Women Experience 'Dual Violence': Delhi HC On Sex-Determination Based Abortions

The Delhi High Court was hearing a petition of a man seeking the quashing of an FIR registered against him at Police Station, Sunlight Colony. He was charged under Sections 3A, 4, 5, 6, 23 and 29 of the Preconception and Prenatal Diagnostic Techniques Act (PCPNDT) that was enacted in 1994 to stop female foeticides in India and create a balance in the sex ratio between males and females.

Quashing Manoj Krishan Ahuja’s request, the court has also issued several directions for the effective implementation of the act in the country. t A copy of the judgement has been sent to the Government of India, Ministry of Law and Justice, Department of Health and Family Welfare, Ministry of Health and Family Welfare, Commissioner of Police, Delhi, Delhi Judicial Academy for Information and Compliance, Government of NCT Delhi, and Director (Academics).

It has also asked the concerned departments of the Central Government and State Government to share a compliance report within three months.

‘Sex-Determination Based Abortions Perpetuate Gender Inequalities’

Justice Swarna Kanta Sharma said, “Sex-determination-based abortion is a powerful method of perpetuating gender inequalities.”

She noted that determining sex of a foetus is restricted because of the existing problem of misogyny, which affects women around the globe, irrespective of their social and economic status. The PCPNDT Act was established to protect women and their unborn child.

The judgement stated that the court was aware of the conflict that plagues women who are often torn apart by the pressure from families and society to bear sons. They go through emotional stress and moral uncertainty if they cannot provide the family with an heir.

The court also noted that though the country has progressed in the past few decades, there is still a lot of work that needs to be done to eradicate sex determination and gender discrimination tests.

Justice Sharma said, “The offences under this act (PCPNDT), which are proposed to be curbed, give rise to dual violence against the unborn female child and against the mother by putting her health in danger by forcing them to undergo abortions.”

She added that if the restrictions are lifted on sex determination, women carrying girl children will be forced to undergo an abortion. Justice Sharma also said that the PCPNDT act was enacted viewing the declining sex ratio and issues related toempowerment of women. However, it has not been implemented in its true spirit.

District Appropriate Authorities To Be Reachable Via Online Portals & Websites

The court mentioned that it was high time that District Appropriate Authorities should be within the reach of common laymen. Therefore, it suggested the creation of websites and online portals for this purpose.

Justice Sharma instructed to create a space for the general public to learn about the procedure and place to file a complaint. The contact information, including phone numbers and email IDs of authorities, will be available on these portals. These portals will also mention medical techniques that are being carried out to determine the sex of the baby in the mother’s womb.

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Illegal Sex Determination In India

In January 2023, the health department conducted a raid in Faridabad and arrested a man conducting illegal sex-determination tests and abortions based on them. It was the fourth raid in Delhi NCR. He was a class 12 pass-out. He was asking ₹1,000 for illegal abortions (Abortion Rights In India).

Only a few hours ago another illegal sex-determination racket was busted in Agra, reported India Today. Such reports keep surfacing despite a law against the crime. People want a male child so badly that they opt for an illegal path to determine the sex of the foetus and kill it in the womb if it’s a girl. A June 2020 report by The Print pointed out that India accounted for 4.6 lakh girls missing at birth between 2013 and 2017.

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According to a report published in Down to Earth in 2023, the sex ratio in India will improve in 2036. The female and male ratio might stand at 952:1000. The new directions by the Delhi High Court aim to improve the current scenario and reduce the aforementioned numbers significantly.