The Karnataka High Court has refused to dismiss a case involving alleged female foeticide, a decision that keeps a government doctor and others facing charges. The court's order affects individuals accused of participating in an illegal sex determination scan that preceded a foetal death.
The ruling specifically targets Dr. Shashi S.L., a radiologist at the district hospital in Ramanagara, along with Sardamma, her husband Dase Gowda, and an unnamed woman who underwent the procedure. The court's dismissal of their pleas means the legal proceedings against them will continue.
The complaint alleges a "systematic racket" behind the incident. Sardamma and Dase Gowda are accused of acting as agents, bringing patients for sex determination scans. This indicates the case may extend beyond a single instance of wrongdoing.
The sequence of events, as outlined, involves an illegal sex determination scan conducted at the district hospital. Dr. Shashi is alleged to have disclosed the foetus's sex using a "coded communication." Following the revelation that the foetus was female, monetary negotiations reportedly took place.
Subsequently, "prohibitory medication" was administered at a private clinic. The pregnant woman was then sent home, where she suffered severe bleeding that night, culminating in the death of the foetus.
While one of the accused, Dr. Shashi, reportedly argued he merely conducted the scan without divulging the foetus's sex, the court's decision suggests this defense was insufficient to halt the investigation. Arguments regarding where the foetal death occurred also appear to have been considered and dismissed by the court in its decision to uphold the case.
The Karnataka High Court has previously stressed the importance of strict adherence to guidelines under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, noting that "leaving loopholes in law would form protective veneer to violators." This sentiment appears to underpin the current decision, signaling a judicial stance against attempts to skirt legal mandates designed to prevent sex selection and foeticide.