The Delhi High Court has recently stated that the practice of gender assignment diminishes the value of women’s lives and strikes at the hope of a discrimination-free society.
Judge Swarana Kanta Sharma said the practice fosters a culture where girls are viewed as a burden rather than equal members of the community, and puts pregnant women at risk by exposing them to dangerous medical procedures.
“Outside the family, such acts corrode the social conscience and strike at the hope of society being free from discrimination. If such practices are allowed to continue, it would cause message that human life has little value and hence it is imperative that the law intervene decisively to send a clear message that every life irrespective of gender is entitled to protection and dignity,” the court said.
Justice Sharma made his observations but denied anticipatory bail to the man in an FIR registered for offenses punishable under Sections 316(2), 89 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, 85.
He was accused of illegally performing an ultrasound examination of a woman in her third pregnancy, in which the fetus was found to be female. He later died after undergoing medical surgery.
The man was also alleged to have participated in an organized scheme promoting illegal gender determination in violation of the PNDT Act.
Dismissing the plea for anticipatory bail, Justice Sharma observed that according to the Delhi Police report, the accused and his son were actively working together to conduct illegal ultrasounds with the aim of determining the sex of the fetus and promoting a practice which is not only illegal but also highly detrimental to the interests of the society.
The court further noted that both defendants were motor mechanics by trade who had run a side business of performing illegal ultrasounds on pregnant women for the sole purpose of determining the gender of the unborn child.
“The practice of determining the sex of a fetus and taking subsequent action based on that information is not only a violation of the law, but every such case devalues a woman’s life and shows that some lives are considered less valuable than others because of their sex,” the court said.
It added that the recovery of the instruments used in the crime, the questioning of the accused and the identification of other persons involved are necessary steps to prevent the recurrence of the crime and ensure accountability.
The court noted that any leniency or leniency in such matters could encourage others to do similar acts.
“Therefore, strict action is needed not only to secure justice in the present case, but also to secure the wider interests of society and to secure the rights of every unborn female child and woman carrying a woman’s property. The court finds that the current applicant has not joined investigation and his custodial interrogation is necessary at this stage,” the court said.
Title: BHUPENDER SINGH v STATE NCT OF DELHI
Click here to read the order