Dr Mitu got married to Kamal Khurana in Nov 2004. In February 2005, she came to know that she has conceived. When it was known that Mitu has conceived twins, Her Husband and other in laws started forcing her for sex determination of the Foetuses.
When Mitu refused to comply with repeated unlawful demands of Dr Kamal Khurana and his mother to undergo a gender determination test, then on 27.04.2005 in order to meets their evil desires her husband, mother in law and brother in law hatched the conspiracy.
Her Brother in law Mr Deepesh Madan, on the same night brought the cake which was laced with the egg and the in-laws were aware of the fact that Mitu was/ is allergic to the egg even then they offered the said cake to Dr Mitu by stating that it is an eggless one.
However, soon after eating the cake, Dr Mitu experienced acute pain in the abdomen and began vomiting. Dr Mitu complained to her husband and her in-laws regarding such pain but she was not taken to a hospital/clinic immediately and she was left to her own devices throughout the night; thereafter, Dr Mitu took some medicine for the relief from the pain and somehow managed to spend the night. In the morning when there was no relief from the pain thereby Dr Kamal Khurana and her mother-in-law took Dr Mitu to the Jaipur Golden Hospital despite of repeated requests of Dr Mitu to take her to Sir Ganga Ram Hospital as she was taking pre natal treatment from there.
In Jaipur Golden Hospital, she was directly admitted in the labour room despite the fact that she was only 16 weeks pregnant by that time. Dr Kamal Khurana did all the formalities and provided all the information in regard to the history of Mitu.
At the time of the admission of Dr Mitu the records of the admission clearly reflects that Heart sounds of both foetus were within normal range and foetuses were unaffected by the allergy. At around 12.30 noon the treating gynecologist was again informed about the past history of Dr Mitu regarding the acute infection of the kidney (pyelonephritis) with recurrent U.T.I. by Dr Kamal Khurana and mother in law.
The records show that at the time when the gynecologist recommended KUB ultrasound with whole abdomen, by then Dr Mitu was already feeling better.
After the recommendation of the KUB ultrasound Dr Mitu was taken for the ultrasound at Mahajan Imaging Centre, thereby the ultrasound was conducted by the radiologist namely Dr. Niten Seth in the presence of the Dr Kamal Khurana and Mother-in-law. During the Ultrasound Mitu was sedated, as she had taken antiallergics Avil and Phenargan the Night before and had not slept the whole night because of the pain.
After the USG ,During which Dr Mitu was sedated, she was discharged from the Hospital. From the same day, her husband and in-laws started demanding a abortion on various grounds. She faced extreme physical and mental abuse. She was not given food to eat, slapped, pushed. A few days after the USG, Her husband pushed her down the staircase, after which she developed pain and leaking. She was locked in a room and not allowed medical aid. Next day, Dr Mitu had decided to commit suicide- she could not bring herself to kill her unborn daughters just because they were daughters. She called up her father. He threatened police action, after which her husband brought her to Janakpuri, where she had to be admitted in Nursing home.
After this Dr Mitu shifted to her parents Home. At this time, Dr Mitu filed a complaint to local Police Station during pregnancy about pressures for sex determination followed by attempts to cause abortion. This complaint was followed by the birth of two live daughters (only because Dr Mitu shifted to her parental home to save the pregnancy).
On 11 August 2005, Mitu gave birth to Two Minor daughters. Dr Kamal and Mitu
s in-laws left the hospital immediately after Mitu was shifted from the Operation theater. The minor daughters were very weak and premature. One weight around 1200 gms and second weighed around 1700 gms. Both daughters were kept in nursery. Dr Kamal told Mitu that she cannot enter the matrimonial home with the two daughters and she should give up one of them for adoption to someone in Nursery itself. Mitus sister adopted one of the daughters to prevent the minor child from going out of the family. Though adoption papers were signed , both daughters always remained with Mitu in her parental home.
In March 2006, in a drunken state, Mitu`s husband admitted getting the sex determination done, but did not disclose where it was done. After this Another complaint was filed in Police station on 12 March 2006.
