Moulding for Labour: Female Labourers Forced To Go ‘Womb-less’

Moulding the Female Body for Labour: Female Sugarcane Labourers Forced To Go ‘Womb-less’ To Boost Productivity in India’s Beed District 

Plight of women labourers

India is the second largest producer of sugarcane in the world with the state of Maharashtra ranking the top spot. However, the women in Beed district of Marthwada region in Maharashtra are suffering as indicated by study conducted by Maharashtra State Commission for Women in 2018, which showed the rate of hysterectomy of women in the district to be 36%.

Hysterectomy or surgical menopause is the procedure by which uterus is removed either as a whole or part. The district has reported unusually high rate of hysterectomy to bolster productivity in sugarcane cutting and to avoid the effects of menstruation on total working hours.

Menstrual hygiene is a rampant problem for women working in the fields as they do not have access to toilets or pharmacies while spending long hours doing labour. The contractors of sugarcane fields further give preference for womb-less women to work in the fields as they consider that they would take less leave compared to menstruating women. The rate of hysterectomy is further proliferated by child marriage, poverty, water scarcity and lack of access to health facilities and toilets.

Human Rights Violation

In Dr. Narendra Gupta v. Union of India and Others, 2013 the respondents uncovered a widespread pattern of doctors performing medically unnecessary hysterectomies in the Indian states of Rajasthan, Bihar and Chhattisgarh to obtain high insurance fees. In this case, the apex court ordered the State government to provide ample compensation to such women and to implement a monitoring scheme in the health industry.

Despite the landmark judgement in this area, mass hysterectomy is still being done in the Beed district due to two main reasons. Firstly, it is supposed that menstruation obstructs work. Secondly, the doctors take money from these workers by making them believe that surgery is the only permanent solution available to ease menstrual pain.

In England, the standard applicable regarding disclosure is the Bolam test which was first laid down in Bolam v. Friern Hospital Management Committee. The test has been generally accepted in India as held by the Supreme Court of India in Samira Kohli v. Dr. Prabha Manchanda. As per the test, the doctor has a duty to disclose information about the potential risks of any proposed medical treatment and alternative remedy if available.

The Universal Declaration of Human Rights emphasises both health right and human right for mother and children (Article 25). Article 7 of International Covenant on Civil and Political Rights, Article 10 (h), 12, 16 (e) of Convention on Elimination of Discrimination of all forms against Women and Beijing Declaration and Platform for Action upholds the right of a woman to make decisions of her body.

In India, the Constitution is the principal law of the land. Article 14, 15, 16, 19 and 21 of the Constitution are important facets of human rights. In addition to fundamental rights, the Directive Principles of State Policy play an essential role in protecting human rights.

The women in the Beed district have to carry heavy loads even while being pregnant or menstruating. To circumvent the pain and other complications, contractors and doctors ask them to undergo hysterectomy. It is pertinent to note that despite there being a plethora of laws to protect the rights of women, they have not been implemented effectively. For instance, the Plantation Labour Act of 1951 provides for creches, latrine and urinal facilities and many other general provisions. However, it has not been executed properly. Robust action needs to be taken for their effective implementation. The recurrent attacks on women' s bodily autonomy is a tell-tale sign of a faltering nation.