The Madhya Pradesh HC on 3rd April 2021, comprising of a Single Bench of Justice Gurpal Singh Ahluwalia denied bail to a woman accused of female foeticide. Vocation for stringent application of the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. (Rajni Lodhi versus. State of Madhya Pradesh)
The Bench believes that it was imperative to say that no mercy ought to be granted at this stage as the identical may strengthen the notion that the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 is only a paper tiger and that health center and laboratories can carry out sex‐ determination and feticide with license.
Facts of the case
The applicant was arrested on February 4, 2021 in connection with an FIR registered at Police Station Ishagarh, District Ashok Nagar for offence under Sections 313(causing miscarriage of a without a woman’s consent), 318(Concealment of birth by secret disposal of dead body), 376(1) of the Indian Penal Code and under Section 5/6(j)(ii) of the POCSO Act.
Contention of the parties
It was submitted by learned Senior Counsel for the applicant that the applicant has been arrayed as an additional accused by the Trial Court in exercise of power under Section 319 of CrPC. The applicant is a lady, having two minor children. It was further submitted that the trial is likely to take sufficiently long time.
Per contra, the application was vehemently opposed by the Counsel for the State. It was submitted that the applicant, who is the wife of the main accused Arvind, had given some pills to the prosecutrix for the purpose of abortion. It was further submitted that there is specific allegation against the applicant in the statement of the prosecutrix which was recorded under Section 164 of CrPC and under these circumstances, it was prayed that the bail may not be granted looking to the serious nature of allegation.
Court's Observation and judgment
The bench while considering the application held that the trial court by order dated December 31, 2019, has arrayed the applicant as an additional accused. Although the applications to demand anticipatory bail were dismissed in the month of December 2019 and September 2020 respectively, it appears that the applicant could be arrested only on February 4, 2021.
The High Court cited the order of the Apex Court dated January 21, 2021 passed in the case of Rekha Sengar vs. State of Madhya Pradesh (Special Leave Petition (Criminal) No. 380 of 2021) in which the Supreme Court while referring observations in the case of Voluntary Health Association of India v. State of Punjab, (2013) 4 SCC 1 that “Mushrooming of various sonography centres, genetic clinics, genetic counseling centres, genetic laboratories, ultrasonic clinics, imaging centres in almost all parts of the country calls for more vigil and attention by the authorities under the Act. But, unfortunately, their functioning is not being properly monitored or supervised by the authorities under the Act or to find out whether they are misusing the prenatal diagnostic techniques for determination of sex of foetus leading to foeticide.
The ultrasound machines used for such sex determination in violation of the provisions of the Act are seized and, even if seized, they are being released to the violators of the law only to repeat the crime. Hardly few cases end in conviction. The cases booked under the Act are pending disposal for several years in many courts in the country and nobody takes any interest in their disposal and hence, seldom, those cases end in conviction and sentences, a fact well known to the violators of the law.
The Apex Court said that “Contrary to the prevailing practice, the investigative team has seized the sonography machine and made out a strong prima facie case against the petitioner. Therefore, we find it imperative that no leniency should be granted at this stage as the same may reinforce the notion that the PC&PNDT Act is only a paper tiger and that clinics and laboratories can carry out sex‐ determination and feticide with impunity. A strict approach has to be adopted if we are to eliminate the scourge of female feticide and iniquity towards girl children from our society. Though it certainly remains open to the petitioner to disprove the merits of these allegations at the stage of trial.”
Therefore, the High Court refused to grant bail to the applicant.
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