The Delhi High Court in a notable ruling has strongly condemned the practice of sex determination, stating that it devalues the lives of girls and goes against the goal of building a society free from gender discrimination.

Justice Swarana Kanta Sharma, while rejecting an anticipatory bail application in a case concerning illegal sex determination, remarked that such practices foster a culture in which girls are perceived as burdens rather than equal members of society and expose pregnant women to unsafe and unlawful medical procedures.

“Beyond the immediate family, such acts corrode social conscience, and strike at the hope of a society to be free from discrimination. If such practices are allowed to continue, it would send a message that human life has little value, and it is therefore necessary that the law intervene decisively to send a clear message that every life, regardless of gender, is entitled to protection and dignity,” the Court said.

The judge addressed these issues while denying anticipatory bail to a man accused of conducting illegal ultrasounds for sex determination, an act punishable under the stringent provisions of the Bharatiya Nyaya Sanhita, 2023, as well as the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PNDT Act).

Case Background and Court Findings:

The case concerned an accused who allegedly performed an illegal ultrasound on a woman during her third pregnancy and revealed that the fetus was female. Tragically, the woman later died following a medical procedure. Investigations further revealed that the accused and his son, who were motor mechanics by profession, were running an unlawful business offering illegal sex determination services.

“The practice of determining the sex of a fetus and taking subsequent actions based on that information is not merely a violation of law, but each instance of such nature undermines the value of female life and signals that some lives are deemed less worthy than others due to their gender,” Justice Sharma stated.

Justice Sharma noted that sex determination fuels discrimination and violence against women, often putting pregnant women at risk through unsafe medical procedures. The Court stressed that allowing such crimes would send a harmful message that some lives are worth less than others based on gender. It therefore called for strong legal action to protect the dignity and rights of every person, regardless of gender.

“Therefore, stern action is required not only to secure justice in the present case but also to protect the larger interests of society and safeguard the rights of every unborn female child and a woman carrying a female foetus. The Court finds that the present applicant has not joined the investigation, and his custodial interrogation is necessary at this stage,” asserted the court.

Case Details: BHUPENDER SINGH v. STATE NCT OF DELHI [BAIL APPLN. 3786/2025]