SUDHIR KUMAR BRAHMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THOUGH this is an application under Section 439 Cr. P. C. filed by the petitioner for grant of bail, the facts on which the case evolved not only has created sensation throughout the State as well as the country, but also involves interesting and important question to be dealt with.

(2.) A few weeks ago, large numbers of aborted foetus were found from various places in the district of Nayagarh. This gave rise to a suspicion in the mind of the general public that probably after sex determination, finding the sex of the foetus to be female, the mothers have chosen for aborting the child.

(3.) IT is well known that even after 60 years of independence, in our country, boys and girls are still not given equal preference. Poor families in the society or for that matter, the conservative and old fashioned parents prefer boys and girls are seen as a burden and inferior to boys. This is more fortified due to the social stigma of dowry. On account of the above, in spite of enactments made by the Legislature prohibiting sex determination before birth of the child, the medical practitioners by modern scientific methods, some times disclose the sex of the foetus to the parents giving them an opportunity to either retain or abort the pregnancy. As a result, it has been seen that there is a high degree of foeticide in various parts of the country. This also gives an opportunity to the doctor to make a lot of money taking advantage of the cultural approaches of the people by helping them to get rid of unwanted female foetus.