`Mothers not to blame for infanticide'

The Jakarta Post, Jakarta

A lack of social recognition and legal protection for children born outside of wedlock have contributed to rising cases of infanticide and placed the blame solely on the shoulders of the mothers, a women's rights group has said.

Women's rights activist Nursjahbani Katjasungkana said the mothers should not bear all the blame as they are also victims of discrimination in a society where the legal system goes against children born outside marriage.

She also said that the courts often ignore cases of rape and forced sex and frequently take the side of the male partner.

Society is quick to put a negative label on the women and children while conveniently forgetting the part played by the biological father.

According to the 1974 Law on marriage, children born out of wedlock lose their social and legal claim to their biological father and the birth certificate will state that they are illegitimate.

Katasungkana referred to the antiquated legislation to highlight the plight of women in general, saying: "Women's sexual rights do not enable them to say no to unprotected sex and thus, in a heterosexual relationship, the wife does not even have control over her own body."

But there is hope, she said, with the latest revision of the Criminal Code, which obliges the father of a child born out of wedlock to marry the mother.

However, Nursjahbani believes that time is short as cases of infanticide carried out by mothers out of shame is much higher than the official figure and on the rise, despite the severe punishment stipulated in articles 341 and 342 of the Criminal Code, which carry seven and nine jail sentences, respectively.

"The sentence terms are much more lenient than the social stigma and the financial burden that the mothers, as well the children, have to bear for all their lives," Nursjahbani said.