LETTER TO MRS KIRAN WALIA

Mrs. Kiran Walia
Honorable minister for health and family welfare
New Delhi-58

Respected madam,
I had filed a complaint against my husband and in laws for cheating me into
a sex determination test during my pregnancy. The enquiry was conducted by
C.D.M.O (North West) and later by the team of doctors at Maulana Azad
Medical College, New Delhi
I would like to point out certain points
I am one of the first complainant in whole of India under the act
The enquiry done by C.D.M.O (North-West) has found that no form F was filled
when the ultrasound was done on me by radiologist at Jaipur Golden Hospital,
New Delhi. The law is very very clear on this aspect and says that- Person
conducting ultrasonography on a pregnant women shall keep complete record
thereof in the clinic/centre in Form – F and any deficiency or inaccuracy
found therein shall amount to contravention of provisions of section 5 or
section 6 of the Act, unless contrary is proved by the person conducting
such ultrasonography, where section 5 and 6 relates to “5. Written consent
of pregnant woman and prohibition of communicating the sex of fetus” and
“Determination of sex prohibited ”respectively
The enquiry conducted by team of doctors at M.A.M.C has added the facts that
fetal ultrasound was never advised by the gynecologist, but still it was
done.
The enquiry committee at M.A.M.C has also mentioned the fact about the
agreement wherein my husband has agreed that he will in future never force
me for sex determination or sex selective abortion. (copy of agreement
attached)
The handbook on P.C-P.N.D.T act released by Gov. of India very clearly
states- “In some cases women may themselves complain that they were forced
to get the sex of the fetus determined. Then that woman’s statement can be
recorded and she can also be called as a witness to depose about the doctor,
the centre and the family members who forced her to get the test done.” In
other words even if there is no documentary evidence the words of the women
is enough to file a complaint in court.
Despite all these evidences the Appropriate Authorities have stated that
there is no direct/circumstantial evidence of sex determination, and the
enquiry committee set up at M.A.M.C states that the Appropriate Authorities
have done a very good and detailed investigation. They are giving a clear
advantage to all the accused and ensuring that the court does not take
cognizance in the case. My husband and in laws are getting advantage in all
the cases because of the above said false lines. Madam, because of these
false lines I am facing a lot of harassment, and because of all this
harassment I may be forced to withdraw my complaints to save my daughters.
If the government does not have power to undo a wrong statement given by its
own personnel, and also government takes no action against them, while the
complaint is again and again saying that she is facing lot of harassment
because of these false statement, that in itself shows the dedication of the
government in fighting the menace of female feticide.
Madam as you probably know, my case has been mentioned even in the “2009
Human Rights Reports: India” released by U.S. department of state (**
http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136087.htm*<http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136087.htm>
*). I have all documentary evidences of the harassment being faced by me
after filling the case. First I was tortured by my husband and in laws, than
by the authorities, and now by judiciary. I have been told very clearly
(albeit verbally) that in case I do not agree to withdraw my complaints, the
Honorable Judge will ensure that I will have to produce my little daughters
(only 4 ½ years old) in every date in the court. If this is the condition of
our government and judiciary, I am troubled beyond words, and to save my
daughters from harassment, may be forced to withdraw my complaint if nothing
is done to rectify the wrong statements given in the enquiry report, quick
justice is ensured.
                                               Thanking you in anticipation
A frustrated mother
Dated-30/3/10

(Dr Mitu Khurana Nee Khosla)

Cc-
1.      Smt Pratibha Patil, President of India, Fax No- 011-23917920,
011-23917824
2.      Sri Mohammed Hamid Ansari , Vice President Of India, Fax No-
011-23018124, 23012645
3.      Dr Manmohan Singh, Prime Minister of India, Fax No- 011-23019334
4.      Smt Meira Kumar, Honorable Speaker Lok Sabha , Fax No- 011-23016212
5.      Sri Ghulam Nabi Azad, Honorable Minister for Health and Family
Welfare- 011-23062358
6.      Sri Veerappa Moily, Honorable Minister for Law and Justice, Fax No-
011-23384241
7.      Sri Mukul Wasnik, Honorable Minister for Social Justice and
Empowerment Fax No- 011-23381902
8.      Smt Krishna Tirath, Honorable Minister for Women And Child
Development, Fax No- 011-23074054
*http://mitukhurana.wordpress.com/
Dr Mitu Khurana

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