STATE Vs. SUVITHA SARAVANAN

JUDGEMENT

(1.) The appellant has come forward with this criminal appeal challenging the acquittal of the accused in C.C. No. 353/2002, dated 18-11-2003, on the file of the Judicial Magistrate No. 2, Cuddalore.

(2.) The Act known as Pre-conception on Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as 'Act') is proposed to prohibit pre-natal diagnostic techniques for determination of sex of the foetus leading to female foeticide. Such abuse of techniques is discriminatory against the female sex and affects the dignity and status of women. Since a legislation was required to regulate the use of such techniques and to provide deterrent punishment to stop such inhuman act, the Act was passed. After passing of the Act, during the subsequent years certain inadequacies and practical difficulties have come to the notice of the Government and hence the amendments were introduced.

(3.) The pre-natal diagnostic techniques like amniocentesis and sonography are useful for the detection of genetic or chromosomal disorders or congenital malformations or sex linked disorders, etc. However, the amniocentesis and sonography are being used on a large scale to detect the sex of the foetus and to teminate the pregnancy of the unborn child if found to be female. Techniques are also being developed to select the sex of child before conception. These practices and techniques are considered discriminatory to the female sex and not conducive to the dignity of the women.