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IN THE SUPREME COURT OF INDIA


CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO. 349/2006

IN THE MATTER OF:


VOLUNTARY HEALTH ASSOCIATION
OF PUNJAB

PETITIONER

VERSUS

UNION OF INDIA & ORS.

RESPONDENTS

SUGGESTIONS BY MR.SANJAY PARIKH,


ADVOCATE ON BEHALF OF DR. SABU
MATHEW GEORGE (INTERVENOR) AND
VARSHA DESHPANDE(INTERVENOR), BOTH
MEMBERS OF NATIONAL INSPECTION AND
MONITORING COMMITTEE(NIMC)

1.

Non-implementation of the directions given in


CEHAT & Ors. & Union of India & Ors., 2003(8) SCC
398
These written submissions have been filed pursuant to the
order dated 17.11.2015 by this Honble Court. It may be
stated at the outset that this Honble Court has been
sincerely concerned about effective implementation of the
provisions of the PC-PNDT Act and Rules, 1994 (as
amended in 2002). In Writ Petition (C) 301/2000, filed by
Centre for Enquiry into Health and Allied Themes (CEHAT,
MASUM and Dr.Sabu George), this Honble Court had given
several orders from 4 May, 2001 onwards culminating into

the final order dated 10.09.2003 reported in CEHAT & Ors.


& Union of India & Ors., 2003(8) SCC 398. Along with the
main judgment, orders dated 04.05.2001, 07.11.2001,
11.12.2001 and 31.03.2003 were appended.
Following directions given in Para 6 of the said judgment
have either not been implemented or there is lack of
effective implementation.:
6(a) For effective implementation of the Act, information

should be published by way of advertisements as well as on


electronic media. This process should be continued till there
is awareness in the public that there should not be any
discrimination between male and female child.
With regard to the above direction, it is submitted that the
advertisements

and

other

publications

made

in

the

newspapers as well as in electronic media at present are


not effective and adequate, in as much as they lack in
conveying the spirit of the PC-PNDT Act and that elimination
of discrimination against the girl child should be the prime
objective.

It

advertisements

is,
and

therefore,
other

submitted

that

the

publications

in

the

newspapers/magazines/electronic media, etc. should be


consistent with the provisions of the PC-PNDT Act
throughout all the States/UTs and that the material for such
publications/advertisements should be prepared by the
Ministry of Health and Family Welfare (MoHFW) in
consultation with the

Central Supervisory Board and

members of those civil societies who are consistently


working in this field so that the dissemination of information
focusses on the elimination of discrimination and effective
implementation of the Act. All national and state initiative
such as Beti Bachao-Beti Padao should concentrate on
implementation of PC-PNDT Act.
6(b) Quarterly reports by the appropriate authority, which

are submitted to the Supervisory Board should be


consolidated and published annually for information of the
public at large.
This direction has not been implemented. For effective
implementation of the said direction, quarterly reports by
Appropriate
respective

Authorities
State

should

Supervisory

be

submitted

Boards

and

the

to

the
State

Supervisory Boards, after consolidating them and taking


necessary

action,

should

submit

it

to

the

Central

Supervisory Board along with the Action Taken Report. The


Central Supervisory Board should publish the said report
annually, after issuing such directions as may be required
generally for all the States/UTs and also specifically for a
State/UT. This Annual Report should contain all the
information which provisions of the PC-PNDT Act and Rules
require.
6(d) The National Inspection and Monitoring Committee

constituted by the Central Government for conducting


periodic inspection shall continue to function till the Act is
effectively implemented. The reports of this Committee be

placed before the Central Supervisory Board and State


Supervisory Boards for any further action.
This Honble Court constituted the NIMC as it would give
and independent view to the Union Government and to this
Honble Court after visiting States/UTs. However, the NIMC
was not constituted consistently after the 2003 judgment.
At times, no NIMC existed for several years. The NIMC has
been submitting its reports to the Central Government but
there

has

largely

been

non-compliance

of

its

suggestions/recommendations. This is, one, among several


reasons why implementation of the Act continues to be
ineffective. It may be pointed out that the Applicants are
members of the NIMC and are seriously concerned about
proper consideration and action taken based on the reports
submitted by them to the Centre on particular States/UTs.
The following suggestions are, therefore, made to make the
monitoring by NIMC effective:
I.

NIMC should consist of representatives of civil


societies, representatives of the Union of India
from Women and Child Development Ministry,
Health and Family Welfare Ministry as well as the
Law and Justice Ministry.

II.

There should be a minimum of 2 visits of NIMC


to each State/UT annually.

III.

