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2018 Supreme(SC) 237

SUPREME COURT OF INDIA
DIPAK MISRA, CJI., A.M. KHANWILKAR, D.Y. CHANDRACHUD, JJ.
UNION OF INDIA – Petitioner
VERSUS
INDIAN RADIOLOGICAL AND IMAGING ASSOCIATION AND ORS. ETC. ETC. – Respondents
I.A Nos. 13-15 of 2017 IN SPECIAL LEAVE PETITION © Nos. 16657-16659 OF 2016
Decided On : 14-03-2018

Headnote:Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 – Sections 22, 23 r/w Rule 3.3(1)(b), 2(p) and 6, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training) Rules, 2014 – Directions given in Writ Petition (c) No. 349 of 2006 – Imperative for implementation of the Act and the Rules – Prescribing qualifications for doctors and technicians manning Pre-netal diagnostic centres – Act conferring Rule making powers on Central Government – High Court interfering with the directions – Impermissible – Stayed. (Para 10, 11)

       Writ Petition (c) No. 349 of 2006 (SC); Writ Petition (C) No. 6968 of 2011; Writ Petition (C) No. 2721 of 2014; Writ Petition (C) No. 3184 of 2014 (Delhi) – Referred

       Facts of the case:

       Supreme Court issued directions for implementation of PCPNDT Act in Voluntary Health Association of Punjab v Union of India [Writ Petition (c) No. 349 of 2006.

       The impact of the directions has been negated by a judgment rendered by a Division Bench of the Delhi High Court in a batch of cases including Indian Radiological and Imaging Association (IRIA) v Union of India [Writ Petition (C) No. 6968 of 2011], Indian Medical Association v Union of India [Writ Petition (C) No. 2721 of 2014] and Sonological Society of India v Union of India [Writ Petition (C) No. 3184 of 2014].

       Finding of the Court:

       The impact of the directions has been negated by a judgment rendered by a Division Bench of the Delhi High Court.

       Result: I.A.s disposed of.

ORDER

1. We have heard learned counsel for the contesting parties and considered the written submissions tendered, for the purpose of evaluating the grant of interim relief.

2. In Voluntary Health Association of Punjab v Union of India [Writ Petition (c) No. 349 of 2006], this Court by a judgment dated 8 November 2016 issued comprehensive directions for the purpose of effective implementation of the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 [PCPNDT Act]. The directions issued by this Court are extracted below:

“33. Keeping in view the deliberations made from time to time and regard being had to the purpose of the Act and the far reaching impact of the problem, we think it appropriate to issue the following directions in addition to the directions issued in the earlier order:-

(a) All the States and the Union Territories in India shall maintain a centralized database of civil registration records from all registration units so that information can be made available from the website regarding the number of boys and girls being born.

(b) The information that shall be displayed on the website shall contain the birth information for each District, Municipality, Corporation or Gram Panchayat so that a visual comparison of boys and girls born can be immediately seen.

(c) The statutory authorities if not constituted as envisaged under the Act shall be constituted forthwith and the competent authorities shall take steps for the reconstitution of the statutory bodies so that they can become immediately functional after expiry of the term. That apart, they shall meet regularly so that the provisions of the Act can be implemented in reality and the effectiveness of the legislation is felt and realized in the society.

(d) The provisions contained in Sections 22 and 23 shall be strictly adhered to. Section 23(2) shall be duly complied with and it shall be reported by the authorities so that the State Medical Council takes necessary action after the intimation is given under the said provision. The Appropriate Authorities who have been appointed under Section 17(1) and 17(2) shall be imparted periodical training to carry out the functions as required under various provisions of the Act.

(e) If there has been violation of any of the provisions of the Act or the Rules, proper action has to be taken by the authorities under the Act so that the legally inapposite acts are immediately curbed.

(f) The Courts which deal with the complaints under the Act shall be fast tracked and the concerned High Courts shall issue appropriate directions in that regard.

(g) The judicial officers who are to deal with these cases under the Act shall be periodically imparted training in the Judicial Academies or Training Institutes, as the case may be, so that they can be sensitive and develop the requisite sensitivity as projected in the objects and reasons of the Act and its various provisions and in view of the need of the society.

(h) The Director of Prosecution or, if the said post is not there, the Legal Remembrancer or the Law Secretary shall take stock of things with regard to the lodging of prosecution so that the purpose of the Act is subserved.

(I) The Courts that deal with the complaints under the Act shall deal with the matters in promptitude and submit the quarterly report to the High Courts through the concerned Sessions and District Judge.

(j) The learned Chief Justices of each of the High Courts in the country are requested to constitute a Committee of three Judges that can periodically oversee the progress of the cases.

(k) The awareness campaigns with regard to the provisions of the Act as well as the social awareness shall be undertaken as per the direction No.9.8 in the order dated March 4, 2013 passed in Voluntary Health Association of Punjab (supra).

(l) The State Legal Services Authorities of the States shall give emphasis on this campaign during the spread of legal aid and involve the para















































































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