually the availability of the children and how they come to the adoption net, which need to be addressed,” said Bhargava.
Role of state
The state is totally falling on the list of priorities. Healthcare figures are not even 3 per cent of GDP, child welfare is also not a big issue. So, what the state urgently needs to do?
“The state needs to do a whole lot,” said Bhargava. She also indicated that, the state needs to be proactive, it has to become less suspicious of NGOs that are doing work in this field and there has to be trust on both sides, people should be moving around and just not seated at their offices, good monitoring system and very good databases.
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