Delhi HC on Dowry Death Case: 'Birth of Girl or Boy Decided by Man’s Chromosomes, Not Woman'

On Thursday, January 11, the Delhi High Court delivered a statement regarding a dowry death case, emphasizing the need for educating people that the determination of a child's gender is based on the man's chromosomes, not the woman's. Justice Swarana Kanta Sharma made this observation while addressing an alleged harassment case of a daughter-in-law who was accused of giving birth to a girl.

The court highlighted the ignorance of "genetic science" in such matters, explaining that the gender determination of an unborn child involves the combination of X and Y chromosomes. Females possess XX chromosomes, while males have one X and one Y chromosome each.

Having dealt with numerous cases of harassment, suicide, and dowry deaths stemming from victimization of daughters-in-law for giving birth to girls, the court expressed the necessity of educating people. It stressed that it is the son's chromosomes, not the daughter-in-law's, that determine the gender of the child through the union of a married couple.

The court remarked, "Even if this judgment becomes the birthplace of such enlightenment, it will go a long way to change the mindsets of perpetrators of such crimes and save the lives of innocent married women, by using principles of science through principles of law."

Furthermore, the court observed that the persistent prevalence of regressive mindsets, as evidenced by cases involving insatiable dowry demands, underscores a broader societal concern.