Dr. Varsha Gautam V/s State of U.P.
- Aswin Kumar D, NUALS Kochi
- December 14, 2020
Content :
Female foeticide in India is an uncomfortable reality, driven by cultural and economic factors and enabled by modern medical technology. The judiciary in this case has tackled this problem by clearly stating the threat posed by this ill and by closing loopholes with its interpretation of the law. This judgement serves as a warning against any persons affiliated to or engaged in offences mentioned in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act. The court has maintained the principles related to quashing of a FIR and has refuted interpretations that sought to hamper investigation. The delineation between attempt and preparation was stated to be a question of fact and hence dependent on circumstances. The Act was also interpreted to have its intended wide ambit so as to prevent exploitation. This is an exemplary judgement wherein the higher judiciary has made a liberal interpretation of the law while balancing societal repercussions with the goal of ensuring justice.
