Sex-determination of foetus leads to misogyny, gender inequality: Delhi High Court issues directions for strict implementation of PCPNDT Act

The Delhi High Court on Monday passed a series of directions to be followed by the authorities for effective and strict implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT Act)..Justice Swarana Kanta Sharma passed the directions noting that abortion of foetus based on sex-determination is a powerful method of perpetuating gender inequalities."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 child," the judgment stated. The Court further said that the PCPNDT Act has had a positive impact to some extent in creating fear of sex-determination tests but the need for a safe womb for a female foetus was another issue which was sought to be addressed by this Act and that objective is yet to be totally achieved.“The offences under this Act, which are proposed to be curbed, give rise to dual violence i.e. 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 noted..It, therefore, said that the contents of the PCPNDT Act and Rules be brought to the notice of the District Appropriate Authorities, Investigation Officers, as well as Prosecutors regarding specific mandatory provisions of Section 28 of the Act and as to what procedure is to be adopted in ensuring that complaint is filed under the Act.The Court said that the efforts be undertaken by the Central as well as State governments to ensure clarity among the appropriate authorities about their duties and powers for ensuring effective compliance with the mandate of PCPNDT Act and better communication within the officials of the Authorities.“Training and sensitization programmes can be organised for the officials who are concerned with the implementation of PCPNDT Act.”The Court further said that it would be appropriate if online portals and websites are created for lodging complaints and to notify and inform the general public about the procedure, place and mechanism to lodge such a complaint.“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 ther place deemed appropriate by the concerned authorities of 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 Court ordered its observations and directions to be placed before the union ministries of law and justice as well as health and family welfare and the Delhi government, Delhi Police and Director (Academics), Delhi Judicial Academy.“The concerned Ministries/Departments of Central Government and State Government will ensure that such steps are taken, as directed above and compliance is filed within three months,” the single-judge ordered. .Justice Sharma issued the directions as she refused to quash an FIR registered against a man named Manoj Krishna Ahuja under several sections of the PCPNDT Act.The Court, however, quashed the cognizance taken by the trial court in absence of any complaint filed by Appropriate Authority under Section 28 of the Act. The court held that the same was bad in law..Senior Advocate Govardhan along with advocates Jyotsna Bhuchar and Anmol Singh appeared for the petitioner.Additional Public Prosecutor Manoj Pant appeared for the State. .[Read Judgment]