In April-May 2006, Dr Mitu met Mrs Bijayalaxi Nanda, with who she filed the first complaint in Crime against women cell. . Along with her Mitu filed the complaint in the Crime against women cell, wherein again she mentioned about being subjected to sex determination test. When Her husband and in-laws got the notice to appear in the Crime Against Women cell, they approached Mitu for a settlement. In front of Ms Bijayalaxmi Nanda, Mitu
s Husband admitting getting sex determination done.s Husband along with other family members approached Dr Mitu and her family members and tried to induce Mitu into withdrawing her complaint by pretending to be interested in reconciling the issues amicably. Dr Mitu being a married Hindu woman and a mother of twin infants was desperate to save her marriage, thereby falling for the first bait of truce dangled before her. Then on 16.06.2006 a family agreement was executed between Mitu and Dr Kamal Khurana in the presence of the family members “Dr Mitu will not be asked or forced to go for the sex determination of foetus or sex selective abortion in future by Dr. Kamal Khurana or any from his family” which in itself is a clear admission that it was done in the past.
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On the complaint of Dr Mitu notice was issued by the CAW Cell to Dr Kamal Khurana for his appearance on 20.06.2006. After the notice was received , Dr Mitu
Mitu and Dr Kamal received matrimonial counseling from the Crime Against women cell for one year after which her Sister-in-laws marriage got fixed. Dr Kamal
s parents requested the complaints to be closed, so that there is no hindrance in the marriage, to which Mitu Agreed and let the complaints in the CAW cell be temporarily closed. However soon after the complaints were closed, Mitus Sister in-law started demanding a Honda City car in her marriage from Mitu`s Parents, to which Mitu Objected.
After 3 days of the marriage sister-in-law, namely Dr. Archana came back to her parental house i.e. matrimonial home of Dr Mitu and started blaming Mitu for her broken marriage, as Mitu’s parents did not fulfill the demands due to which the demands made by the in-laws of the sister-in-law could not be fulfilled. That the atrocities, daily taunts of Dr Kamal Khurana and other in-laws of Mitu were increasing time to time during her visit and stay at the matrimonial house, as Mitu was blamed on every occasions for the broken marriage of her sister-in-law, Due to which Mitu was back to her parents home.
She filed a complaint to the crime against women cell, after which Mitu and her Husband was advised to shift to a rented accommodation to which Mitu agreed. In the Month of March 2008, Mitu was shifting her and her infant daughters’ articles at the rented apartment, which was taken on rent by Dr Kamal. During the shifting, Mitu found a folder in the Almirah of the Dr Kamal in which she came across the paper of her ultrasound conducted at Jaipur Golden Hospital as well as the discharge summary. Mitu was shocked to see that in disguise of KUB ultrasound a full fetal ultrasound was done on her at the time of her admission to Jaipur Golden Hospital for allergy.
On the very night that Mitu shifted with her husband to the rented accommodation, he threw her out of the rental accommodation because he was interested only in seeking a divorce.
The same night Mitu called up police helpline no 100, after which a Police van took her to Vikaspuri police station, but they refused to even take her written complaint. Everything had been settled and arranged beforehand by her husband. Mitu was in the Police station till almost 2-3 a.m. along with her father. Only after a phone call from a media house did the police officer took her written complaint, but no action was taken on the complaint.
In April 2008, Dr Mitu wrote a complaint to NCW, DCW, Prime Minister, health Minister etc telling about how she had been deceived into fetal USG on the pretext of a Kidney Ureter Bladder USG.
However no action was taken. Mitu was informed that she has to file the complaint to Appropriate Authorities under the P.N.D.T Act. After a complaint to Appropriate Authorities, a raid was conducted on the Hospital, where many disprencies were found in addition to “missing form F ” of Dr Mitu. raid report
There after Mitu was informed that the Fetal USG was done without filing of “Form F”, which is mandatory under the P.N.D.T Act and if the Form F is not filled, this in itself amounts to Sex Determination.
Mitu was called by the Office of Appropriate Authority to apprise them about her views. Thereafter on 29.07.2008 at 10.30 A.M Mitu went to the office of the CDMO along with Ms. Bijayalaxmi Nanda and met the exact sequence of events, which took place during pregnancy and requested the CDMO to take action against the culprits/ offenders who did the sex determination and violated the P.N.D.T. Act. It was shocking, appalling for Dr Mitu when the CDMO suggested that Mitu should not do anything in the spirit of youth, which she will repent later. After such conduct, behaviour as well as views of the CDMO Dr Mitu came back to her paternal home and on next day i.e. 30.07.2008 , Mitu gave a written letter addressing the CDMO regarding the views expressed by him and requested him to take necessary action on her complaint. The said letter was also forwarded to the Director, Directorate of Family Welfare Central as well as Director, P.N.D.T Health and Family Welfare
After this a fake inquiry committee was set up which despite all evidences opined that though the records were not maintained, there is no direct/ circumstantial evidence that sex determination was done.
