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ShareDr Chhaya Tated, 42, convicted for flouting law that prohibits diagnostic tests for pre-natal and pre-conception sex selection, in her appeal before the sessions court states that she intended to help "desirous women conceive and to grow the embryo to full term."
A Dadar Shindewadi court in August held Dr Tated and Dr Shubhangi Adkar, 62, in who owns Shree Maternity and Nursing Home in Dadar guilty of offence under Preconception and Prenatal Daignostics Techniques (prohibition of sex selection) Act and sentenced them to three years in prison. Dr Adkar has also filed an appeal against the conviction. The matter will come up before the session's court on January 25.
Dr Tated, a homoeopathic doctor based in Aurangabad had got an ad published in a weekly Marathi magazine in November 2004 offering special treatment to those who "want a boy". She was practicing in Dr Adkar's nursing home twice a month.
Attributing the printing and publication of the offending advertisement to"miscommunication", Dr Tated in her appeal stated that she had conveyed the message "Mul have (want a child)?" to Sunil Patani, who got in touch with the publisher.
Patani, according to her misinterpreted by him as "mulga have (want a son)?" the mistake according to her was aggravated by the face that there is not much difference in Marathi between the words "child" and "son". Dr Tated claimed that she had no intention to encourage either sex-determination or sex-selection.
Dr Adkar has stated in her appeal that she is just running the nursing home as a proprietor. Besides, as soon as she got to know of the incident, she had terminated contract with Dr Tated.
In the trial court, the Brihanmumbai Corporation was represented by advocate Zarir Engineer who had argued the nursing home was not registered either, as required under the PNDT Act, nor did it display a board to warn against tests to detect sex of a child.
