Sex determination of foetus devalues girls, says Delhi HC

The court added that “such acts corrode social conscience, and strike at the hope of a society to be free from discrimination.”

The Delhi High Court has held that the practice of sex determination fosters a mindset that treats girls as burdens and diminishes the worth of female life, while denying anticipatory bail to a man accused of causing his daughter-in-law’s death following an alleged forced abortion.

(Shutterstock)

A bench of justice Swarana Kanta Sharma, in an October 15 order released later, said such acts not only violate the law but also corrode social conscience and endanger pregnant women by exposing them to unsafe medical procedures.

“The practice of determining the sex of a foetus and taking subsequent actions based on that information is not merely a violation of law, but each instance undermines the value of female life and signals that some lives are deemed less worthy than others due to their gender,” Justice Sharma observed. “It fosters a culture in which girls are seen as burdens rather than equal members of the community, and endangers pregnant women by exposing them to unsafe medical procedures.”

The court added that “such acts corrode social conscience, and strike at the hope of a society to be free from discrimination.”

“If such practices are allowed to continue, it would send a message that human life has little value. Therefore, it is necessary for the law to intervene decisively and send a clear message that every life, regardless of gender, is entitled to protection and dignity,” the court held.

The case before the high court stemmed from an FIR filed earlier this year by the deceased woman’s father under multiple provisions of the Bharatiya Nyaya Sanhita, including Section 89, which deals with acts committed to prevent a child from being born alive or to cause its death after birth. The complainant alleged that the accused and his son had conducted an illegal ultrasound during the woman’s third pregnancy and forced her to undergo an abortion after learning that the foetus was female. The father-in-law was also alleged to be part of an organised network facilitating sex determination tests.

In his petition before the high court, the man represented by advocate Ajay Kumar had asserted that he had not been named in the FIR and had been falsely implicated at the instance of his son. He claimed that he did not have a direct role in the alleged illegal ultrasound, nor the events leading to his daughter-in-law’s death.

The Delhi Police’s lawyer Naresh Kumar Chahar opposed the petition, asserting that the man’s custodial interrogation was necessary to unravel the larger conspiracy. In its status report, the Delhi Police had stated that the man, along with his son were actively involved in the practice of carrying out illegal ultrasounds for sex determination.