The Delhi High Court has remarked that parents who criticize their daughter-in-laws for not fulfilling the desire to "preserve the family tree" should be educated. The court emphasized that it is the son's chromosomes, not his wife's, that determine the gender of the child.

In the context of a dowry death case where a woman was allegedly harassed for insufficient dowry and giving birth to two daughters, the high court highlighted the incongruity of tying a woman's worth to material considerations in contemporary times. The court emphasized that such an idea contradicts the principles of equality and dignity.

"The persistent prevalence of regressive mindsets and instances, exemplified by cases involving insatiable demands for dowry, underscores a broader societal concern. It highlights the challenges faced by married women, whose intrinsic value and dignity should not be contingent upon their parents' ability to meet the insatiable financial demands from their in-laws," Justice Swarana Kanta Sharma said.

The high court expressed its concern over the disconcerting situation where parents hope for their daughter's well-being and comfort as she transitions from her paternal home to her matrimonial residence. However, instead of receiving love and support, the new bride is subjected to unwarranted greed and harassment from her in-laws.

The court emphasized that the trauma experienced by the victim of a dowry-related offense becomes even more profound and enduring when it leads to the tragic outcome of the victim taking her own life due to relentless torture and harassment.

Particularly distressing is the situation where the two daughters, whom she has loved and given birth to, become a pretext for further harassment and trauma, as if she alone is responsible for determining the child's gender.

"Surprisingly, the genetic science in this regard is ignored, according to which the genetic determination of gender of the unborn child when the child is conceived involves the combination of X and Y chromosomes, with females possessing two X chromosomes (XX) and males having one X and one Y chromosome (XY)." "According to Encyclopedia Britannica, the outcome of fertilisation depends on whether an unfertilized egg fuses with a sperm carrying an X or Y chromosome, resulting in the birth of a girl or boy, respectively," the high court said.

The court highlighted that it has handled numerous cases involving harassment, incessant nagging, and instances of suicide or dowry deaths. These tragic outcomes were a result of the victim being targeted for giving birth to daughters and facing continuous harassment for her inability to fulfill her husband and in-laws' desire to "preserve the family tree."

Justice Sharma pointed out that the court finds it necessary to emphasize that individuals holding such beliefs need education. The observation underscores that it is the son's chromosomes, not those of the daughter-in-law, which determine the gender of the child through the union of a married couple.

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

The high court made these observations while refusing to grant bail to the husband involved in a dowry death case.

The accused and his family members faced allegations of subjecting his wife to torture for dowry, ultimately resulting in her taking her own life.

The complainant, who is the father of the deceased woman, has made allegations that the accused and his family exerted pressure on his daughter for additional dowry and financial demands, leading to considerable distress. Furthermore, it has been asserted that she was subjected to taunts and mistreatment for giving birth to two daughters.

In its order, the high court emphasized that, at this stage, the prima facie evidence suggests that a woman lost her life simply for giving birth to daughters. The court asserted that such incidents should be deemed unacceptable in a conscientious society, and these offenses must be considered grave and serious, particularly when the trial is yet to commence.

"In view of the above facts and circumstances, and since the allegations against the present applicant/accused are grave and serious in nature, the charges are yet to be framed and the material witnesses are yet to be examined, this court is not inclined to enlarge him on bail," it said.

The court went on to express its opinion that in a society that advocates equality and endeavors for the equal progress and empowerment of women, occurrences like this stand out as disheartening milestones on the path toward achieving equal societal advancement for women.

The court emphasized that the belief suggesting a decline in a woman's value if her parents cannot meet dowry expectations set by her husband and in-laws signifies a deeply ingrained bias and discrimination against women.

The court highlighted that such expectations not only contradict the principles of gender equality but also foster an environment where women are objectified and reduced to mere transactions. The court acknowledged the profound distress faced by parents who, in their sincere efforts to ensure their daughter's happiness, reportedly gave everything they had to fulfill the dowry demands of her in-laws.