Need to educate people that genetics of son, not daughter-in-law decide sex of child: Delhi High Court [Read Judgment]

NEW DELHI: The chromosomes of the son and not daughter-in-law, through union of a married couple will decide the birth of a daughter or a son, the Delhi High Court expressed while hearing a bail application of a person who was arrested in a dowry death case. 

Justice Swarna of the Delhi High Court took exception to how only women were being constantly nagged for not being able to fulfil her husband and in-laws desire of preserving the family tree. 

“This Court having dealt with numerous cases of harassment, nagging and committing of suicide or dowry deaths due to the victim being victimized for giving birth to daughters after being constantly nagged that she has not been able to fulfill her husband and in-laws desire of preserving the family tree, is constrained to observe that such people need to be educated that it is their son and not their daughter-in-law whose chromosomes through union of a married couple will decide the birth of a daughter or a son. Even if, this judgment becomes the birth place of such enlightenment, it will go a long way to change the mindsets of perpetrators of such crimes and save lives of innocent married women, by use of principles of science through principles of law.”

A surprised Bench further stated that the genetic science in this regard is totally ignored while accusations against the woman are made. 

“…the genetic determination of gender of the unborn child when the child is conceived, involves the combination of X and Y chromosomes, with females possessing two X chromosomes (XX) and males having one X and one Y chromosome (XY). According to Encyclopedia Britannica, the outcome of fertilization depends on whether an unfertilized egg fuses with a sperm carrying an X or Y chromosome, resulting in the birth of a girl or boy, respectively”. 

The Court was hearing a bail application against one in a dowry death case (Section 304B of the Indian Penal Code). In the case, the husband along with his other family members used to subject his wife to mental and physical torment, on account of demand for dowry ultimately leading to her committing suicide. 

The complainant, the deceased’s parent alleged that the accused and his family pressured the deceased for additional dowry and financial demands, causing significant distress. Further, the deceased was taunted and mistreated for giving birth to girl children.

In the judgement, the Coury highlighted that the trauma is multiplied and becomes lifelong when the victim of a matrimonial dowry related offence gives up her life due to constant torture and harassment, especially when the two children she has procreated and loved who are her daughters also become a ground to nag, harass and traumatizing her, “as if, she is solely responsible for giving birth to daughters”. 

The Delhi High Court further stated how a married woman’s worth shouldn’t be contingent on her parents' ability to meet the “insatiable financial demands” from her in-laws.

“Prima facie at this stage, a woman has lost her life for giving birth to females which should be totally unacceptable to a conscientious society. Such offences have to be considered as grave and serious when the trial is yet to be begin”, the Court said before dismissing the bail plea. 

[Read Judgment]