Delhi doc takes husband to court again over ‘pre-natal sex determination test’

10/29/2015 Hindustan Times e-Paper – Hindustan Times (Delhi) – 29 Oct 2015 –
Delhi doc takes husband to court again over ‘pre-natal sex determination test’

29 Oct 2015 Hindustan Times (Delhi) Avantika Mehta avantika.mehta@hindustantimes.com
Delhi doc takes husband to court again over ‘pre-natal sex determination test’
NEW DELHI: Pediatrician Mitu Khurana’s decade-long struggle to get justice for her twin daughters — whom her husband tried to abort after an illegal sex determination test —took another turn as she appealed a Delhi court order that refused to put her husband on trial.

The appeal against the order dismissing charges against her husband, his family and Jaipur Golden Hospital filed by Khurana on Monday under the anti-foetal-sex-determination law, is one of the many hurdles she says she had to “overcome.”

“They were never co-operative,” Khurana tells HT about the city police when she first went to register a complaint in 2005, when her babies still in her womb.

“It was always, ‘Madam, kyon kar rahe ho aise?’ with them. But, I wanted to keep my babies safe,” she adds. After a threeyear-old long struggle, Khurana in 2008 filed a case under The Pre-conception and Pre-Natal Diagnostics and Test Act, 1994.

In her complaint in 2005, she said her in-laws began pressuring her to find out the sex of the baby after she became pregnant.

“They kept saying two will be a burden, but I did not immediately understand quite what they meant.” “I didn’t know I was carrying girls, or that they did,” till one day her husband revealed to her that they had illicitly got a sex determination test on her, she alleges.

The test was apparently done when she was taken to the Rohini-based hospital, also accused in the case, after food poisoning from being deliberately fed an egg by her husband.

After the test, her in-laws’ demands to abort the twins grew exponentially, she says. She tried to file a complaint, but received no cooperation, she adds.

“Her husband even gave her an apology in writing, along with an assurance that he would never do such a thing to her again,” says Sharma’s lawyer AN Agarwal.

Finally, in 2008, Khurana chanced upon a medical report confirming her allegations that the hospital had performed an ultrasound on her foetus without her consent.

But on September 29, the court of metropolitan magistrate Dharmendra Singh decided there was no “evidence” produced by the complainant thus far that “warrant their conviction.”

In doing so, it rejected several eyewitness testimonies, including that of the now-estranged couple’s counselor who said in 2006 that Khurana’s husband Kamal told her during a session that he had arranged for the sex determination test.

Now, following Khurana’s appeal, the trial court has ordered Khurana’s husband Kamal and his family to respond on November 19.

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