Delhi HC refers genetic science in dowry death case, says man's chromosomes decide child's gender

The High Court observed that in contemporary times, the idea of a woman's worth being tied to material considerations, such as dowry, contradicts the principles of equality and dignity.
Image used for representational purpose only.
Image used for representational purpose only.

NEW DELHI: Highlighting ignorance of "genetic science" among families who victimize their daughters-in-law for giving birth to daughters and not fulfilling their "desire of preserving the family tree", the Delhi High Court has said such parents should be educated that it is their son and not his wife whose chromosomes will decide the child’s gender.

Justice Swarana Kanta Sharma, while dealing with a matter related to the dowry death of a woman, noted that "prima facie at this stage, a woman has lost her life for giving birth to females which should be totally unacceptable to a conscientious society."

"In contemporary times, the idea of a woman's worth being tied to material considerations, such as dowry, contradicts the principles of equality and dignity," the high court observed in the order.

It further added that the notion that a woman's value diminishes if her parents cannot fulfil dowry expectations of her husband and in-laws reflects a deep-seated bias and discrimination against women. Such expectations not only violate the principles of gender equality but also contribute to an environment where women are objectified and reduced to mere transactions.

Denying bail to the accused husband who along with his family members allegedly used to torture his wife for dowry leading to her committing suicide, the high court said, "Such offences have to be considered as grave and serious when the trial is yet to be begin."

The victim woman was being allegedly harassed by the accused and others for bringing insufficient dowry and giving birth to two daughters, the court noted.

"..the trauma is multiplied and becomes lifelong when the victim of a matrimonial dowry-related offence gives up her life due to constant torture and harassment, especially when the two children she has procreated and loved who are her daughters also become a ground to nag, harass and traumatizing her, as if, she is solely responsible for giving birth to daughters," the order read.

The court was surprised that the "genetic science in this regard" is totally ignored according to which, the genetic determination of the gender of the unborn child when the child is conceived, involves the combination of X and Y chromosomes, with females possessing two X chromosomes (XX) and males having one X and one Y chromosome (XY).

"According to Encyclopedia Britannica, the outcome of fertilization depends on whether an unfertilized egg fuses with a sperm carrying an X or Y chromosome, resulting in the birth of a girl or boy, respectively," the court pointed out.

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