The Bombay High Court has overturned a sessions court order that granted relief to kirtankar Nivrutti Maharaj, stating that his speech constituted an advertisement for sex detection under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT Act).
Justice Kishore Sant of the Bombay High Court, Aurangabad division, rejected the kirtankar’s claim that his speech was intended for educational purposes. The judge emphasized that disseminating knowledge should be done in a specific manner to those interested and there was no evidence that the defendant was lecturing medical students.
Therefore, the court reversed the sessions court’s decision and reinstated the case against Nivrutti Maharaj.
Nivrutti Maharaj is a professional kirtankar who delivered a speech in Sangamner, Ahmednagar district, on January 4, 2020. He discussed techniques for conceiving a male child using excerpts from religious texts and Ayurvedic literature. He claimed that sexual intercourse on even dates would result in a male child, while conception on odd dates would lead to a female child. He also made assertions about the position of the fetus determining its gender.
The controversial speech was uploaded to YouTube, and a member of an anti-superstition organization filed a complaint against Nivrutti Maharaj under the PCPNDT Act. The case was pending before the Sangamner Magistrate court before being dismissed by the sessions court, prompting the writ petition to the High Court.
The authorities argued that Nivrutti Maharaj’s speech fell under the provisions of section 22 of the PCPNDT Act, which prohibits advertising for sex detection. The High Court interpreted the terms “advertisement” and “propagation” broadly, extending beyond clinics and diagnostic centers to anything that propagates or attempts to impose the message of sex selection.
The High Court also noted that Nivrutti Maharaj not only advertised but also claimed the accuracy and scientific support for the techniques he mentioned, emphasizing their religious sanctity.
Consequently, the High Court reinstated the case against Nivrutti Maharaj, finding fault with the sessions court’s decision to quash the proceedings and its narrow interpretation of sex detection advertisements.
