HC has ruled out Unethical Medical Practitioners in Female Foeticide
The Punjab and Haryana High Court recently addressed a deeply troubling issue, condemning the involvement of unethical medical practitioners in facilitating female feticide through clandestine sex determination tests. This strong stance was taken by Justice Manjari Nehru Kaul as the court dismissed a petition for anticipatory bail filed by a doctor facing serious charges under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act and the Indian Penal Code (IPC).
The doctor in question had been accused of running an illegal sex determination racket in the states of Punjab and Haryana, using a portable ultrasound machine at undisclosed locations. These locations were so secretive that customers were allegedly blindfolded before being taken there, making it nearly impossible for authorities to detect the illegal activities.
Justice Kaul, in her ruling, highlighted the alarming and unethical behavior of some medical practitioners who, in blatant violation of their Hippocratic oath, covertly conduct sex determination tests. These actions not only break the law but also betray the fundamental principles of the medical profession, which are centered on protecting life and doing no harm.
The court observed that despite clear prohibitions under the PCPNDT Act, certain doctors are driven by greed to participate in these illegal practices, thus contributing to the grave crime of female feticide. Justice Kaul’s remarks underscored the gravity of this issue, particularly in regions like Punjab and Haryana, where female infanticide continues to be a deeply disturbing problem.
In her detailed order, Justice Kaul also dismissed the argument made by the petitioner’s counsel, who contended that an FIR should not have been lodged for offenses under the PCPNDT Act. The court found no merit in this argument, affirming that the police had every right to register an FIR and investigate the serious allegations against the petitioner.
This case serves as a stark reminder of the ongoing challenges in combating female feticide in India. The involvement of medical professionals in such practices not only undermines the law but also reflects a profound betrayal of the ethical commitments that are supposed to guide the medical profession. The court’s decision to deny anticipatory bail in this case reinforces the message that such actions will not be tolerated and that those involved will be held accountable.
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