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IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION(S)(CIVIL) NO(S).349/2006 VOLUNTARY HEALTH ASS. OF PUNJAB ETC. ETC. …PETITIONER(S)

VERSUS THE UNION OF INDIA & ORS. …RESPONDENT(S)

O R D E R We have heard learned counsel for the intervenor in this Writ Petition.

2. We find that this Writ Petition filed by the petitioner Association was filed in the year 2006, i.e., two decades ago, seeking the following reliefs:

“I. To reconstitute the AAS and the advisory committees throughout the country, removing private doctors from these committees and putting on these committees reputed NGOs and individuals who are committed to the full implementation of the Act and who would be working full time in such capacity.

II. To strengthen and expand the team of BORRA LM VALLI Date: 2026.11.05

1 R 7 e : a 5 s 9 o :1 n 5 : IST & establish an investigative arm under AA.

Ill. For an order making the A.A.s accountable such that they are directly held liable for worsening sex ratio in the area under their jurisdiction with clear legal consequences for breach of their duties.

IV. To make appropriate directions so that the statutory forms required to be maintained under the Act are maintained in duplicate and copies sent on a monthly basis to the AA's with reputed NGOs having access to the same for the purposes of monitoring and prosecutions and the A.As are held accountable.

V. To hold the A.As accountable for:

a. The statutory meetings to be held under the Act b. The records to be maintained under the Act.

VI. For an order directing the Appropriate Authorities to allow one operator to operate only one ultrasound machine and responsibility should be fixed on the operator to stop use of machine by any other unauthorized person by sealing the same ·in his absence.

VII. Direction to the USC to inform the AA as required under Rule 6 whenever there is change of management.

VIII. For an order directing the Appropriate Authorities to seal the machines immediately when ultra sound clinics inform that the qualified person/operator is not present in the clinic.

IX. All powers of the Appropriate Authirities may be clubbed together under Sec. 17 A of the Act.

Therefore, Sec. 30 (1) and 30 (2), which deal with search and seizure and empower the AAs (or a person authorized by it) with the provisions of Code of Criminal Procedure, 1973, need to be included under Sec.17 A to get a comprehensive view of the power of the A.As.

X. To direct that the complete monthly report to be submitted either including form F or the full information pertaining to all columns contained in the Form F and appropriately reviewed by AA.

XI. To make appropriate directions to ensure that machines seized and registrations cancelled are not returned or re-registered and the rules under the Act for this purpose may be amended accordingly.

XII. To make appropriate directions to the Medical Council of India and all doctors making it mandatory and a "duty to disclose" for all doctors to make a formal complaint whenever it comes to the notice of any medical practitioner that a breach of the Act has happened, or is likely to happen and suspend license to practice pending enquiry.

XIII. To appoint special legal officers to carry out the prosecution under the Act before the magistrate in place of the Government Pleaders, further the district authorities may utilize services of lawyers and for this purpose and the registration money collected while registering the machines under the Act to be used for this purpose.

XIV. For order directing all manufacturers and all sellers of machines that come within the ambit of Section 3-B to disclose on a monthly basis, instead of the present 3 months, to the Appropriate Authorities a list of persons to whom they have sold such machines.

XV. To constitute an enquiry committee to probe the legitimacy of use of ultrasourid machines, the number of ultrasound machines required and if any regulation of ultrasound machines i