Sex Determination Undermines Value Of Female Life, Strikes At Hope Of 'Discrimination Free Society': Delhi High Court
The Delhi High Court has recently observed that the practice of sex determination undermines value of female life and strikes at the hope of a discrimination free society.
Justice Swarana Kanta Sharma said that the practice fosters a culture in which girls are seen as burdens rather than equal members of the community, and endangers pregnant women by exposing them to unsafe medical procedures.
“Beyond the immediate family, such acts corrode social conscience, and strike at the hope of a society to be free from discrimination. If such practices are allowed to continue, it would send a message that human life has little value, and it is therefore necessary that the law intervene decisively to send a clear message that every life, regardless of gender, is entitled to protection and dignity,” the Court said.
Justice Sharma made the observations while denying anticipatory bail to a man in an FIR registered for the offences punishable under Sections 85, 316(2), 89 and 3(5) of Bharatiya Nyaya Sanhita, 2023.
He was accused of conducting an ultrasound illegally of a woman in her third pregnancy determining the foetus as female. She later died after her medical operation.
It was also alleged that the man was part of an organised scheme facilitating illegal sex determination in violation of the PNDT Act.
Dismissing the anticipatory bail plea, Justice Sharma noted that as per Delhi Police's report, the accused and his son were actively working in tandem to carry out illegal ultrasounds, with the objective of determining the sex of the foetus and facilitating a practice that is not only unlawful but also highly detrimental to societal interests.
The Court further noted that both the accused persons were motor mechanics by profession, who had been running a side business of conducting illegal ultrasounds of pregnant women with the sole objective of determining sex of unborn child.
“The practice of determining the sex of a fetus and taking subsequent actions based on that information is not merely a violation of law, but each instance of such nature undermines at the value of female life and signals that some lives are deemed less worthy than others due to their gender,” the Court said.
It added that the recovery of instruments used in the offence, custodial interrogation of the accused and identification of other persons involved are necessary steps to prevent recurrence and ensure accountability.
The Court observed that any indulgence or leniency in such matters could embolden others to commit similar acts.
“Therefore, stern action is required not only to secure justice in the present case but also to protect the larger interests of society and safeguard the rights of every unborn female child and a woman carrying female fortus. The Court finds that the present applicant has not joined the investigation, and his custodial interrogation is necessary at this stage,” the Court said.
Title: BHUPENDER SINGH v. STATE NCT OF DELHI