[Selective Sex Birth] 'No Place For Such Nefarious Activities In Civilized Society; Strong Message Be Sent To Perpetrators': Delhi Court

Dealing with a case concerning prenatal sex discernment, a Delhi Court observed that when Government is running schemes like 'Beti Bachao Beti Padhao' a strong message has to be sent to those involved in such practices.

The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 prohibits determination of sex of a fetus before birth. This was introduced to prevent the evil of female foeticide.

Additional Sessions Judge Samar Vishal observed thus:

"In the times when the government is running schemes like "beti bachao, beti padhao" all those who are involved in such nefarious activities needs a strong message that these feudal practices cannot be permitted at any cost. Those who commit such crimes are menace to society. In a civilized society there is no place for such crimes."

He added:

"Although sex selection in India is banned, the general public perception is that it is easily available in clinics throughout the country and involvement of the companies will not only further aggravate the issue but will diversify the operations of such criminal activities."

The Judge relied on Voluntary Health Assn. of Punjab v. Union of India, (2013) 4 SCC 1, where the Supreme Court had held that female foeticide is the worst type of dehumanisation of the human race. "Law prohibits it; Scriptures forbid it; philosophy condemns it; ethics deprecate it; morality decries it, and social science abhors it," the Top Court had said.

In the present case, the accused were allegedly running an entire company for prenatal sex discernment. The IO had submitted that the offence is very serious since the accused persons were part of a "vicious global racket in this crime of selective sex birth which is banned in India."

While stating that the alleged actions of the accused, if true, are shameful, the Court also pulled up the Police for its slow investigation in the matter. It said:

"...investigation is going on at snail's pace and without any seriousness. The FIR is of October 2019 and no substantial progress has been made in the investigation."

Asking the investigating agency to be active now, the Court ordered:

"Let the matter be brought to the notice of Deputy Commissioner of Police Crime Branch, who shall supervise the further investigation of this case and shall ensure that the investigation is expedited. If no results are yielded despite this, court will not hesitate to report the matter to Commissioner of police for action."

Case Title: State v. Aditya Kandoi & Ors.

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