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2015 Supreme(Raj) 286

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
SUNIL AMBWANI & PRAKASH GUPTA, JJ.
S.K. Gupta – Appellant
V/s
Union of India & ors. – Respondent
Civil Writ Petition (PIL) No. 3270/2012
Decided On : 15.4.2015

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Tanveer Ahmed Mr. S.K. Gupta, petitioner present in person
For the Respondent: Mr. G.S. Gill, AAG with Mr. H.S. Kandpal, Mr. B.S. Chhaba & Mr. S.K. Saini

Headnote:

Criminal Procedure Code ,1908 - Section 482 - Dowry Prohibition Act, 1961 - Section 8(b) - Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - Section 3(B) and 23(1) - Crime of female feticide - Missing girl child - Child Sex Ratio has been declining consistently from 916 girls per 1000 boys - Decline is significantly higher in urban areas though both rural and urban recorded child sex ratio of girls below 900 in accordance with Census - It was also discovered in census that in Districts child sex ratio of girls has further plummeted by 35 points - Problem has worsened in with these becoming hotspots of declining girl child ratio in the State - Petitioner has prayed for several directions including taking appropriate steps on legislative/executive/administrative side to stop any further declining of child sex ratio discourage dowry system/female feticide/sex selection/ sex determination/selecting abortion/discriminated abortion to direct for financial assistance and schemes for improvement of female children whether it concerns their birth/nutrition/education/marriage property rights/maintenance and other related matters reducing expenditure on marriages fixing number of guests in marriage ceremonies filing of video recording of marriage with Registrar of Marriage; compulsory registration of marriages preparation of list of presents in marriages in accordance with Dowry Prohibition - Held, Complaints addressed to District Magistrate or any other Appropriate Authority will be immediately reported to State Appropriate Authority for taking steps - Wherever complaints are found to be genuine on making inspections complainant will be rewarded and for which the State Government will issue appropriate scheme within three months - Decoy operations will be encouraged and for which State Government will issue guidelines for both carrying out decoy operations and for rewarding participants in the successful decoy operations - Efforts to encourage and expand scope of the schemes for welfare of girl child - State Government has taken sufficient measures for public awakening such as on birth of girl child involvement of various NGOs and Government Organizations in Beti Bachao Beti Padhao and in developing Asha Software for timely and seamless online payment under various schemes to beneficiary - Government will also consider to make education of girl child in State completely free to increase the percentage of reservation for women in public employment from 30% to 50% and to provide measures to limit expenditure in weddings at all levels - Respondents will submit compliance and progress report on directions issued by this Court from time to time and directions issued today and for further monitoring of matter – Order accordingly.

ORDER :

Sunil Ambwani, J.

1. This writ petition in public interest has been filed by a Senior Advocate of the Court deeply concerned with the increasing crime of female feticide and the consequent missing girl child in the State of Rajasthan, in which the Implied Sex Ratio at Birth has gone down from 924 girls to 1000 boys in 1994-2000, to 897 girls per 1000 boys in 2004-10, as against the Nation ratio of 935 in 1994-2000, to 923 in 2004-10. A prayer has been made to take steps, some of which are for implementation of the laws and the others to wake up the State Government to its statutory responsibility, against the crime.

2. In the State of Rajasthan, the Child Sex Ratio has been declining consistently from 916 girls per 1000 boys in 1991 to 909 in 2001 and 888 in 2011. The decline is significantly higher in the urban areas, though both rural and urban recorded child sex ratio of girls below 900 in accordance with the Census of 2011 (Mapping the Adverse Child Sex Ratio in India). It was also discovered in the census that in the Districts like Dausa, Tonk, Jaipur and Sikar, the child sex ratio of girls has further plummeted by 35 points. The problem has worsened in Sikar and Jhunjhunu with these becoming the hotspots of declining girl child ratio in the State. In addition to these Districts, the ratio has dipped below 900 in Nagaur, Jodhpur, Pali, Jalore and Sirohi.

3. The petitioner has prayed for several directions including taking appropriate steps on the legislative/executive/administrative side to stop any further declining of child sex ratio; discourage dowry system/female feticide/sex selection/ sex determination/selecting abortion/discriminated abortion; to direct for financial assistance and schemes for improvement of the female children whether it concerns their birth/nutrition/education/marriage property rights/maintenance and other related matters; reducing expenditure on marriages; fixing number of guests in the marriage ceremonies; filing of video recording of marriage with the Registrar of Marriage; compulsory registration of marriages; preparation of list of presents in the marriages in accordance with the Dowry Prohibition (Maintenance of List of Present to the Bride and Bridegroom) Rules, 1985; issuance of marriage certificate unless the provisions of Dowry Prohibition Act have been complied with; monitoring of working of Dowry Prohibition Officers and Advisory Boards under section 8(b) of the Dowry Prohibition Act, 1961; to appoint Empowered Committee for implementation of directions issued by Hon'ble Supreme Court in CEHAT & others case; enforcement of Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, “the PCPNDT Act of 1994”); pass orders for synchronization and coordination of different department in carrying out the objects of the relevant laws.

4. The Court appreciates the research and efforts made by the petitioner for various steps, which will definitely discourage female feticides and stop the declining of sex ratio of girl child in the State of Rajasthan. We are informed that the Hon'ble Supreme Court is regularly monitoring the directions issued by it in Voluntary Health Ass. of Punjab V/s Union of India and ors. (Writ Petition (s) (Civil) No. (s).349/2006) and that in the last order dated 18.2.2015, the Supreme Court has issued directions to file report of compliance fixing the matter on 15th April, 2015.

5. In this writ petition, orders were passed beginning from 30.3.2012, which may be summarized as follows:-

30.3.2012

The Court directed the trial court to frame charges in the pending cases, wherever charges have not been framed, within a period of two months, seeking extension of time from the High Court in case of any delay in framing charges.

11.5.2012

Noticing that bailable and non-bailable warrants have been issued against large number of accused, which are pending compliance, the Director General of Police was directed to ensure service o




























































































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