The preference for sex determination still remains, the Delhi High Court stated on Monday, despite the fact that our nation has made significant progress towards achieving gender equality.Additionally, it stated that abortion based on sex is a potent way to maintain gender disparities.
For the PreConception and PreNatal Diagnostic Techniques (PCPNDT) Act of 1994 to be implemented effectively, the High Court has given a number of directives.The High Court issued the directive but declined to invalidate a FIR filed in accordance with 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.