Bombay High Court restores case against Kirtankar Nivrutti Maharaj booked for asking couples to have sex on even days to conceive male child

The Bombay High Court recently denied relief to a kirtankar (psalmist) who said that couples wanting to conceive a male child should perform sexual intercourse on even days [Ranjana Pagar-Gawande vs Nivrutti Kashinath Deshmukh-Indorikar]..The Court said that giving techniques in public speeches on how to conceive a male child would amount to advertising for 'sex detection' under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT Act). Justice Kishore Sant of the Bombay High Court, Aurangabad bench, refused to accept the accused the kirtankar's contention that this speech was made for educational purposes."Writing a book for study for academic purpose cannot be equated with the acts alleged in this case. Preserving & imparting knowledge is always to be done in particular manner to the persons interested to gain the knowledge. There is no case of the accused that he was giving lecture to students of medicine," the judge said in the order passed on June 16. The Court, therefore, set aside a decision of the sessions court which had quashed the case against the kirtankar, Nivrutti Maharaj..Kirtankars are persons who compose sacred songs and psalms and give speeches in a lucid manner before a gathering. They usually hold sway over people in rural and semi-urban areas. .On January 4, 2020, Nivrutti Kashinath Deshmukh-Indorikar, (popularly known as Nivrutti Maharaj), a professional kirtankar, gave a speech before a gathering at Sangamner in Ahmednagar district. He spoke about the so-called techniques on how to conceive a male child while referring to extracts from religious texts and books on Ayurveda. He had said that if the husband and wife come in contact on even dates, a male child is conceived. If it is on odd dates, a female child would be conceived, he added. He also said that if the contact takes place at an inauspicious time, then the child born would spoil the name of the family. Further, he claimed that after six months of pregnancy, if the fetus takes a turn round to the right side, it would be a male child and if it is to the left side, it would be a girl. The speech was uploaded on YouTube as well..The controversial speech was flagged by one, Ranjana Pagar-Gawande, who is a member of an anti-superstition organisation, Andhashraddha Nirmoolan Samiti. Pursuant to representations made by her, the authorities lodged a case against the kirtankar under the PCPNDT Act. The case was pending before the Magistrate court in Sangamner before it was quashed by a sessions court. Gawande filed the present writ petition before the High Court against the sessions court order..The authorities asserted that the speech given by Nivrutti Maharaj fell within the definition of advertisement for sex detection, as described under section 22 of the PCPNDT. The High Court noted that Section 6 of the PCPNDT Act clearly provides for a ban on sex determination, both before and after conception. It stated that such advertisements for sex detection need not happen only in clinics or diagnostic centres. "In this case if the words are taken as it is certainly may appear to be advertisement or propagating technique of sex selection. The words advertisement, propagation are used in wide sense and needs to be taken in their wide meaning. It cannot be restricted only to the extent of diagnostic centre, clinic but anything that propagates or tries to impose upon the message that by use of certain techniques sex of foetus can be selected," the High Court held. It further held that the sessions court not only erred in quashing the process issued against the accused but that it was also wrong in its interpretation that sex detection advertisements could only take place in a clinic or a diagnostic centre..The High Court also noted that Nivrutti Maharaj had accepted his speech and its content. "He has not only advertised but has claimed the information about the techniques to be correct and having scientific base. He also supports that such texts has religious sanctity which make it more serious looking to the people before whom speeches are made," the bench underscored. .Hence, the High Court restored the case against the kirtankar. .Advocates Jitendra V Patil and Neha Kamble appeared for the complainant. Senior Advocate Rajendra Deshmukh along with advocates RS Navandar, Pawar and Sanket A Jadhav appeared for Nivrutti Maharaj. Additional Public Prosecutor PN Kutti represented the State. .[Read Order]