Sex-determination-based abortion is perpetuating gender inequalities: Delhi HC

New Delhi: Although our country has made considerable progress towards achieving gender equality, the preference for sex determination still exists, the Delhi High Court said on Monday.
It also said that sex-determination based abortion is a powerful method of perpetuating gender inequalities. The High Court has issued a number of directions for the effective implementation of the PreConception and PreNatal Diagnostic Techniques (PCPNDT) Act 1994.
The High Court passed the direction while refusing to quash an FIR registered under the Act.
The High Court has also directed to send a copy of the judgement to the Ministry of Law and Justice, Government of India, Ministry of Health and Family Welfare, Government of India, Department of Health and Family Welfare, Government of NCT of Delhi, Commissioner of Police, Delhi, and Director (Academics), Delhi Judicial Academy, for information and compliance.
The High Court also sought a compliance report from the concerned department of the Central Government and State Government within three months.
Justice Swarana Kanta Sharma in her judgement said, "Sex-determination-based abortion is a powerful method of perpetuating gender inequalities. The restriction of access to foetal sex information is directly related to the problem of misogyny, which affects women of all socioeconomic backgrounds not only in this country but globally as well. The purpose of controlling knowledge of sex or gender is to protect expectant women and their unborn children.
"This Court is aware 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," the judgement stated.
The Court said that despite the progress made, there is still work to be done to ensure that gender discrimination and sex-determination tests are eradicated completely.
"The offences under this Act, which are proposed to be curbed, give rise to dual violence against the unborn female child and against the mother by putting her into health danger by forcing them to undergo abortions. Needless to say, a woman will be forced to undergo an abortion in case she has a female child in her womb, only when an illegal sex-determination test is conducted," Justice Sharma said in the judgement.
The Court pointed out that though the PCPNDT Act was enacted in view of the declining child sex ratio and related issues of women empowerment, the object behind the enactment of the Act has not been understood and applied in its true spirit.
Despite the fact that this issue had been taken seriously by the Hon'ble Apex Court on past several occasions and repeated directions had been passed, shortcomings on the part of authorities in following the necessary procedure under the Act frequently arise before the Courts, as also apparent in the present case, it added.
The Court said that there is a need for training and sensitization of the concerned officials and employees.
The High Court passed directions including Training and sensitization programmes that can be organised for the officials who are concerned with the implementation of the PCPNDT Act.
The Court also said to create an online mechanism to lodge complaints under the Act.
The Court pointed out that present, the details of the District Appropriate Authorities are not readily available or known to a common layman.
In today's world of technology, it would be appropriate if online portals and websites are created for this purpose, if not yet done, to notify and inform the general public about the procedure, place and mechanism to lodge such a complaint.
The High Court also directed that the constitution of Appropriate Authority, their contact details, including the E-mail Id and phone numbers, where a complaint can be made be also mentioned at specific conspicuous places in all the hospitals and clinics, where the facility for ultrasonography or other pre-natal diagnostic techniques are available or are being carried out, or any other place deemed appropriate by the concerned authorities of the Ministry of Health and Family Welfare and Ministry of Law and Justice to ensure that the common person is not misled to file a complaint with an inappropriate authority not competent to ensure action on a complaint.
The petitioner Manoj Krishan Ahuja filed a petition seeking the quashing of an FIR registered at Police Station Sunlight Colony, for the offences punishable under Sections 3A/4/5/6/23/29 of the PCPNDT Act, 1994. The high court refused to quash the FIR.
The High Court however set aside the cognizance taken by the Trial Court on
October 10, 2019, in absence of any complaint filed by Appropriate Authority under Section 28 of the PCPNDT Act, and said that cognizance was bad in law, and thus, the order of October 10, 2019, is set aside."
On the other hand, the high court refused to quash the FIR.
The High Court said that no grounds for quashing of FIR are made out since registration of FIR upon a complaint lodged by Appropriate Authority or any person authorised on its behalf disclosing cognizable offence, the conduct of investigation and filing of chargesheet is not barred under the PCPNDT Act. (ANI)