Torturing Daughter-In-Law For Delivering Baby Girl A Grave, Serous Offense: Delhi High Court

While dealing with a dowry death case involving alleged harassment of the daughter-in-law for giving birth to a girl child, the Delhi High Court observed that such crime-doers should be educated that it is their son and not the daughter-in-law, whose chromosome will determine the gender of the unborn child.

Justice Swarana Kanta Sharma relied the science to prove the claims saying that that according to genetic science, the genetic determination of the gender of the unborn child, involves the combination of X and Y chromosomes, with females possessing XX chromosomes and males having X and one Y chromosome each.

“This Court having dealt with numerous cases of harassment, nagging and committing of suicide or dowry deaths due to the victim being victimized for giving birth to daughters after being constantly nagged that she has not been able to fulfil her husband and in-laws desire of preserving the family tree, is constrained to observe that such people need to be educated that it is their son and not their daughter-in-law whose chromosomes through union of a married couple will decide the birth of a daughter or a son,” the court said.

The Court also expressed its hope for the change saying that if the judgment using the knowledge of science through the law becomes enlightenment to people , it might change the mindset of the perpetrators of such crimes and save innocent women”s lives.

The court also expressed its concern over the prevalence of the regressive mindset as shown by this case and over the  excessive desire for dowry in society. The court argued that the concept of women’s value linked with material consideration such as dowry contradicts the principles of equality. While denying the bail to the alleged husband in the case, Justice Swarana Kanta Sharma said that the deceased woman’s father alleged that the husband and his family had tortured his daughter for more dowry and the family also harassed her for giving birth to the girl child.

Furthermore, noting the torture for giving birth to a girl child, the Court said that such incidents are the disheartening markers in the society that is trying hard for equality and empowerment of women.

However, pointing out the seriousness of the case, the court said: “Such offences have to be considered as grave and serious when the trial is yet to begin.”