A court in Kurukshetra has convicted four individuals, including a doctor, a tout, and a couple, under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act for determining the sex of a foetus. The Additional Chief Judicial Magistrate of Kurukshetra delivered the judgment, emphasizing that such acts are a crime against humanity and an affront to the dignity of women.
Sentences Handed Down
The court sentenced Dr Kaushal Kumar of Uttar Pradesh and Sandeep Kumar of Ladwa to three years of rigorous imprisonment each, along with a fine of Rs 5,000 under the PCPNDT Act. Additionally, they received six months of rigorous imprisonment under Section 120B of the Indian Penal Code, with a fine of Rs 1,000 each. Both sentences will run concurrently.
Rekha and Rinku, a couple from Karnal who had five daughters, were sentenced to one year of rigorous imprisonment and fined Rs 1,000 each for undergoing the test. Four other accused—Dharambir, Kuldeep, Ram Chander, and Deepak—were acquitted due to insufficient evidence.
Case Background
In May 2016, acting on a tip-off about an illegal sex determination racket, the Kurukshetra Health Department arranged a decoy patient who contacted a tout. A deal was struck for Rs 18,000 for the test. The tout directed the decoy to Ladwa, where Rekha and her family were waiting. Driver Sandeep then took them to Dr Kaushal Kumar's clinic in Bijnor, Uttar Pradesh.
Upon their return, Sandeep, Rekha, and Rinku were arrested. A subsequent operation led to the arrest of Dr Kaushal Kumar after he allegedly conducted the test.
Court Observations
The court observed that prenatal sex determination is the first step toward female foeticide, resulting in the silent extermination of countless unborn girls. It stated that such practices perpetuate a discriminatory mindset and contribute to the alarming decline in the female sex ratio. The order read: "A declining sex ratio is not merely a demographic concern; it is evidence of a deep-rooted social prejudice against women."
The court further noted that the accused Rekha and Rinku voluntarily contacted Sandeep and consented to the test. It emphasized that strict punishment is necessary to convey that the womb cannot be a place for gender discrimination and that every child has an equal right to dignity.
Reaction from Health Department
Deputy Civil Surgeon of Kurukshetra, Dr Ramesh Sabharwal, welcomed the judgment, stating that it was significant that the couple involved was also sentenced. He mentioned that 35 cases are pending in court, of which four have been decided, with three in favor of the health department. A close watch is being kept on those involved in such illegal activities.
