In the Supreme Court
of India, Civil Original Jurisdiction, Writ Petition (Civil) No. 301 of
2000
CEHAT, MASUM & Sabu George (Petitioners) v/s Union of India &
Others (Respondents)
Order
It is unfortunate that for one reason or the other, the practice of
female infanticide still prevails despite the fact that gentle touch of
a daughter and her voice has soothing effect on the parents. One of the
reasons may be the marriage problem faced by the parents coupled with
the dowry demand by the so-called educated and/or rich persons who are
well placed in the society. The traditional system of female
infanticide whereby female baby was done away with after birth by
poisoning or letting her choke on husk continues in a different form by
taking advantage of advance medical techniques. Unfortunately,
developed medical science is misused to get rid of a girl child before
birth. Knowing full well that it is immoral and unethical as well as it
may amount to an offence, foetus of a girl child is aborted by
qualified and unqualified doctors or compounders. This has affected
overall sex ratio in various States where female infanticide is
prevailing without any hindrance. For controlling the situation, the
Parliament in its wisdom enacted the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act, 1994 (hereinafter referred
to as "the PNDT Act"). The Preamble, inter alia, provides that the
object of the Act is to prevent the misuse of such techniques for the
purpose of pre-natal sex determination leading to female feoticide and
for matters connected therewith or incidental thereto. The Act came
into force from 1st January, 1996.
It is apparent that to a large extent, the PNDT Act is not implemented
by the Central Government or by the State Governments. Hence, the
petitioners are required to approach this Court under Article 32 of the
Constitution of India. One of the petitioners is the Centre for Enquiry
Into Health and Allied Themes (CEHAT), which is a research centre of
Anusandhan Trust based in Pune and Mumbai. Second petitioner is Mahila
Sarvangeen Utkarsh Mandal (MASUM) based in Pune, Maharashtra and the
third petitioner is Dr. Sabu M.George who is having experience and
technical knowledge in the field. After filing of this petition, this
Court issued notices to the concerned parties on 9.5.2000. It took
nearly one year for the various States to file their affidavits in
reply / written submissions. Prima facie it appears that despite the
PNDT Act being enacted by the Parliament five years back, neither the
State Governments nor the Central Government has taken appropriate
actions for its implementation. Hence, after considering the respective
submissions made at the time of hearing of this matter, as suggested by
the learned Attorney General for India, Mr. Soli J.Sorabjee following
directions are issued on the basis of various provisions for the proper
implementation of the PNDT Act.
I. Directions to the Central Government
The Central Government is directed to create public awareness against
the practice of pre-natal determination of sex and female foeticide
through appropriate releases/programmes in the electronic media. This
shall also be done by Central Supervisor/Board ('CSB' for short) as
provided under Section 16 (iii) of the PNDT Act.
The Central Government is directed to implement with all vigour and
zeal the PNDT Act and the Rules framed in 1996. Rule 15 provides that
the intervening period between two meetings of the Advisor Committees
constituted under sub - section (5) of Section 17 of the PNDT Act to
advise the appropriate authority shall not exceed 60 days. It would be
seen that this rule is strictly adhered to.
II. Directions to the Central
Supervisory Board (CSB)
1. Meeting of the CSB will be held at least once in six moths. [Re.
Proviso to Section 9(1)]. The constitution of the CSB is provided under
Section 7. It empowers the Central Government to appoint ten member
under Section 7(2)(e) which includes eminent medical practitioners
including eminent social scientists and representatives of women
welfare organizations. We hope that this power will be exercised so as
to include those persons who can genuinely spare time for
implementation of the Act.
2. The CSB shall review and monitor the implementation of the Act. [Re.
Section 16(ii)].
3. The CSB shall issue directions to all State/UT Appropriate
Authorities to furnish quarterly returns to the CSB giving a report on
the implementation and working of the Act. These returns should inter
alia contain specific information about:
· Survey of bodies specified in section 3 of the Act.
· Registration of bodies specified in section 3 of the Act.
· Action taken against non-registered bodies operating in
violation of section 3 of the Act, inclusive of search and seizure of
records.
· Complaints received by the appropriate Authorities under the
Act and action taken pursuant thereto.
· Number and nature of awareness campaigns conducted and
results flowing therefrom
4. The CSB shall examine the necessity to amend the Act keeping in mind
emerging technologies and difficulties encountered in implementation of
the Act and to make recommendations to the Central Government. [Re.
Section 16]
5. The CSB shall lay down a code of conduct under section 16(iv) of the
Act to be observed by persons working in bodies specified therein and
to ensure its publication so that public at large can know about it.
6. The CSB will require medical professional bodies / associations to
create awareness against the practice of pre - natal determination of
sex and female foeticide and to ensure implementation of the Act.
III. Directions to State Government/UT
Administrations
1. All State Governments/UT Administrations are directed to appoint by
notification, fully empowered Appropriate Authorities at district and
sub - district levels and also Advisory Committees to aid and advise
the Appropriate Authority in discharge of its functions [Re. Section 17
(5)]. For the Advisory Committee also, it is hoped that members of the
said Committee as provided under section 17(6) (d) should be such
persons who can devote some time for the work assigned to them.
2. All State Governments/UT Administrations are directed to publish a
list of the Appropriate Authorities in the print and electronic media
in its respective State/UT.
3. All State Governments/UT Administrations are directed to create
public awareness against the practice of pre-natal determination of sex
and female foeticide through advertisement in the print and electronic
media by hoardings and other appropriate means.
4. All State Governments/UT Administrations are directed to ensure that
all State/UT Appropriate Authorities furnish quarterly returns to the
CSB giving a report on the implementation and working of the Act. These
returns should inter alia contain specific information about:
·Survey of bodies specified in section 3 of the Act.
·Registration of bodies specified in section of the Act.
· Action taken against non-registered bodies operating in
violation of section 3 of the Act inclusive of search and seizure of
records.
· Complaints received by the Appropriate Authorities under the
Act and action taken pursuant thereto.
· Number and nature of awareness campaigns conducted and
results flowing therefrom.
IV. Directions to Appropriate Authorities
1. Appropriate Authorities are directed to take prompt action
against any person or body who issues or causes to be issued any
advertisement in violation of section 22 of the Act.
2. Appropriate Authorities are directed to take prompt action against
all bodies specified in section 3 of the Act as also against persons
who are operating without a valid certificate of registration under the
Act.
3. All State/UT Appropriate Authorities are directed to furnish
quarterly returns to the CSB giving a report on the implementation and
working of the Act. These returns should inter alia contain specific
information about:
· Survey of bodies specified in section 3 of the Act.
· Registration of bodies specified in section 3 of the Act inc
luding bodies using ultrasound machines.
· Action taken against non-registered bodies operating in
violation of section 3 of the Act, inclusive of search and seizure of
records.
· Complaints received by the Appropriate Authorities under the
Act and action taken pursuant thereto.
· Number and nature of awareness campaigns conducted and results
flowing therefrom.
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