New Delhi: The Delhi High Court has quashed an FIR against a woman doctor accused of disclosing the sex of a foetus, citing a lack of evidence and noting that the allegations against her did not violate the law. The court found that the unchallenged claims only mentioned that the doctor performed an ultrasound on a decoy patient, with no proof that she determined or communicated the foetus’ sex.
In its ruling, the court emphasized that there was no evidence to show that the doctor’s actions violated the Pre-Conception and Pre-Natal Diagnostic Techniques (PC and PNDT) Act, which prohibits the use of prenatal diagnostic techniques to determine the sex of a foetus. Justice Chandra Dhari Singh stated that there was no indication that the doctor contravened Sections 4, 5, or 6 of the Act, which relate to conducting or communicating the sex of the foetus.
The case stemmed from a raid in August 2020, when a decoy operation was carried out at an ultrasound center in Hari Nagar. The FIR accused the doctor of performing an ultrasound, and the alleged disclosure of the foetus’ sex was attributed to another person, an employee at the lab. The police lodged an FIR under the PC and PNDT Act, and the doctor was arrested but later granted bail.
The doctor approached the high court, seeking to have the FIR quashed, citing the lack of a chargesheet despite over three years passing. The court agreed with the doctor’s plea, pointing out the delay in filing the charges and ruling that the FIR was causing unnecessary harassment.
The court’s decision to quash the FIR was based on the fact that there was no prima facie case against the doctor, and the allegations were insufficient to establish a violation of the law. The ruling grants the doctor relief, clearing her name in the matter.
