Justice for Dr Mitu Khurana

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Dr Mitu Khurana is a doctor. Her parents are also doctors and she comes from a respected, educated family. Dr Mitu Khurana has been fighting against the discrimination towards her daughters and harassment towards her by her in laws. Dr Mitu Khurana is perhaps the first woman in India to have filed a complaint under P.N.D.T Act against Her husband, in-laws and others who deceived her into the sex determination test.

Dr Mitu Khurana has been fighting for 8 years now. When Dr Mitu Khurana started her fight, perhaps she thought that there are women friendly laws, and women friendly courts… that our country and judiciary is doing so much to ensure a just society for the discriminated half of the society. Her struggle has been documented by various national and international media and is very much in public domain. Dr Mitu Khurana`s story coverage in media encouraged and will continue to encourage other women to come forward and say no to female feticide and save their daughters.

The amount of evidence which Dr Mitu Khurana had gathered may not be available to many other women who may try to take up the fight…. And still the courts deciding against her based on technical grounds will discourage any woman from coming forward.

The clinic in which sex determination was done belongs to a influential person, who stated in his petition u/s 482 for quashing of the summoning orders that he is the consultant radiologist to the president of India. Hon'ble Supreme court and Delhi High Court are on his panel, he was also the president of Indian Radiological association , He is recipient of the Padam Sri and many more pages of self praise. This is in addition to his own admission in High court that

1.   He was running a USG centre without registration.

2.   A Doctor working in his centre did the foetal USG on Dr Mitu, which was never asked for by the gynaecologist.

Moreover from records it is confirmed that no consent was taken from her and the mandatory records were neither maintained nor sent to the appropriate authority as required under P.N.D.T Act.

However shockingly when the judgement from high Court came we were shocked to see that

1.   All the facts of the case were taken as it is from the petition of the accused persons without even considering any of the submissions given in the reply, written arguments of the Advocate and without even going through the documentary evidences attached. 

2.   The facts stated in the judgement were factually wrong at many places. 

3.   The complaint was dismissed on the basis of a 12 day delay in filing the complaint to appropriate authority. The Judge did not even go through Her complaint filed much before the expiry of the limitation period to various authorities including the NCW, DCW, Prime Minister and President of India etc. 

Dr Mitu still kept hope and filed a SLP in the Supreme Court. Initially the matter was listed for 16th September 2016 in Court No 6 before Hon'ble Mr. Justice Ranjan Gogoi and Hon'ble Mr. Justice Prafulla C. Pant. However when the final list came up on 15th September 2016, we were shocked to see that the case had been transferred to Court No.9 before Hon'ble Mr. Justice Pinaki Chandra Ghose and Hon'ble Mr. Justice Amitava Roy.

The reason for transfer of the case is not being told despite filling multiple RTI and vague answers are being given despite appeals to RTI`s. 

In Supreme Court, the SLP was dismissed with one line order - “UPON hearing the counsel the Court made the following ORDER The Special Leave Petitions are dismissed.”

The SLP was dismissed within 5 minutes, without even letting her advocate speak 5 sentences. 

Mitu Khurana fought for over 8 years only to set up a good precedence for any mother fighting against female feticide.

All Petitions, Replies, and other documents are uploaded here.

High Court

1) https://savedaughters11.wordpress.com/2016/05/04/dr-harsh-mahajan-vs-state-of-nct-of-delhi-others-crl-m-c-3128-of-2011/

2) https://savedaughters11.wordpress.com/2016/05/05/dr-niten-seth-vs-state-of-nct-of-delhi-others/

3) https://savedaughters11.wordpress.com/2016/05/04/annexures/

 ​Supreme Court

1) SLP- ​https://savedaughters11.wordpress.com/2016/09/19/supreme-court-appeal/

2) All Annexure for Supreme Court- https://savedaughters11.wordpress.com/2016/09/20/supreme-court-annexures-2/

The Judiciary has failed not only her and her daughters, but all the born and yet to be born daughters of this country. The history of this country will surely document her fight as the first mother to speak up and take legal action against Doctor, Husband and in laws for forcing her to undergo sex selective abortion. All the judgements and documents which are in Public domain will surely show how the Judiciary let down the daughters of this country and discouraged any mother from coming forward and fighting against female feticide. 

 

This petition will be delivered to:
  • New Delhi, India
    President of India
  • Supreme Court of India
    Chief Justice of India


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