The campaign against sex-selective abortion is a cynical effort to take choice away from pregnant women

Sex selective abortion is abhorrent, and it must be prevented. But there is no evidence of widespread sex-selective abortion in the UK. By campaigning against it, the <em>Telegraph</em> is able to recruit the support of people who would normally stand ver

What did Dr Prabha Sivaraman do wrong? She said this: “I don’t ask questions. You want a termination, you want a termination.” The woman she said this to wasn’t even pregnant: she was a Telegraph journalist claiming to want an abortion because of the sex of the foetus. The result of this sting has been another strand of the Telegraph’s long-running attack on abortion provision.

Previous installments in this war include the Telegraph claiming (wrongly) that “one in five abortion clinics breaks law”, and it promoting Maria Miller’s muddled and false claims that the abortion limit should be reduced “to reflect the way medical science has moved on”. (Easy one, this: given that the medical science hasn’t actually moved on, abortion law can reflect it by staying put.) What’s different this time, though, is that the sex-selection angle has allowed the Telegraph to recruit the support of people who would normally stand very far away from such campaigns.

On Wednesday, the Crown Prosecution Service Service announced that while there was enough evidence to justify bringing proceedings against Dr Sivaraman and Dr Palaniappan Rajmohan (caught in a second Telegraph set-up), there was insufficient public interest in doing so. The Telegraph did not like this. On Friday, its front page announced: “Abortion laws left ‘meaningless’ as doctors put ‘above the law’” .

Health secretary Jeremy Hunt (who supports halving the abortion limit to 12 weeks) demanded answers, so did the shadow attorney general. And even people who don’t consider themselves anti-abortion grew concerned and head-shaky, like Tom Chivers of the Telegraph who said: “Pro-choice feminists should be more concerned than anyone by the sex-selection abortion story” .

Let me introduce myself. I am a pro-choice feminist, and I’m intensely concerned. Not because I think the CPS has allowed femicide to go unpunished – remember, no abortions arose from these consultations, and there is no evidence of widespread sex-selective abortion in the UK – but because this is a cynical and determined effort to take choice away from pregnant women.

If you think the Telegraph would be satisfied with the prosecution of two doctors, then you’re not paying attention. (The fact that the paper is pursuing this vendetta against choice while also running a campaign for better sex education is just the caramelised irony skin on the crème brûlée of compulsory pregnancy.)

Despite what the Telegraph’s outrage suggests, the law offers several likely reasons for the CPS’s decision – including, as legal blogger Greg Callus notes, the fact that sex-selective abortion may well be wrong but it’s not actually illegal in England and Wales. Under the 1967 Abortion Act, an abortion is legal when “two registered medical practitioners are of the opinion, formed in good faith… that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family…”

Abortion for sex selection wouldn’t necessarily pass that test, but any prosecution would essentially be a trial of the doctors’ “good faith”: did they genuinely believe that the woman requesting the termination would be harmed more by giving birth to an unwanted baby girl than by ending the pregnancy? And when Dr Sivaraman says “you want a termination, you want a termination,” it seems to me that she is, precisely, taking the testimony of her patient in good faith.

At this point, it’s worth remembering that the punishments inflicted on women for bearing unwanted girls, and on girls for being unwanted, are both real and severe: a culture that hates you before you’re born does not soften towards you just because you’ve passed the cervix. Violence, neglect, abuse, rape and murder are all commonplace for the female populations of femicidal societies. The phenomenon of missing women is a scar on a scar, a horrifically damaging imbalance that speaks of profound and wounding misogyny.

Femicide is a product of cultures that treat women as property and deny them their full human rights. And critically, one of those human rights is the right of women to control their own fertility. The fact that a woman’s reason for wanting or not wanting a baby might be founded on sexism is not a matter for the consulting room. Doctors are guardians of our wellbeing, not policemen of our morals, and if we accede to the Telegraph’s campaign, we accede to the principle that a woman cannot be trusted with decisions about her own body.

