The Delhi High Court has dismissed charges against a doctor implicated in a case involving the alleged disclosure of a fetus’ gender, citing insufficient evidence to prove any wrongdoing. The case was centered around the accusation that the doctor violated the Pre-Conception and Pre-Natal Diagnostic Techniques (PC and PNDT) Act, which prohibits using prenatal diagnostic techniques for determining fetal sex.
Justice Chandra Dhari Singh, in a ruling issued last month, found no substantial evidence that the medical practitioner had contravened any legal provisions. The primary allegation was that the doctor had conducted an ultrasound on a decoy patient as part of a sting operation at a Hari Nagar ultrasound center in August 2020. “There is nothing placed on record to satisfy this court that the operation so performed by the petitioner (doctor) was in contravention of the law,” the judge noted.
Further complicating the case was the fact that the supposed gender disclosure was reportedly made by a lab employee, not the doctor herself. The FIR accused the doctor of facilitating the determination and communication of the fetus’ sex, allegations the court deemed unsubstantiated.
The police had arrested the doctor following the raid, and though she was later released on bail, the lingering FIR posed a significant threat to her professional standing and personal reputation. The defense argued that despite the passage of more than three years, the prosecution had failed to file a charge sheet, suggesting a lack of concrete evidence against the doctor.
The court also expressed concern over the delay in legal proceedings, emphasizing that it contributed to the decision to quash the FIR to prevent further harassment of the doctor. “It is also important to note that there has been an inordinate delay in filing the charge sheet. Therefore, this court is of the considered view that the present FIR is liable to be quashed,” Justice Singh stated in the order.
