Recently, the Delhi High Court refused to grant anticipatory bail to a man accused of conducting illegal sex determination of a pregnant woman, observing that such acts undermine the value of female life and strike at the hope of a society to be free from discrimination. Justice Swarana Kanta Sharma held that the practice of prenatal sex determination is not only a serious violation of law but also an assault on the principles of equality and dignity protected under the Constitution.
The case arose from an FIR registered for offences under Section 85, Section 316(2), Section 89, and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), involving the alleged death of a woman following an illegal medical procedure. According to the prosecution, the deceased had been subjected to dowry-related cruelty by her husband and in-laws. During her third pregnancy, the accused along with his son, allegedly conducted an illegal ultrasound to determine the sex of the fetus. Upon learning that the fetus was female, the woman was reportedly coerced into an operation that led to complications and her subsequent death.
Rejecting the bail plea, the Court observed that the investigation revealed both the accused, motor mechanics by profession, had been running a side business of conducting illegal ultrasounds of pregnant women with the sole objective of determining the sex of the unborn child.
Justice Swarana Kanta Sharma observed, “The practice of determining the sex of a fetus and taking subsequent actions based on that information is not merely a violation of law, but each instance of such nature undermines at the value of female life and signals that some lives are deemed less worthy than others due to their gender.”
The Court further noted that such conduct “fosters a culture in which girls are seen as burdens rather than equal members of the community, and endangers pregnant women by exposing them to unsafe medical procedures.” Justice Sharma added, “Beyond the immediate family, such acts corrode social conscience, and strike at the hope of a society to be free from discrimination. If such practices are allowed to continue, it would send a message that human life has little value.”
Emphasising the need for deterrence, the Bench remarked that “stern action is required not only to secure justice in the present case but also to protect the larger interests of society and safeguard the rights of every unborn female child and a woman carrying female fetus.”
The Court held that custodial interrogation of the accused was essential to recover the ultrasound equipment, trace other persons involved, and uncover the extent of the illegal network. Observing that the applicant had not cooperated with the investigation, Justice Sharma concluded, “The release of the present applicant at this stage would be inappropriate, and therefore, anticipatory bail cannot be granted.”
Case Title: Bhupender Singh Vs. State Nct Of Delhi
Case No: Bail Appln. 3786/2025
Coram: Hon’ble Justice Swarana Kanta Sharma
Advocate for Petitioner: Adv. Ajay Kumar
Advocate for Respondent: APPNaresh Kumar Chahar, Advs. Amisha Dahiya, Tushar Jaiswal, and Priyanka Rani
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