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Under Canada’s Criminal Code, a woman who has not “fully recovered” from the effects of birth can be found guilty of the lesser charge of infanticide.  To bring forward the infanticide defense, which carries a maximum sentence of five years, there must be evidence that the woman’s mind was disturbed.

According to the Crown, the evidence showed Effert was not suffering mental disturbance.  They highlighted the fact that she planned for the birth by getting scissors to cut the umbilical cord and towels, and then hiding in the bathroom in her parents’ basement.  They suggested that she had tried to miscarry the child during pregnancy by smoking and drinking.  She lied during initial police questioning, claiming she was a virgin.

But Justice Veit agreed with defense lawyer Peter Royal, saying that this was “a classic infanticide case — the killing of a newborn after a hidden pregnancy by a mother who was alone and unsupported.”

Indian couples have a strong cultural preference, bordering on obsession, for sons over daughters – despite the strides in education and employment that women have made over the last few decades. Education and wealth have nothing to do with it – in fact, some of the worst-affected areas are in India’s wealthiest cities. However discomfiting a possibility, the real culprit might be Indian culture and tradition itself.

The expenses and pressure of the dowry system, and the fact that, in most joint families, only sons inherit property and wealth, contribute to this favoritism. Perhaps just as important is that sons typically live with their parents even after they are married, and assume responsibility for parents in their old age. Daughters, who live with their in-laws after they marry, are viewed as amanat – someone else’s property. In short, sons represent income and daughters an expense.

Many have argued that Indian women should stand up to their families and refuse to abort their daughters. But Indian women want male children just as much.