Is daughter-in-law responsible for sex of the child ?
Despite the Court's assertion that the evidence supporting the problem is quite obvious, the Court has handled other cases in which women have faced harassment for giving birth to girls, many of whom go on to commit suicide.
The Delhi High Court has stated that there is a need to educate people that it is their son and not daughter-in-law whose chromosomes dictate the sex of the kid to be born [Hardesh Kumar v State].
Despite the fact that the science on the matter is very clear, Justice Swarana Kanta Sharma said that the court has handled other cases involving harassment of women for giving birth to girls, many of whom go on to commit suicide.
“This Court having dealt with numerous cases of harassment, nagging and committing of suicide or dowry deaths due to the victim being victimized for giving birth to daughters after being constantly nagged that she has not been able to fulfill her husband and in-laws desire of preserving the family tree, is constrained to observe that such people need to be educated that it is their son and not their daughter-in-law whose chromosomes through union of a married couple will decide the birth of a daughter or a son,” the order said.
The Court also addressed the issue of dowry deaths, noting that cases of insatiable dowry demands and the ongoing prevalence of backward mindsets highlight a larger social concern.
The notion that a woman's value is dependent on financial factors, like a dowry, runs counter to modern notions of equality and dignity. The idea that a woman's worth decreases if her parents are unable to meet her husband's and her in-laws' expectations for a dowry is a pervasive prejudice and discrimination against women. The solitary judge declared that these expectations "not only go against the fundamentals of gender equality, but they also foster a culture in which women are objectified and treated like commodities."
In addressing a request submitted by Hardesh Kumar for regular bail in a case under Sections 304B (dowry death) and 498A (cruelty to wife by husband, family) of the Indian Penal Code, the Court made these observations.
According to the allegations, his wife killed herself in September 2023 as a result of pressure from him and his family to have a male child and ongoing dowry demands. Two daughters had previously been born to the mom.
After reviewing the case, Justice Sharma noted that, on the face of it, a lady had lost her life because she had given birth to daughters, and that such offenses need to be taken seriously, particularly in the early stages of a trial.
The Court held, "This Court is not inclined to enlarge the present applicant/accused on bail, at this stage, in view of the above facts and circumstances, and since the allegations against the present applicant/accused are grave and serious in nature, the charges are yet to be framed and the material witnesses are yet to examine."
It denied the bail request as a result.