Punjab and Haryana High Court decries role of unethical medical practitioners in female foeticide

Tribune News Service

Chandigarh, August 28

The Punjab and Haryana High Court has termed the involvement of unethical medical practitioners in facilitating the extermination of female foetuses through clandestine sex determination tests as “reprehensible.” Justice Manjari Nehru Kaul asserted such actions represented a profound betrayal of the very principles of the medical profession.

The assertions came as the court dismissed a petition filed by a doctor seeking the concession of anticipatory bail in a case registered in October 2023 under the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act and IPC at the Barwala police station in Hisar district.

Justice Kaul asserted female infanticide remained a deeply disturbing issue in India, particularly in this part of the country. “An alarming aspect is the involvement of unethical medical practitioners who in violation of the Hippocratic oath covertly conduct sex determination tests, thus, enabling this grave crime,” the court observed.

Justice Kaul added some doctors clandestinely performed the tests, betraying their ethical commitments and the principles of medical practice, despite the prohibitions in the PCPNDT Act. “The Hippocratic oath demands that doctors protect life and cause no harm. However, some of these practitioners motivated by greed, become complicit in the extermination of female foetuses. The involvement of unethical medical practitioners in facilitating this practice through clandestine sex determination test is particularly reprehensible, as it represents the betrayal of the very principles of the medical profession,” the court observed.

In her detailed order, Justice Kaul observed the counsel for the petitioner vehemently argued that an FIR could not have been lodged for offences under the PCPNDT Act. But the court did not find merit in the submission. There could be no manner of doubt that an FIR could indeed be registered, and the police could investigate offences as alleged against the petitioner

Adverting to the facts of the case, Justice Kaul asserted the petitioner was facing serious allegations of operating widespread illegal sex determination racket in the states of Punjab and Haryana using a portable ultrasound machine in undisclosed locations. Customers were allegedly blindfolded before being taken to the locations to avoid detection. The petitioner was also involved in seven other criminal cases, five of which involved similar offences under the PCPNDT Act.