Sex selective abortion is abhorrent. It must be prevented, and there are several ways this might be done. For example, withdrawing sex-screening from NHS hospitals wouldn’t stop prospective parents from finding out if they’re having a boy or a girl, but it might be a powerful way to signal that it doesn’t matter what sex their baby is. Or perhaps doctors like Sivaraman should ask some questions – such as, “Do you feel pressured into having an abortion?” Above all, though, we must treat adult women as rational and entitled to the fruits of their own choices. Because it is impossible to create a sexism-free society by forcing women to give birth to babies they do not want.

Friday's Daily Telegraph front page (courtesy of @suttonnick on Twitter).

Sarah Ditum is a journalist who writes regularly for the Guardian, New Statesman and others. Her website is here.

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BHS is Theresa May’s big chance to reform capitalism – she’d better take it

Almost everyone is disgusted by the tale of BHS. 

Back in 2013, Theresa May gave a speech that might yet prove significant. In it, she declared: “Believing in free markets doesn’t mean we believe that anything goes.”

Capitalism wasn’t perfect, she continued: 

“Where it’s manifestly failing, where it’s losing public support, where it’s not helping to provide opportunity for all, we have to reform it.”

Three years on and just days into her premiership, May has the chance to be a reformist, thanks to one hell of an example of failing capitalism – BHS. 

The report from the Work and Pensions select committee was damning. Philip Green, the business tycoon, bought BHS and took more out than he put in. In a difficult environment, and without new investment, it began to bleed money. Green’s prize became a liability, and by 2014 he was desperate to get rid of it. He found a willing buyer, Paul Sutton, but the buyer had previously been convicted of fraud. So he sold it to Sutton’s former driver instead, for a quid. Yes, you read that right. He sold it to a crook’s driver for a quid.

This might all sound like a ludicrous but entertaining deal, if it wasn’t for the thousands of hapless BHS workers involved. One year later, the business collapsed, along with their job prospects. Not only that, but Green’s lack of attention to the pension fund meant their dreams of a comfortable retirement were now in jeopardy. 

The report called BHS “the unacceptable face of capitalism”. It concluded: 

"The truth is that a large proportion of those who have got rich or richer off the back of BHS are to blame. Sir Philip Green, Dominic Chappell and their respective directors, advisers and hangers-on are all culpable. 

“The tragedy is that those who have lost out are the ordinary employees and pensioners.”

May appears to agree. Her spokeswoman told journalists the PM would “look carefully” at policies to tackle “corporate irresponsibility”. 

She should take the opportunity.

Attempts to reshape capitalism are almost always blunted in practice. Corporations can make threats of their own. Think of Google’s sweetheart tax deals, banks’ excessive pay. Each time politicians tried to clamp down, there were threats of moving overseas. If the economy weakens in response to Brexit, the power to call the shots should tip more towards these companies. 

But this time, there will be few defenders of the BHS approach.

Firstly, the report's revelations about corporate governance damage many well-known brands, which are tarnished by association. Financial services firms will be just as keen as the public to avoid another BHS. Simon Walker, director general of the Institute of Directors, said that the circumstances of the collapse of BHS were “a blight on the reputation of British business”.

Secondly, the pensions issue will not go away. Neglected by Green until it was too late, the £571m hole in the BHS pension finances is extreme. But Tom McPhail from pensions firm Hargreaves Lansdown has warned there are thousands of other defined benefit schemes struggling with deficits. In the light of BHS, May has an opportunity to take an otherwise dusty issue – protections for workplace pensions - and place it top of the agenda. 

Thirdly, the BHS scandal is wreathed in the kind of opaque company structures loathed by voters on the left and right alike. The report found the Green family used private, offshore companies to direct the flow of money away from BHS, which made it in turn hard to investigate. The report stated: “These arrangements were designed to reduce tax bills. They have also had the effect of reducing levels of corporate transparency.”

BHS may have failed as a company, but its demise has succeeded in uniting the left and right. Trade unionists want more protection for workers; City boys are worried about their reputation; patriots mourn the death of a proud British company. May has a mandate to clean up capitalism - she should seize it.