The main legal point established in the judgment is the need for the effective implementation of the Pre-conception and Prenatal diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 to prevent discrimination against the girl child and the misuse of modern science and technology for sex selection.

Judgment

SHAH, J.

( 1 ) IT is an admitted fact that in Indian society, discrimination against girl child still prevails, may be because of prevailing uncontrolled dowry system despite the dowry Prohibition Act, as there is no change in the mind-set or also because of insufficient education and/or tradition of women being confined to household activities. Sex selection/sex determination further adds to this adversity. It is also known that number of persons condemn discrimination against women in all its forms, and agree to pursue, by appropriate means, a policy of eliminating discrimination against women, still however, we are not in a position to change mental set-up which favours a male child against a female. Advance technology is increasingly used for removal of foetus (may or may not be seen as commission of murder) but it certainly affects the sex ratio. The misuse of modern science and technology by preventing the birth of girl child by sex determination before birth and thereafter abortion is evident from the 2001 census figures which reveal greater decline in sex ratio in the 0-6 age group in States like Haryana, Punjab, maharashtra and Gujarat, which are economically better off.

( 2 ) DESPITE this, it is unfortunate that law which aims at preventing such practice is not implemented and, therefore, nongovernmental organisations are required to approach this Court for implementation of the Pre-natal Diagnostic Techniques (Regulation and Prevention of misuse) Act, 1994 renamed after amendment as "the Pre-conception and Prenatal diagnostic Techniques (Prohibition of Sex Selection) Act" (hereinafter referred to as the PNDT Act) which is the normal function of the Executive.

( 3 ) IN this petition, it was inter alia prayed that as the pre-natal diagnostic techniques contravene the provisions of the pndt Act, the Central government and the State governments be directed to implement the provisions of the PNDT act (a) by appointing appropriate authorities at State and District levels and the advisory Committees; (b) the Central government be directed to ensure that central Supervisory Board meets every 6 months as provided under the PNDT act; and (c) for banning of all advertisements of pre-natal sex selection including all other sex determination techniques which can be abused to selectively produce only boys either before or during pregnancy.

( 4 ) AFTER filing of this petition, notices were issued and thereafter various orders from time to time were passed to see that the act is effectively implemented. A] On 4/05/2001, following order was passed: "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 problems 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 diagonstic 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 prenatal sex determination leading to female feoticide and for matters corrected therewith