Justice for Dr Mitu Khurana
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It has been almost 10 years since Dr Mitu has been fighting in courts against female foeticide
At end of it we all are feeling very frustrated and many a times Mitu says she questions herself if she did something wrong by starting this battle.
The way the courts have handled the case -the way all the truth has been falsified and the way all the falsehood have been converted into truth
The Lower court discharged the accused husband , in-laws and the hospital based on non existent contradictions in statements ,ignored the confessions by her husband and the statements of various witnesses, Disregarded the documentary evidences which were present in the case .
She kept on fighting . We thought the higher courts would be better
The High Court dismissed her complaint in appeal filed by the Doctor who did the USG and the owner of the ultrasound center saying that she was 12 days late in filing the complaint to the appropriate authority. It did not even consider the complaint she made to the health minister and the National Commission Of Women much before the expiry of the limitation period and also the regular police complaints which she had been making right since from pregnancy. Judgement did not even mention any of the arguments raised by her counsels and in fact labeled her as a habitual litigant who is fighting cases against husband in laws and in order to just take out a vendetta have made the doctor and the hospital a party in her complaint another pndt act.
The judgement said that she did not give the requisite notice to the appropriate authority in the prescribed form while actually the notice in prescribed form is very much on record , along with the postal slip and even noting of the appropriate authority regarding having received the notice.
The clinic in which sex determination was done has admitted in High court that
1. He was running a USG centre without registration. The Hospital which had outsourced its premises to the Ultrasound center was registered, but the Ultrasound center itself was not registered.
2. A Doctor working in his center did the foetal USG on Dr Mitu, which was never asked for by the gynaecologist.
3. The essential forms and consent for the USG was neither maintained nor sent to the appropriate authority (the month after the USG) as required under P.N.D.T Act.
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.
Petitions, Replies, and other documents of High court are uploaded here.
The supreme court went step higher and dismissed the complaint right on the very first day saying that because she has filed cases against her husband and in-laws so the case against the doctor and the hospital does not stand again labeling her as a someone who loves litigating. 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.
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.”
Mitu Khurana fought for over 8 years only to set up a good precedence for any mother fighting against female foeticide.
Petition and other documents are uploaded here.
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
It makes us realise how our courts can turn a criminal into an innocent person and innocent person into a criminal.
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