Pre-birth sex-determination leads to gender inequality: Delhi HC issues strict directions

The Delhi High Court issued a series of directives to the authorities on Monday to ensure the effective and strict implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT Act).

Justice Swarana Kanta Sharma noted that abortion of fetus after determination of sex perpetuates 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 read.

The Court stated that the PCPNDT Act has been successful to some extent in creating fear of sex-determination tests but the objective is yet to be totally achieved as the act also aimed at ensuring safe womb for a female fetus.

“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.

As a result, it stated that the contents of the PCPNDT Act and Rules be brought to the attention of District Appropriate Authorities, Investigation Officers, and Prosecutors regarding specific mandatory provisions of Section 28 of the Act and the procedure to be followed in ensuring that a complaint is filed under the Act.

The Court directed that efforts be made by the Central and State governments to ensure clarity among appropriate authorities about their duties and powers in order to ensure effective compliance with the mandate of the PCPNDT Act and better communication among Authority officials.

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.