Index to the Judgment

FACTUAL BACKGROUND

3

SUMMARY OF ARGUMENTS

6

THE HISTORIC BACKDROP

9

ISSUES BEFORE THIS COURT

12

I. Cognizance of Offences under Section 28

12

II. Is Police Investigation permissible under PC&PNDT Act?

17

III. Quashing of FIR in a case under PC&PNDT Act

23

OBSERVATIONS OF THE COURT APROPOS THE NEED TO CLARIFY CERTAIN PROVISIONS AND PROCEDURES UNDER THE ACT

29

I. Joint Endeavour of Judiciary, Legislature and Executive to achieve Object of the Act

30

II. Impact Assessment of Laws, Practical Difficulties and Consequent Development of Jurisprudence by the Courts

34

III. Judicial, Institutional and Constitutional Restraint by the Courts v. Pointing out the Grey Areas in an Act for the Legislature to cure for achieving Substantive Justice

36

IV. Backdrop of Reasons Necessitating Issuance of Guidelines Apropos the Act : Quest for Substantive Justice

40

a. Need for Safe Womb for Female Foetus : Sex-Determination Tests directl