Man's Chromosomes Determine Child's Gender: HC Urges Societal Education

The Delhi High Court has noted that parents who trouble their daughters-in-law for not fulfilling the desire to "preserve their family tree" should be educated about the fact that it is the son's chromosomes, not the wife's, that determine the child's gender. The court made these observations while handling a case involving the alleged dowry death of a woman who faced harassment from her husband and in-laws for inadequate dowry and giving birth to two daughters. The court emphasised that in modern times, linking a woman's value to material considerations goes against the principles of equality and dignity.

Justice Swarana Kanta Sharma emphasised that the continued existence of backward attitudes and instances, as illustrated by cases involving excessive dowry demands, points to a larger societal issue. She said, "The persistent prevalence of regressive mindsets and instances exemplified by cases involving insatiable demands for dowry underscores a broader societal concern. It highlights the challenges faced by married women, whose intrinsic value and dignity should not be contingent upon their parents' ability to meet the insatiable financial demands from their in-laws."

The high court expressed deep concern over a troubling situation where parents, with genuine hope for their daughter's well-being and comfort in her new matrimonial home, witnessed her being subjected to unrelenting greed and harassment from her in-laws instead of receiving love and support.

HC: Society Must Be Educated That Man's Chromosomes Determine Child's Gender

The court highlighted the profound and lasting trauma experienced by survivors of dowry-related offences, especially when they resort to ending their lives due to constant torture. It emphasised the disturbing aspect of using the birth of daughters as a basis for harassment, blaming the victim as if she alone is responsible for determining the child's gender.

The high court said, "Surprisingly, the genetic science in this regard is 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 fertilisation depends on whether an unfertilised egg fuses with a sperm carrying an X or Y chromosome, resulting in the birth of a girl or boy, respectively.”

The court revealed its extensive experience in dealing with numerous cases involving harassment, nagging, suicides, and dowry deaths resulting from the victim being targeted for giving birth to daughters and failing to fulfil the desires of her husband and in-laws to "preserve the family tree."

Justice Sharma underscored the need to educate individuals who engage in such behaviour, emphasising that it is the son, not the daughter-in-law, whose chromosomes determine the gender of the child through the union of a married couple.

The high court provided these observations in the context of refusing bail to the husband involved in a dowry death case.