Betrayal of Medical Profession principles! HC denies relief to Doctor accused of running gender determination racket

Chandigarh: Terming 'female infanticide' as a deeply disturbing issue, the Punjab and Haryana High Court recently dismissed a plea filed by a doctor from Haryana's Hisar seeking the concession of anticipatory bail in a case booked against him under the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act and IPC. 

As per the Tribune report, Justice Kaul asserted the petitioner was facing serious allegations of operating a widespread illegal sex determination racket in the states of Punjab and Haryana using a portable ultrasound machine in undisclosed locations. Customers were allegedly blindfolded before being taken to the locations to avoid detection. The petitioner was also involved in seven other criminal cases, five of which involved similar offences under the PCPNDT Act.

While considering the plea, the HC bench of Justice Manjari Nehru Kaul termed the involvement of unethical medical practitioners in facilitating the extermination of the female foetus through sex determination tests as "reprehensive".

The bench further asserted that such actions represent a profound betrayal of the very principles of the medical profession. 

Also Read: Registration of hospitals can't be cancelled under PC PNDT Act unless appropriate authority deems it necessary in public interest: SC

As per the latest media report by The Tribune, the petitioner doctor was booked under the provisions of the PCPNDT Act back in October 2023 at the Barwala Police Station in Hisar district. Referring to the 'deeply disturbing' issue of female infanticide, the HC bench observed,

"An alarming aspect is the involvement of unethical medical practitioners who in violation of the Hippocratic oath covertly conduct sex determination tests, thus, enabling this grave crime."

Referring to the practice of some doctors, who clandestinely perform the sex determination test, against their ethical commitments and principles of medical practice, the Court noted,

"The Hippocratic oath demands that doctors protect life and cause no harm. However, some of these practitioners motivated by greed, become complicit in the extermination of female foetuses. The involvement of unethical medical practitioners in facilitating this practice through clandestine sex determination test is particularly reprehensible, as it represents the betrayal of the very principles of the medical profession."

Law Trend has reported that the petitioner doctor was facing multiple criminal cases for allegedly conducting gender determination tests using portable ultrasound machines at undisclosed locations. As per the prosecutors, the clients were blindfolded en route to these locations to keep these sites a secret.

Even though the doctor participated in the investigation since December 2023, the counsel for the State contended that the doctor had been uncooperative, failing to surrender the laptop and ultrasound machine used in the tests. Referring to his repeated lack of cooperation, the State counsel insisted on the need to detain him for further interrogation.

While considering the matter, the HC bench rejected the defence claims that the FIRs under the PC & PNDT Act were inadmissible, emphasising the betrayal of medical ethics and principles by some doctors driven by greed, thereby participating in the destruction of the female fetuses.

Also Read: Violation of PC PNDT Act: Licence of three ultrasound centres suspended, show cause notice issued