The Karnataka High Court has refused to quash criminal proceedings in an alleged female foeticide case in Ramanagara district, allowing the trial to proceed against a government doctor and two other accused individuals.
In its ruling, the court observed that female foeticide remains a serious social problem and said the allegations in the case require examination during trial rather than dismissal at an early stage. The court noted that female foeticide is a “moral blight on society.”
The petition had been filed by the accused seeking to quash charges registered by police.
The case centres on a couple from Channapatna taluk, Channakeshava and his wife Harshitha, who were expecting their third child in August 2025. According to the complaint filed by District Health and Family Welfare Officer, the couple allegedly sought to determine the sex of the fetus after already having two daughters. Prenatal sex determination for non-medical purposes is prohibited in India under the Pre‑Conception and Pre‑Natal Diagnostic Techniques (PCPNDT) Act, 1994, which was enacted to prevent sex-selective abortions.
Investigators stated that Channakeshava and Harshitha were brought to a medical facility by Sardamma and her husband Dase Gowda, residents of the same region. The two allegedly assisted the couple in seeking medical consultation to determine the sex. According to the complaint, Shashi S.L., a radiologist at the district hospital, Ramanagara conducted an ultrasound scan and allegedly revealed the sex of the fetus, which was reported to be female.
Following this, a medicine was prescribed and the women suffered from heavy bleeding on the same night leading to miscarriage. The authorities claimed that the abortion took place after the fetal sex had been determined, raising suspicion that it was carried out because the fetus was female.
Based on the complaint, a criminal case was registered against the couple, the radiologist who conducted the ultrasound examination, and the government doctor who allegedly prescribed the medicine.
The accused subsequently approached the High Court seeking to have the case dismissed before trial.
In their petition, the accused argued that the allegations lacked sufficient evidence and that the criminal proceedings should therefore be quashed. They contended that the investigation did not justify continuing the prosecution.
However, after reviewing the materials presented in the case, the High Court declined to intervene. The court observed that the allegations involving prenatal sex determination and termination of pregnancy require careful judicial examination.
The court stated that issues such as whether fetal sex determination had actually taken place, whether the abortion was linked to the fetus being female, and the role played by each accused individual could only be properly determined during a full trial. Evidence, medical records, and witness testimony would need to be evaluated before reaching any conclusions.
As a result, the High Court dismissed the petition to quash the proceedings and allowed the case to continue before the trial court, where the prosecution and defence will present their evidence.
The case falls under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, a law enacted in India to prevent sex-selective abortions and misuse of diagnostic technologies.
The Act regulates:
The use of ultrasound and prenatal diagnostic techniques
Registration of diagnostic centres
Record-keeping for prenatal procedures
Prohibition of sex determination of fetuses
Violations of the Act can lead to criminal penalties, including imprisonment, fines, and suspension of medical licenses.
See also: Hisar Illegal Sex Determination Racket Busted, Doctor Arrested
Female foeticide refers to the abortion of a fetus based on its sex, typically following illegal prenatal sex determination.
Public health experts note that the practice contributes to gender imbalance in population demographics and has been a significant concern in several parts of India.
The PCPNDT Act was introduced to address these concerns by restricting the misuse of diagnostic technologies intended for detecting genetic or congenital medical conditions.
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