Introduction:

A woman in Kerala approaches the High Court, seeking an investigation and action against her husband, father-in-law, and mother-in-law for allegedly providing instructions on conceiving a male child. Shockingly, the petitioner claims to have received a note on the first day of her marriage containing ‘pre-conception sex selection methods’ to ensure a ‘good boy child’ instead of a girl, deeming the latter a financial burden. This disturbing revelation raises critical questions about gender bias and adherence to gender-selective practices. The plea invokes the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, alleging a violation and seeking accountability.

Arguments:

The petitioner narrates receiving explicit instructions in the note, detailing specific times and methods for sexual intercourse to increase the chances of conceiving a ‘good boy child.’ The family’s belief that girls are a financial burden is highlighted as a motivating factor. Despite birthing a healthy girl in 2014, the alleged cruelties persist, leading to multiple litigations in the Family Court. The plea asserts that these actions contravene the PC & PNDT Act, emphasizing Section 22’s prohibition on advertisements related to pre-natal sex determination.

Court’s Judgement:

The Kerala High Court, while expressing shock at the allegations, grants time for the respondents to respond. Justice Devan Ramachandran remarks on the shocking nature of such incidents in Kerala but suggests that the High Court may not be the ideal forum for addressing the grievance. The court awaits instructions from the respondents, contemplating the most suitable avenue for considering the plea’s concerns.