The Court emphasized the importance of educating the public about the scientific fact that the gender of a child is determined by the male partner, not the female. The Delhi High Court noted the clarity of science on this matter, despite which it has encountered numerous instances where women face harassment for bearing female children, leading tragically in many cases to suicide.
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NEW DELHI: In a significant ruling, the Delhi High Court, presided over by Justice Swarana Kanta Sharma, denied bail to a man implicated in a dowry death case, emphasizing the need for public education on genetic science related to the determination of a child’s gender. The case, which involved allegations of dowry demands and pressure to produce a male heir, tragically culminated in the suicide of the accused’s wife, who had given birth to two daughters.
Justice Sharma, in a poignant observation, stated,
“This Court having dealt with numerous cases of harassment, nagging and committing of suicide or dowry deaths due to the victim being victimized for giving birth to daughters after being constantly nagged that she has not been able to fulfill her husband and in-laws desire of preserving the family tree, is constrained to observe that such people need to be educated that it is their son and not their daughter-in-law whose chromosomes through union of a married couple will decide the birth of a daughter or a son.”
The Court highlighted the scientific fact that the gender of a child is determined by the combination of chromosomes from both parents, with the male’s chromosomes playing a crucial role. This knowledge starkly contrasts with the societal misconception that blames women for the gender of their offspring, often leading to severe consequences like harassment and dowry deaths.
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The case, registered under Sections 304B and 498A of the Indian Penal Code, brought to light the persistent issue of dowry demands and the societal pressure on women to bear male children. The Court noted the tragic aspect of the case, where the deceased was allegedly subjected to continuous harassment for bringing insufficient dowry and for giving birth to daughters.
The Court remarked,
“The notion that a woman’s value diminishes if her parents cannot fulfill dowry expectations of her husband and in-laws reflects a deep-seated bias and discrimination against women.”
Justice Sharma’s ruling underscored the gravity of such offenses, especially when the trial is yet to begin, and the material witnesses are yet to be examined.
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The Court firmly stated,
“In view of the above facts and circumstances, and since the allegations against the present applicant/accused are grave and serious in nature, the charges are yet to be framed and the material witnesses are yet to be examined, this Court is not inclined to enlarge the present applicant/accused on bail, at this stage.”
This decision not only addresses the specific case at hand but also serves as a broader call for societal change, challenging regressive mindsets and advocating for the empowerment and equal treatment of women. The Court’s emphasis on the role of scientific understanding in combating gender-based discrimination marks a significant step towards addressing deep-rooted societal issues.
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