COURT ON ITS OWN MOTION Vs. STATE OF JHARKHAND
LAWS(JHAR)-2014-7-133
HIGH COURT OF JHARKHAND
Decided on July 14,2014

COURT ON ITS OWN MOTION Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) IN Hindustan Times (English Edition) dated 3rdrd July, 2014, it is reported that there is an alarming increase in pre -natal sex determination amongst the pregnant women in Jharkhand. The newspaper has further reported that an increase has been noticed from 13.2% to 18.2% in the number of pregnant women opting for abortion after ultrasound examination.
(2.) THE highest number of such abortions has been reported from East Singhbhum i.e. 23.6% and in Ranchi 17%. The average sex ratio at birth in Jharkhand is 928 females per 1000 males as per Annual Health Survey, 2011 -12. The low sex ratio at birth and an increase in number of abortions after sex determination tests at ultrasound centers in Jharkhand indicate that the government measures to curb pre -natal gender determination have gone in a toss. It is also reported in the above newspaper that the surge in pre -natal sex determination is attributed to the fact that since 2012 the Health Department and its nodal organization Jharkhand Rural Health Mission Society (JRHMS) have not conducted any large scale drive to enforce the laws against such tests. The Health Department raided 404 rogue centers and sealed 39 of them last year, but most of the owners have been let off after warnings.
(3.) SECTION 3A of the Pre -Conception and Pre -Natal Diagnostic Techniques ( Prohibition of Sex Selection) Act, 1994 clearly prohibits sex selection and mandates that : "No person, including a specialist or a team of specialists in the field of infertility, shall conduct or cause to be conducted or aid in conducting by himself or by any other person, sex selection on a woman or a man or on both or on any tissue, embryo, conceptus, fluid or gametes derived from either or both of them". Section 5(2) of the Act clearly bars that no person including the person conducting Pre -natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs or in any other manner and even determination of sex is also completely prohibited under section 6 of the Act.;


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