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Supreme Court of India 2021-01-21 dismissed

Rekha Sengar vs State of Madhya Pradesh

Bench: 3 — Mohan M. Shantanagoudar

In Brief

A woman accused of conducting illegal pre-natal sex determination and sex-selective abortion at her residence challenged the High Court's denial of bail. The Supreme Court upheld the denial, holding that in cases under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, bail must be refused where prima facie evidence exists of this grave offence. The Court emphasized that female feticide is a form of violence against women with serious societal consequences, and that strict enforcement is necessary to prevent the law from becoming a mere paper tiger. The petitioner's more active role compared to her co-accused justified differential treatment. Trial to proceed on merits.

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Criminal Procedure Bail Pre-Natal Sex Determination Female Feticide Women's Rights Medical Regulation Non-Bailable Offences

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