On April 24, Justice Swarna Kanta Sharma of Delhi High Court expressed concern about the social menace of illegal sex determination of foetus, followed by illegal and unsafe abortion of female child.
Foetal sex determination and selective sex abortion has grown into a Rs.1000 crore industry in India. There was a dire need to stop female foeticide and to address the declining sex ratio in India.
The verdict came while dealing with a petition for quashing of a FIR under Pre-conception and Pre-natal diagnostic techniques (Prohibition of Sex Selection) Act, which regulates the use of Pre-natal diagnostic techniques like ultrasound and amniocentesis.
Facts of the case
Appropriate Authority, PC&PNDT, Rohtak had received information regarding illegal sex determination of foetus being carried out at Jeewan Hospital, New Delhi. On the basis of raid and recovery, the SDM had given a hand-written complaint to the SHO and the FIR was registered against the accused persons. Pursuant to the investigation, a chargesheet was filed. The magistrate took cognizance and proceeded to summon the petitioner, which was under challenge.
The petitioner argued that no FIR or chargesheet could have been filed in the present case since the offence is under the PC&PNDT Act, which is a special legislation and all the proceedings including investigation, filing complaint can only be performed by the Appropriate Authority.
The court observed that Section 28 of the Act only bars taking of cognizance by court of law and does not bar registration of FIR or investigation by police. When the appropriate authority informed the police about the commission of an offence under the Act, the police was duty-bound to register an FIR.
The court found no ground for quashing of FIR and held that the police had carried on the assisted investigation only at the request of the Appropriate Authority.
Court directions
To address the ambiguity in the Act, the court passed following directions and a timeline of three months to comply1. All the ministries concerned i.e. Ministry of Law and Justice, Ministry of Health and family welfare, Department of Health and family welfare and Government of NCT of Delhi to create awareness amongst stakeholders for the effective compliance of the mandate of the Act.
2. Creation of some online portals or websites for the general public, who can lodge a complaint without going to the office of the district Appropriate Authority in person.
The judgment will act as a catalyst to create awareness of the profound conflict that plagues women who are torn between societal and familial pressure to bear sons and the emotional stress and moral uncertainty they experience for not bearing a male child.
