Sex selection offends dignity of women: HC

Mumbai, Sep 6 (UNI) The Bombay High Court today declared the tendency of sex selection as against the spirit of the Constitution of India, while dismissing a petition that challenged certain provisions of the pre-conception and pre-natal Diognastic Technique (Prohibition of sex selection) Act, 1999.

A division bench comprising Chief Justice Swatanter Kumar and Justice Ranjana Desai observed that the present tendecy in the society of desiring only male child, giving preference to a male child over female one, and efforts made to prevent birth of a girl child, was matter of grave concern.

It not only offends the dignity of women but also undermines their importance and violates their right to life, the court observed. Therefore, the court held that sex selection was against the spirit of the Constitution that protects the rights and dignity of women.

This ruling came on a petition filed by a couple Vijay and Kirti Sharma residing in Lokhandwala complex in Andheri, who had desired a male child after having two daughters, so as to ''balance their family.'' Their contention was that sections 2, 3-A, 4(5) and 6(c) of the PCPNDT Act were in contravention of articles 14 and 21 of the Constitution. But the court considered their challenge only on the contention of violation of article 14, as the High Court had already dismissed a petition challenging same sections on the ground that they were violative of article 21.

The petitioner couple had contended that couples already having a male or a female child should be allowed to make use of sex selection techniques like pre-natal diagnostic tests to have a next child of the sex opposite to that of their existing child, so as to balance their family. They contended that having a child of the same sex for the second or third time should be treated as grave injury to the mental health of the mother just like the Medical Termination of Pregnancy Act treats unwanted pregnacies.

However, considering hard realities and notions prevelant in the society, court dismissed this argument saying a prospective mother who does not want a child of a particular sex cannot be treated at par with a mother who wants to terminate her unwanted pregnancy on different grounds. The court also felt that if the use of the sex selection technique was allowed, there will be an unprecedented imbalance in the male to female ratio that will have disastrous implications on the society.

The judges expressed strong views on the gender bias prevelant in the society and observed that in India there was strong bias for male child as it was felt that son carries forward the name of the family and only he could perform religious rites at the time of cremation of the parents.

UNI