Gender bias starts from womb; it should be beta padhao, beti bachao: Bombay High Court CJ Devendra Upadhyaya

Gender discrimination starts right from birth and patriarchy has roots in culture, Bombay High Court Chief Justice Devendra Kumar Upadhyaya recently said..In this regard, he said that boys have to be educated about patriarchy and gender discrimination and also said that the slogan Beti Padhao, Beti Bachao needs to be reexamined."Instead of 'Beti Padhao, Beti Bachao', it is more important to adopt - 'Beta padhao, Beti bachao'. This patriarchy has its roots in culture. That needs to be changed. Only then, perhaps, we will be able to attain the goal of equality," he said.The notion that women have been assigned a particular role in society must wither away, he added.Chief Justice Upadhyaya was speaking at the project launch of 'Nirdhar Samantecha', an initiative to promote women's and girls' human rights and empowerment..In his address, the judge touched upon the abysmal enforcement of legislation concerning gender-related violence.He noted that the Domestic Violence Act was still at a nascent stage while the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT Act), which prohibits sex determination of unborn children, does not appear to be used to its full potential."There is no data available so far as the State of Maharashtra is concerned, to analyze the progress made in implementation and administration of the PCPNDT Act. But my experience in the State of UP is that this Act has not been utilized to its potential. The discrimination starts from the womb of the mother. The irony is that this discrimination is accepted to the extent of being encouraged in several sections of society," he said. The judge added that the PCPNDT Act needs to be administered properly, not only by the courts but by the executive as well as civil society..Philosophically speaking about the deep-rooted nature of patriarchy, Justice Upadhyaya further said,"I may be about 58 years old, but I think I am 2058 years old. I carry something which has gone on in the society where I am born, for 2000 years. So that baggage which we carry of the past 2000 years needs to be shunned first. This is the major reason because of which we tend to think that this kind of discrimination is not only permissible but also acceptable, and in some societies, it is preferred despite the enactment, despite the prohibition and penalties. This is the major reason which acts towards gender discrimination.".He called for a change in the mindset to undo the gender discrimination that has become acceptable over the years. He underscored that education, legal education clinics, interaction of law students with the rest of society is crucial to this unlearning process."Whatever we have learned for 2058 years needs to be unlearned first, lest we will always be in denial mode ... This unlearning (should take place), and thereafter learning can come only by legal awareness - the kind of awareness or legal education which is required not only amongst students but amongst the general populace in the rural background. These sex determination centers are not situated in rural areas. They are situated mostly in urban areas," he pointed out..He explained that as long as people are in denial mode about gender discrimination, they would not realise that simple acts also lead to gender discrimination."We realize it at a very late stage. This realization has to come at the earliest in one’s life by creating more awareness, by creating better education for all," he stated..The Chief Justice also spoke about gender-based violence and discrimination, particularly domestic violence and child marriage, prevailing in the Marathwada region of Maharashtra. "The basic reason for gender-based violence, discrimination and child marriage is that this society still is primarily an agrarian society which has its own peculiar social relations and cultural value system," he said. .He went on to appreciate the ambitious Nirdhar Samantecha project, which tackles such issues. He lauded the law students who have associated themselves with the project as well. "Students studying here, or any law college in Marathwada, are not only studying law books, but going beyond it," he said..The Nirdhar Samantecha project is being led by the Swiss Agency for Development and Cooperation and is being co-funded by the European Union. The project began in March 2023 and is slated to end in February 2026. The implementing partners of the project include Manavlok, Grameen Mahila Vikar Sanstha (GMVS), Halo Medical Foundation, and ILS Law College, Pune