PC-PNDT Act: Kerala Woman Moves High Court Against Husband, In-Laws Who Allegedly Gave Her Instructions On How To Conceive 'Good Boy Child'

The woman alleged that she was handed over a note by her husband and his family containing certain 'pre-conception sex selection methods' for conceiving a 'good boy child' and not a girl child on the first day of her marriage itself. She seeks action against them under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994.

It is "shocking" to hear that such instances take place in Kerala also, Justice Devan Ramachandran orally remarked. The bench has granted time to the respondents to take instructions in the matter, observing that High Court may not be the appropriate forum for considering the grievance involved in the plea.

The marriage of the petitioner-woman took place in the year 2012 and she claims that on the first day of marriage itself, she was handed over the impugned note by her husband and his family for following certain instructions for conceiving a 'good boy child' since they believed that a girl child was a financial burden.

“...The note contained explicit instructions dealing the exact manner and time to perform sexual intercourse so as to ensure a 95 per cent chance of conceiving not just any boy, but a 'good boy child'. The groom and his family emphasized that petitioner have to follow the instructions in the note as they believed that girls were always a financial burden…” the plea stated

However, in the year 2014, the woman gave birth to a healthy girl child contrary to the family's expectations. She alleged that the family's cruelties continued even after the birth of the girl child. The parties have initiated various litigations in the Family Court, some were disposed of, and some are still pending.

The plea alleged that the actions of the husband and his family were contrary to the provisions of the PC & PNDT Act and were illegal. Section 22 of the Act prohibits advertisements relating to pre-natal sex determination and makes it a punishable offence.

The petitioner stated that she had sent letters to the Director of the Pre-Natal Diagnostic Division and the Additional Director (Family Welfare) to conduct an investigation and take stringent action against her husband and his family for violation of the PC & PNDT Act. She alleged that even after receiving her complaint, the authorities have failed to take any further action.

The petition was moved by Advocates V John Mani, Sethulakshmi K.K., Varghese Sabu, Vishal Nair.A., Abhirami C. Unni

Case title: A v Union Of India

Case number: WP(C) 6695/2024