The Delhi High Court has dismissed charges against a doctor accused of disclosing the gender of a fetus, citing insufficient evidence of any wrongdoing. The case centered on allegations that the doctor violated the Pre-Conception and Pre-Natal Diagnostic Techniques (PC and PNDT) Act, which prohibits the use of prenatal diagnostic techniques for determining fetal sex.
In a judgment issued last month, Justice Chandra Dhari Singh found no substantial proof that the doctor had breached the law. The primary allegation was that the doctor conducted an ultrasound on a decoy patient during a sting operation at a Hari Nagar ultrasound center in August 2020. However, the Court observed, “There is nothing placed on record to satisfy this court that the operation so performed by the petitioner (doctor) was in contravention of the law.”
The case was further complicated by the fact that the alleged gender disclosure was reportedly made by a lab employee rather than the doctor herself. Despite this, the FIR accused the doctor of facilitating the determination and communication of the fetus’ sex—claims the Court found unsubstantiated.
The doctor had been arrested following the raid but was later released on bail. However, the lingering FIR posed a serious threat to her professional and personal reputation. The defense argued that even after three years, the prosecution had failed to file a charge sheet, indicating a lack of concrete evidence.
The Court also criticized the delay in legal proceedings, noting that it contributed to the decision to quash the FIR. “It is also important to note that there has been an inordinate delay in filing the charge sheet. Therefore, this court is of the considered view that the present FIR is liable to be quashed,” Justice Singh stated in the order.
The judgment underscores the importance of timely and evidence-based legal action, ensuring that professionals are not subjected to unwarranted harassment due to unfounded allegations.
