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2005 Supreme(Bom) 731

V.C.DAGA, V.G.PALSHIKAR
VINOD SONI – Appellant
Versus
UNION OF INDIA – Respondent


Judgment

V. G. PALSHIKAR, J.

( 1 ) BY this petition, the petitioners who are married couple, seek to challenge the constitutional validity of Preconception and prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act of 1994 (hereinafter referred to Sex Selection Act of 1994 ). The petition contains basically two challenges to the enactment. First, it violates Article 14 of the constitution and second, that it violates Article 21 of the Constitution of India. At the time of argument, the learned counsel appearing for the petitioners submitted that he does not press his petition insofar as the challenge via Article 14 of the Constitution of India is concerned.

( 2 ) WE are, therefore, required to consider the challenge that the provisions of Sex Selection Act of 1994 are violative of Article 21 of the Constitution of india, Article 21 reads thus :

"protection of life and personal liberty - no person shall be deprived of his life or personal liberty except according to procedure established by law. "

( 3 ) THIS provision of Article 21, according to the learned counsel has been gradually expanded to cover several facets of life pertaining to life itself and personal liberties wh







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