S.K. GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition in public interest has been filed by a Senior Advocate of the Court deeply concerned with the increasing crime of female feticide and the consequent missing girl child in the State of Rajasthan, in which the Implied Sex Ratio at Birth has gone down from 924 girls to 1000 boys in 1994-2000, to 897 girls per 1000 boys in 2004-10, as against the Nation ratio of 935 in 1994-2000, to 923 in 2004-10. A prayer has been made to take steps, some of which are for implementation of the laws and the others to wake up the State Government to its statutory responsibility, against the crime.

(2.) In the State of Rajasthan, the Child Sex Ratio has been declining consistently from 916 girls per 1000 boys in 1991 to 909 in 2001 and 888 in 2011. The decline is significantly higher in the urban areas, though both rural and urban recorded child sex ratio of girls below 900 in accordance with the Census of 2011 (Mapping the Adverse Child Sex Ratio in India). It was also discovered in the census that in the Districts like Dausa, Tonk, Jaipur and Sikar, the child sex ratio of girls has further plummeted by 35 points. The problem has worsened in Sikar and Jhunjhunu with these becoming the hotspots of declining girl child ratio in the State. In addition to these Districts, the ratio has dipped below 900 in Nagaur, Jodhpur, Pali, Jalore and Sirohi.

(3.) The petitioner has prayed for several directions including taking appropriate steps on the legislative/executive/administrative side to stop any further declining of child sex ratio; discourage dowry system/female feticide/sex selection/sex determination/selecting abortion/discriminated abortion; to direct for financial assistance and schemes for improvement of the female children whether it concerns their birth/nutrition/education/marriage property rights/maintenance and other related matters; reducing expenditure on marriages; fixing number of guests in the marriage ceremonies; filing of video recording of marriage with the Registrar of Marriage; compulsory registration of marriages; preparation of list of presents in the marriages in accordance with the Dowry Prohibition (Maintenance of List of Present to the Bride and Bridegroom) Rules, 1985; issuance of marriage certificate unless the provisions of Dowry Prohibition Act have been complied with; monitoring of working of Dowry Prohibition Officers and Advisory Boards under section 8(b) of the Dowry Prohibition Act, 1961; to appoint Empowered Committee for implementation of directions issued by Honourable Supreme Court in CEHAT & others case; enforcement of Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, "the PCPNDT Act of 1994"); pass orders for synchronization and coordination of different department in carrying out the objects of the relevant laws.