Enforce PCPNDT Act strictly, says HC

Saurabh Malik

Tribune News Service

Chandigarh, November 5

The Punjab and Haryana High Court has called for strict implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques Act “to save the society from the ill effects and consequences of declining gender ratio”. The call came in an alleged case of forcible abortion and would-be mother’s death soon after.

Needs deeper probe

If the allegations are found to be true, the woman of the future is deprived of the lease of life to enable her to see the daylight. The matter needs deeper probe.  HC

The matter was placed before Justice Avneesh Jhingan’s Bench after the victim’s husband and sister-in-law moved the HC seeking the quashing of FIR registered on July 23 at Khilchian police station in Amritsar for “causing death of unborn child by act amounting to culpable homicide” and other offences under Sections 313, 314 and 316 of the IPC. The quashing was sought on the basis of a compromise with the complainant.

Justice Jhingan said the allegations in the case were of female foeticide menace prevailing in society since long. The Act was enacted to curb pre-diagnostic sex determination. But it was well-known fact that the practice of aborting the foetus after determination of its sex was still continuing.

The offences allegedly committed in the present case were not merely in “personam” or “against a person.” but affecting society. “If the allegations were found to be true, the woman of future was deprived the lease of life to enable her to see the daylight. The matter needs deeper probe. It may be a case not only of the IPC but also where the provisions of other Act may be involved,” Justice Jhingan asserted.

Taking note of the state counsel’s submission that information was sent to the Amritsar Civil Surgeon on July 22 regarding the case, Justice Jhingan said the matter had not been proceeded with. Considering the serious nature of the complaint, the adoption of appropriate steps by the authorities concerned was expected. It was expected that they would put efforts to ensure strict implementation of the provisions of the PCPNDT Act.

Considering the gravity of offences and nature of allegations of aborting female child and consequential loss to life of the expecting mother, Justice Jhingan said it did not call for interference under Section 482 of CrPC for quashing the FIR.

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