Court dismisses petitions seeking quashment; emphasizes seriousness of female foeticide and illegal sex determination
In a significant ruling, the Karnataka High Court has dismissed petitions filed by accused parties in a controversial female foeticide case, emphasizing the severe societal and moral implications of illegal sex determination and female foeticide. The case, involving multiple accused, revolves around allegations of illegal prenatal sex determination and subsequent abortion of a female fetus.
The petitions, Criminal Petition No. 884 of 2026 and Criminal Petition No. 14326 of 2025, were filed by different accused parties seeking to quash the proceedings against them. The petitioners included a radiologist and other individuals accused of facilitating illegal sex determination and abortion. The court heard arguments from both sides, with the petitioners claiming innocence and procedural violations, while the state argued the gravity of the offenses.
Justice M. Nagaprasanna, presiding over the case, noted the prima facie evidence against the accused, highlighting the interconnected roles played by each in the alleged criminal conspiracy. The court emphasized that female foeticide is a "moral blight and a constitutional affront," necessitating strict judicial action to curb such practices.
The court's decision follows a detailed examination of the facts, including a complaint lodged by the District Health and Family Welfare Officer, which outlined a chilling sequence of events leading to the illegal abortion. The complaint alleged that the accused orchestrated a network to determine the sex of the fetus and facilitated its abortion upon discovering it was female. The court found the evidence sufficient to proceed to trial, underscoring the need for judicial intervention to uphold gender equality.
In its judgment, the court also referenced previous Supreme Court rulings, stressing the importance of stringent enforcement of laws against female foeticide. The court observed that leniency in such cases would undermine the legal framework designed to prevent gender discrimination and protect the rights of the unborn.
The petitions were dismissed with a clear message that the veracity of the allegations and individual culpability should be addressed during the trial. The court's ruling reinforces the judiciary's commitment to addressing gender-based violence and upholding the principles of justice.
Bottom Line:
Female foeticide and illegal sex determination constitute grave societal offences, with serious consequences for gender equality and dignity. At the stage of taking cognizance, judicial satisfaction regarding prima facie allegations suffices; detailed evaluation of evidence is reserved for trial.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 91, Medical Termination of Pregnancy Act, 1971 Section 4, Preconception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Sections 23, 5, and 6
Sardamma v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2863945
