1. Facts of the Case
A medical doctor conducted an ultrasound scan on a pregnant woman at the request of her husband. During the scan, the doctor disclosed the gender of the unborn child, stating that it was a female fetus. This act was carried out without any medical justification, and solely on the couple’s request for gender identification. The disclosure was not documented or reported to the appropriate authorities, and no steps were taken to verify the intent behind the request. The matter came to light following a complaint from a health worker who suspected a possible violation of the law concerning pre-natal diagnostic techniques and female foeticide.
2. Issues in the Case
- Whether the doctor violated any provisions of Indian law by revealing the gender of the unborn child?
- Is gender disclosure under any circumstances permitted during prenatal diagnosis?
- What are the legal liabilities of the doctor and the husband in such cases?
- What protection mechanisms exist for the pregnant woman and the unborn child under Indian law?
3. Legal Principles and Statutory Provisions
A. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act)
- Section 3A: Prohibits any person from conducting pre-natal diagnostic techniques for determining the sex of the fetus.
- Section 4: Permits pre-natal diagnostic techniques only for specific medical purposes (like detecting genetic abnormalities), and not for sex determination.
- Section 5: No person shall communicate the sex of the fetus by words, signs, or in any other manner.
- Section 23: Punishment includes imprisonment up to 3 years and fine up to ₹10,000 for first offence; for subsequent offences, up to 5 years imprisonment and fine of ₹50,000 to ₹1 lakh.
- Section 6: Specifically prohibits any person from conducting or facilitating sex selection, before or after conception.
B. Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002
- Clause 7.20: A physician shall not indulge in any act of sex determination, which is prohibited under law. Violation leads to professional misconduct, and action can be taken by the Medical Council.
C. Indian Penal Code, 1860
- Section 312-316: These sections criminalize offences related to causing miscarriage, especially if done without the woman’s consent or resulting in death of unborn child.
- Section 120B: If conspiracy or abetment for illegal acts (such as female foeticide) is established, all parties involved are liable.
D. The Constitution of India
- Article 15(3): Permits special provisions for women and children.
- Article 21: Guarantees right to life and personal liberty. Recognized by courts to include the right to life of the unborn child.
- Article 39(e) & (f) (Directive Principles): Obliges the State to protect children and prevent their exploitation or abandonment.
4. Possible Judgement
In the light of the above facts and laws, the following judgement can be delivered:
The doctor, by disclosing the sex of the fetus, has violated the provisions of the PCPNDT Act, especially Sections 4, 5, and 6. Such action directly contravenes the objective of the law which aims to curb female foeticide and uphold gender equality.
The disclosure, although made on the request of the husband, does not excuse the conduct of the doctor, who is a registered medical professional bound by ethical and legal standards.
Furthermore, the husband’s role in requesting the gender of the child reflects a potential intent to discriminate based on sex, and he too may be liable under Section 23 of the PCPNDT Act, and possibly under Section 120B IPC if a conspiracy or motive for gender-based abortion is established.
The court directs:
- Cancellation of the medical license of the doctor under Indian Medical Council regulations.
- Criminal prosecution under Section 23 of the PCPNDT Act and fines/imprisonment as per statute.
- Further investigation to determine whether there was an intention for female foeticide and to extend legal action if so.
- A protective order for the pregnant woman to ensure her safety and that of the unborn child.
The court reaffirms that gender-based discrimination, especially even before birth, is a serious violation of the constitutional right to equality and dignity, and such offences will be dealt with strictly and decisively.
