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‘Feudal practices cannot be permitted’: Delhi court pulls up police for slow probe into sex selection racket

The court has ordered DCP Crime Branch to supervise the investigation, noting that "the investigation has been quiescent all this while for almost two years, and it's time for the investigation agency to be active now."

Written by Anand Mohan J | New Delhi |
Updated: September 17, 2021 10:25:13 am
The court stated that the FIR is of October 2019 and no substantial progress has been made in the investigation.

A Delhi court has come down hard on the police for conducting at snail’s pace an investigation into a selective sex birth racket. “These feudal practices cannot be permitted at any cost,” the court said.

Additional Sessions Judge Samar Vishal made the observations after he granted anticipatory bail to the three accused persons in this case.

The judge observed, “In the times when the government is running schemes like ‘beti bachao, beti padhao’, all those who are involved in such nefarious activities need a strong message that these feudal practices cannot be permitted at any cost. Those who commit such crimes are a menace to society. In a civilized society, there is no place for such crimes.”

The case came to light on a complaint from the Ministry of Health and Family Welfare to the Delhi Police, alleging that the accused persons through their company was providing “services to couples who want male child through IVF.”

The prosecution’s case is that the accused persons “in the garb of providing counselling to the patients in the field of IVF treatment, were actually running a racket of providing sex-selection”, which is banned in India and punishable under the provisions of Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994.

The police in its reply to the court, stated that “the offence is very serious and sensitive, and the accused are part of a vicious global racket in this crime of selective sex birth which is banned in India.”

The court, after perusing the reply, stated that the FIR is of October 2019 and no substantial progress has been made in the investigation. It held that “despite understanding the gravity of the offence, the investigation is going on at snail’s pace and without any seriousness.”

“The accused are allegedly running an entire company for this purpose, which if true, is very shameful. Although sex selection in India is banned, the general public perception is that it is easily available in clinics throughout the country, and involvement of the companies will not only further aggravate the issue but will diversify the operations of such criminal activities,” court said.

The court said the “decline in the female child ratio all over the country leads to an irresistible conclusion that the practice of eliminating the female foetus by the use of prenatal diagnostic techniques is widely prevalent in this country.”

The court has ordered DCP Crime Branch to supervise the investigation, noting that “the investigation has been quiescent all this while for almost two years, and it’s time for the investigation agency to be active now.”

The court said that if no results are yielded, then it will not hesitate to bring this matter to the attention of the Delhi Police Commissioner.

The defence counsel for the three accused argued that the accused persons had “no role to play in the alleged unlawful and malpractices and have been co-operating in the investigation as and when called by the Investigating Officer.”

He argued that as the FIR was registered in October 2019, and no chargesheet was filed till date, considering the participation of accused persons in ongoing investigation, they deserve the relief sought for.

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