Woman Brings Life To Earth, Feeling That Girl Child Is Less Than Boy Child Must Stop: Kerala High Court Observes

The Court was hearing a plea moved by a woman alleging that she was handed over a note by her husband and his family on the first day of her marriage itself, containing instructions on how to conceive a male child. She seeks investigation and action against them under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, of 1994.

Justice Devan Ramachandran orally observed, “This thing should stop, it has to stop. This feeling that girl child is lesser than boy child should stop…It is woman who bring life to the Earth.”

The Court enquired, “the demand by in laws or husband to a woman that you will only bear a boy child, what is the violation of law that could come in?...within what ambit of law will that fall in? It requires a thought”. The Court further stated it was horrendously demoralizing and immoral.

The husband and his family (father-in-law and mother-in-law) were impleaded as additional respondents in the matter and the Court directed them to file their counter pleadings.

Advocate P M Rafeek appearing on their behalf submitted that the note was only a verbatim production of an article published in a magazine and was also available online. It was also argued that such allegations were now made by the woman since divorce and custody proceedings were pending between the parties in the Family Court.

The matter has been posted for further hearing next week.

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