Despite repeated complaints, when no appropriate action was taken by any of the authorities under the P.C-P.N.D.T Act, it came in the knowledge of Dr Mitu that she can herself file a complaint after giving 15 days notice to the appropriate authority and finally on 18.10.2008 Dr Mitu sent the notice to the District Appropriate Authority (North-West District. After sending the notice to the Appropriate Authority when no complaint was filed by the government/ Appropriate Authority against the accused under the PC-PNDT Act, thereby on 21.11.2008 Mitu filed the complaint against the accused persons before the Trial Court on 22.11.2008 . Thereafter the Government also filed a case against the director of Jaipur Golden Hospital in Jan 2009.
Within 15 days after cognizance was taken against the Director of Jaipur Golden Hospital, Dr Mitu
s Husband filed a case on false and frivolous grounds for custody of the minor daughters who were already almost four years old by then. Prior to this no efforts were made by Dr Mitus Husband, to meet or contact the minor daughters.
Cognizance was taken on the case filed by Dr Mitu in 2011, after which Dr Harsh Mahajan (owner of Mahajan Imaging) and Dr Niten Seth (Radiologist) moved to High Court and was granted an ex-party stay. Against all other accused persons, the prosecution evidence were proceeded, whereby in total 15 witnesses were examined in addition to Mitu herself.
Dr Harsh Mahajan in whose USG center the ultrasound was done filed the petition highlighting his own powerful stature in the society
Dr Harsh Mahajan and Dr Niten Seth (who did the USG) was granted an ex-party stay.
The matter in the district court was proceeded on day to day basis hearing whereby Mitu was examined. Dr Mitu was extensively cross examined on 02.06.2015 (running into 5 pages), 03.06.2015 (running into 5 pages) , 29.06.2015 (running into 4 pages), 30.06.2015 (running into 5 pages) , 09.07.2015 (running into 4 Pages), 10.07.2015 (running into 6 pages), 17.07.2015 (running into 8 Pages), 6.08.2015 (running into 2 pages),10.08.2015 (running into 5 pages), 18.08.2015 (running into 6 pages), 19.08.2015 (running into 8 pages), 24.08.2015 (5 pages), 28.08.2015 (5 pages), 02.09.2015 (running into 5 pages) , 10.09.2015 (running into 3 Pages) and 11.09.2015 (running into 4 Pages). The cross examination of Mitu runs into in total 80 pages over a stretch of sixteen dates. On each date, Dr Mitu was examined for two to three hours.
After at stretch cross examination of Dr Mitu and the at length arguments by the counsel of Dr Mitu and accused persons for which the Trial Court carried the proceedings till late evenings. After the at length arguments heard by the Trial Court, on 29.09.2015 the Trial Court passed the order discharging all the accused persons (Except Dr Harsh Mahajan and Dr Niten Seth against whom the trial had been stayed by the High Court), without taking note of a single argument advanced on behalf of the Mitu.
The Owner of the Mahajan Imaging Clinic where the USG was done has filed an Affidavit in Hon`ble High court that his Ultrasound center was not registered under the Act and it was only the Jaipur Golden Hospital which was registered, whereas under the PNDT Act, both the genetic clinic and the place where USG is done required to be registered.
The Act clearly states that
“3. Regulation of Genetic Counseling Centers, Genetic Laboratories and Genetic Clinics.- On and from the commencement of this Act,— 1. no Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic unless registered under this Act, shall conduct or associate with, or help in, conducting activities relating to prenatal diagnostic techniques”
The government also filed an affidavit in Hon`ble High court that the form F of Dr Mitu was not submitted to the Appropriate Authorities with the 103 other form F for the month of April 2005.
Despite all these proofs the High court while deciding the application of Dr Harsh Mahajan and Niten Seth , in April 2016 , set aside the summoning orders saying that Mitu had been late in filling the complaints and the complaint was time Barred.
Dr Mitu is first mother to file a complaint under P.C-P.N.D.T Act, which was revealed to her in 2009, when it came on the website of U.S. government in Human Rights Reports of India. Therefore, there is no precedent Judgments available under sec 23(3) of P.C-P.N.D.T Act.
The judgment passed by Ld court is a big blow to the entire fight against sex selective abortions, as consequently no woman will dare to come forward to report such offence or seek justice against such malpractice.