Dr Khurana: First to file a complaint under PCPNDT Act
Dr Khurana: First to file a complaint under PCPNDT Act
THE FIGHT to save daughters continues. It is a mother’s fight to save her daughters from harm. Dr Mitu Khurana is the first woman in India to file a complaint under PCPNDT Act which was laid in 1994. There are more than fifty million missing girls in Indian population. After so many daughters missing and 16 years into the enactment of the act to prevent female feticide, one would have expected that the government would be keen that people come forward to report the crime.
The struggles of Dr Khurana show a totally different picture. She has been facing hardships since the day she filed a complaint under PCPNDT Act. It is a matter of fact that the form F was not filled when the ultrasound was done on her. The act very clearly says that any deficiency in filling form F during ultrasound in pregnancy amounts to sex determination, unless contrary is proved by the doctor conducting ultrasound.
It is also a fact, that when Dr Khurana was admitted in the hospital for egg allergy, the gynecologist had ordered only an ultrasound scan of her kidneys, ureter and urinary bladder. The radiologist did the detailed scan of her twin fetuses. In short no gynecologist had ordered a fetal scan. Still the authorities after trying their best to persuade Dr Khurana to withdraw her complaint filed a complaint only against the hospital concerned. The authorities have replied in an Right To Information application that they have not filed any case against the doctor who did the ultrasound.
It is very clearly stated in the handbook on PCPNDT Act released by government of India, that if a woman complains that she has been forced for sex determination, the authorities should file a complaint in court based on her statement. Despite all these proofs, the authority enquiring into Dr Khurana’s case, gave a report that there is no direct/ circumstantial evidence of sex determination in her case.
All these facts just show that the government is trying its best to save guilty so that no more Dr Khurana comes forward to save their daughters.
Mitu Khurana 
To
Mrs. Kiran Walia
Honorable minister for health and family welfare
New Delhi-58
Respected madam,
I had filed a complaint against my husband and in laws for cheating me into a sex determination test during my pregnancy. The enquiry was conducted by C.D.M.O (North West) and later by the team of doctors at Maulana Azad Medical College, New Delhi
I would like to point out certain points
I am one of the first complainant in whole of India under the act
The enquiry done by C.D.M.O (North-West) has found that no form F was filled when the ultrasound was done on me by radiologist at Jaipur Golden Hospital, New Delhi. The law is very very clear on this aspect and says that- Person conducting ultrasonography on a pregnant women shall keep complete record thereof in the clinic/centre in Form – F and any deficiency or inaccuracy found therein shall amount to contravention of provisions of section 5 or section 6 of the Act, unless contrary is proved by the person conducting such ultrasonography, where section 5 and 6 relates to “5. Written consent of pregnant woman and prohibition of communicating the sex of fetus” and “Determination of sex prohibited ”respectively
The enquiry conducted by team of doctors at M.A.M.C has added the facts that fetal ultrasound was never advised by the gynecologist, but still it was done.
The enquiry committee at M.A.M.C has also mentioned the fact about the agreement wherein my husband has agreed that he will in future never force me for sex determination or sex selective abortion. (copy of agreement attached)
The handbook on P.C-P.N.D.T act released by Gov. of India very clearly states- “In some cases women may themselves complain that they were forced to get the sex of the fetus determined. Then that woman’s statement can be recorded and she can also be called as a witness to depose about the doctor, the centre and the family members who forced her to get the test done.” In other words even if there is no documentary evidence the words of the women is enough to file a complaint in court.
Despite all these evidences the Appropriate Authorities have stated that there is no direct/circumstantial evidence of sex determination, and the enquiry committee set up at M.A.M.C states that the Appropriate Authorities have done a very good and detailed investigation. They are giving a clear advantage to all the accused and ensuring that the court does not take cognizance in the case. My husband and in laws are getting advantage in all the cases because of the above said false lines. Madam, because of these false lines I am facing a lot of harassment, and because of all this harassment I may be forced to withdraw my complaints to save my daughters. If the government does not have power to undo a wrong statement given by its own personnel, and also government takes no action against them, while the complaint is again and again saying that she is facing lot of harassment because of these false statement, that in itself shows the dedication of the government in fighting the menace of female feticide.
Madam as you probably know, my case has been mentioned even in the “2009 Human Rights Reports: India” released by U.S. department of state (http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136087.htm). I have all documentary evidences of the harassment being faced by me after filling the case. First I was tortured by my husband and in laws, than by the authorities, and now by judiciary. I have been told very clearly (albeit verbally) that in case I do not agree to withdraw my complaints, the Honorable Judge will ensure that I will have to produce my little daughters (only 4 ½ years old) in every date in the court. If this is the condition of our government and judiciary, I am troubled beyond words, and to save my daughters from harassment, may be forced to withdraw my complaint if nothing is done to rectify the wrong statements given in the enquiry report, quick justice is ensured.
Thanking you in anticipation
A frustrated mother
Dated-30/3/10
(Dr Mitu Khurana Nee Khosla)
Cc-
1. Smt Pratibha Patil, President of India, Fax No- 011-23917920, 011-23917824
2. Sri Mohammed Hamid Ansari , Vice President Of India, Fax No- 011-23018124, 23012645
3. Dr Manmohan Singh, Prime Minister of India, Fax No- 011-23019334
4. Smt Meira Kumar, Honorable Speaker Lok Sabha , Fax No- 011-23016212
5. Sri Ghulam Nabi Azad, Honorable Minister for Health and Family Welfare- 011-23062358
6. Sri Veerappa Moily, Honorable Minister for Law and Justice, Fax No- 011-23384241
7. Sri Mukul Wasnik, Honorable Minister for Social Justice and Empowerment Fax No- 011-23381902
8. Smt Krishna Tirath, Honorable Minister for Women And Child Development, Fax No- 011-23074054
https://mitukhurana.wordpress.com/
Dr Mitu Khurana
This menance of female feticide has to stop. Gynaecologists who does sex detrmeination scans shoudl be punished, on the contrtarory radiologists usally dont do abortion But if radiologists found ot be doing this they also should be punished Radiologists or sonologists no one is holy in our country I am sure the Goevrment will bring strict lawas to prevent this under the leadership of our great efficient prime minister Manmohan Singh Ji Hind
Hi, I wanted to discuss something but don’t know how
Ritu – what can we help you with?