(1.) TUM meri beti nahi beta ho (You are not my daughter but my son), a statement often heard by way of giving a compliment to a daughter who has made her parents proud, but look closely and you will find that this ironic statement is nothing but a reinforcement of every stereotype that women have fought against till date. The so called compliment shrouds the deep rooted prejudice that daughter is a liability and a son an asset and only a male child can do his parents proud, it does nothing but perpetuate the gender discrimination which we had started to believe does not exist anymore.
(2.) IT is an open secret that the want of a male child is a one the biggest manifestations of gender discrimination that pervades all sections of the society, whether urban, rural literate, illiterate, rich or poor. It is understandable that in the past, societal conditioning for wanting to have a male child in a time where women were treated as a second class citizen having a deplorable quality of life was the norm of the day, but it is a disheartening fact that what was treated as an obsession in the bygone era still exists and does not only thrive but drives people to go to unimaginable lengths, the case at hand being a prime example.
(3.) BY this common judgment we propose to decide the four appeals. The challenge in all these appeals filed under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), is to the judgment dated 31/01/2011 and order on sentence dated 10/02/2011 passed by the learned Trial Court.