I do not regularly post in this group. However, after reading the discussion
on S. 15 of the UP Population Control Bill, I felt compelled to speak. If we
cannot collectively raise our voices against such blatant display of ableism
and pure and simple discrimination, then we might as well shut this group
down and go home. These words sound harsh, I know, but nothing less would
suffice to respond to the insensitivity displayed by those supporting the
provisions at issue. Here are my thoughts.

 

First, please understand what this provision [S. 15] seeks to do. It seeks
to inscribe into law a provision that would say that the rule that you can
only have two children, created by this law, will not apply in the event
that you have a disabled child. In such cases, you are entitled to have
three children. In other words, the Bill says that a disabled child simply
does not count as a child. It says that, as parents, you are entitled to a
do over if a child with a disability is born to you.

 

Second, if the above does not constitute a frontal assault to the dignity of
disabled bodies, I wonder what does. If the above provision does not negate
the personhood of the disabled, I wonder what does. If the above provision
does not inscribe into law the most horrific stereotypes about having a
disability that we all seek to confront everyday in direct and indirect
ways, I wonder what does.

 

Third, to say that the bill would have been criticized even if it did not
have such a provision and hence we should just put up with our statutorily
sanctioned humiliation and negation, I am sorry to say, reflects a way of
thinking that is dismissive at best and appallingly discriminatory at worst.


 

Fourth, the claim that the criticism of the provision is only academic and
is divorced from prevailing ground realities is an equally problematic view.
It is true that many still view having a disabled child as a curse. That
they feel that a disabled offspring will not be able to contribute
productively. That she would be an undue burden. And that there is a need to
have an able-bodied child to compensate for this deficit. However, the
existence of this thought process is a reason for us to fight tooth and nail
against any attempts to codify these beliefs into law. We must do everything
we can to interrogate, contest and dismantle this type of thinking. Not put
our weight behind those who seek to legitimize it by inscribing it into law.
In other words, the ground realities that one member speaks of are the very
reason why we should fight back against this provision.

 

Fifth, as another member points out, the selfsame arguments that are being
deployed to support this provision have been used in the past to support
attempts to kill the girl child. Many facts of life that confront us in
everyday life are horrendous and unfortunate. That is no reason to defend a
law that seeks to sanction these unfortunate realities.

 

Sixth, as disabled people who strive everyday to realize our full potential
and to break down the barriers standing in our way, it is profoundly sad
that some of us are willing to unhesitatingly subscribe to the stereotypes
that this provision embodies. Do we really think that a disabled life
matters less? That a disabled person cannot contribute productively? That
they cannot do as well as, if not surpass, their able-bodied siblings? To
the extent that this is so, isn't the society we inhabit also to blame for
the disabled not realizing their full potential?

 

Lastly, granted, some children may actually be born with disabilities that
are so severe and limiting that they may not be able to lead lives of
productivity or a life without significant pain. Even if we accept for a
moment that a deviation from the two child norm would be okay in such cases,
that is not what this bill does. The provision does not deal with
disabilities meeting such a high bar. It applies to those with all 21
disabilities covered by the 2016 Act, irrespective of their impact on the
disabled child.

 

I will conclude with the painful observation that the ableism displayed by
the disabled sometimes surpasses that exhibited by the able-bodied. With
friends like these, who needs enemies?

 

Rahul

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