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Synopsis

In a case that stirred the state, a 39-year-old woman from Kollam has approached the Kerala High Court against her husband, father-in-law and mother-in-law for allegedly instructing her on how to conceive a “good boy child.”

Justice Devan Ramachandran, hearing the plea, called the situation “shocking” and expressed astonishment that such regressive practices persist, particularly in a state known for its progressive values.

According to the petitioner, the ordeal began immediately after her marriage in 2012 when she was allegedly provided with a note by her husband, detailing methods for conceiving a boy. The woman’s plea alleges that, “...The note contained explicit instructions dealing with the exact manner and time to perform sexual intercourse so as to ensure a 95 percent chance of conceiving not just any boy, but a 'good boy child.' The groom and his family emphasised that the petitioner had to follow the instructions in the note as they believed that girls were always a financial burden…”

According to the woman, the situation escalated following the birth of a healthy girl child in 2014, despite following the instructions, which was contrary to the family's expectations. She claims that subsequent to her daughter's birth, the familial hostility and discriminatory treatment intensified, leading to a prolonged and distressing domestic environment.

The woman accuses her husband and his family of violating the Pre-conception and Pre-Natal Diagnostic Techniques (PC & PNDT) Act, 1994, the legislation enacted particularly to combat gender-based abortions and prohibit sex selection. The plea specifically alleges violation of Section 22 of the Act, which forbids any form of advertising related to prenatal sex determination and subjects such acts to legal penalties, was allegedly violated.

The woman further narrated her attempts to seek justice through official channels. She reported the alleged violations to the Director of the Pre-Natal Diagnostic Division and the Additional Director (Family Welfare), requesting a comprehensive investigation and strict penalties under the PC & PNDT Act. Despite registering her complaints and receiving acknowledgment, she expressed disappointment at the lack of subsequent action from the authorities.

The High Court granted time for the husband and his family (respondents) to respond to the allegations and has called for directions from both state and central authorities.

The matter is scheduled for the next hearing on February 29.

Cause title: A v Union Of India [WP(C) 6695/2024]