The NIMC should submit its report to the


Ministry of Health and Family Welfare. The
MoHFW shall send the NIMC report to the State
Supervisory Boards, as well as the concerned
Health Departments. The concerned SSB will
submit Action taken Report to the MOHFW as
well as to the CSB. The MOHFW and CSB will
issue such directions as may be required in
relation to the concerned State/UT.

IV.

The

National

inspection

and

Monitoring

Committee has faced several difficulties during


their visits to different states. In future, the Chief
Secretaries of respective states, which the NIMC
proposes to visit, should be informed in advance
regarding the visit so that appropriate security
arrangements are made for the members of
NIMC in order to discharge their functions. There
have been several instances of NIMC being
prevented from inspection of clinic in recent
years for example, in Bihar, UP, Jharkhand, etc.
V.

The nominees of agencies like IRA / FOGSI


should not be made ex-officio members of NIMC
because these medical associations have not

been fully co-operative in implementation of the


PC-PNDT

Act

in the

past;

the

IRIA has

repeatedly challenged the constitutional validity


of several beneficial sections of the PCPNDT Act.
VI.

The

State/UT

and

District/Sub-District

appropriate authorities should be directed to


ensure that clinics/centres, etc. under the Act
are opened, if required, so that the inspections /
surprise visit of the NIMC are not rendered futile
due to premises of such clinics/centres proposed
to be inspected being kept closed.
VII. All States/UTs should be directed to file Action
Taken Reports to this Honble Court on all NIMC
recommendatons since the last judgment of this
Honble Court in March 2013.
2.

Clarification of the directions given in judgment


dated 04.05.2013, Voluntary Health Association of
India v. Union of India,2013 (4) SCC 1
This Hon'ble Court by the judgment dated 4 March, 2013, in
Voluntary Health Association of India v. Union of India,
2013(4) SCC 1 has given several directions for effective
implementation of the Act/Rules. After going through these
directions carefully, as well as the provisions of the PC-

PNDT Act &

Rules, the following

clarifications and

suggestions are required.


For convenience, the following chart has been prepared
showing the directions given in the judgment and the
clarifications which are prayed for:

No

Direction

Clarification Sought

1.

The Central Supervisory

Under Section 9(1) proviso,

Board and the State and

The

Union Territories

Supervisory

Supervisory Boards,

meet at least once in 6

constituted under Sections7

months. However, the State

and 16A of PC&PNDT Act,

Supervisory

Board

(SSB),

would meet at least once in

constituted

under

16A,

six months, so as to

should meet at least once in

supervise and oversee how

4 months, as per 16-A(3).

effective is the

It may be clarified that the

implementation of the

Statute requires SSB to meet

PC&PNDT Act.

once in 4 months to prepare

Board

(Central

Board)

shall

consolidated reports under


Section 16A(1)(iv) and the
decisions taken therein are
submitted before the CSB
which

meets

once

in

months.
2

The

State

Committees

Advisory Under Section 17 read with


and

District Section 17(A) of the Act,

Advisory Committees should powers have been given to


gather information relating the Appropriate Authority for
to the

summoning of any person,

breach of the provisions of production of any document


the PC&PNDT Act and the or material object and issuing
Rules and take steps to search warrant and not to
seize records, seal machines the
and

institute

State

and

District

legal Advisory Committee. Section

proceedings, if they notice 17(4)(c) gives powers to the


violation of the provisions of Appropriate
the PN&PNDT Act.

Authority

to

investigate complaints to the

breach of the provisions of


the Act or the Rules made
there

under

and

take

immediate action as well as


Section

17(4)(g)

to

supervise the implementation


of the provisions of the Act
and Rules. Section 30 gives
powers to the Appropriate
Authority to search and seize
records;

further

Rule

11

gives powers for inspections


and

Rule

12

powers

for

search and seizure. Nowhere


in the Act or Rules these
powers are given to the
State/District

Advisory

Committees.
3.

The Committees mentioned The word Committees need


above

should

details

of

report the to be replaced by the word

the

charges Appropriate

Authority

as

framed and the conviction under Section 23(2) of the


of the persons who have Act

it

is

committed the offence, to Authority

the
which

Appropriate
has

been

the State Medical Councils given power to report to the


for proper action, including State Medical Council. Under
suspension

of

the Section 23(2) The name of

registration of the unit and the

registered

medical

cancellation of license to practitioner shall be reported


practice.

by the Appropriate Authority


to the State Medical Council
concerned...

10

4.

The

authorities

should The word Authorities and

ensure also that all Genetic District Authorities need to


Counseling Centers, Genetic be replaced by the word
Laboratories
Clinics,
Scan

and

Genetic Appropriate authority.

Infertility
Centers

Clinics,

etc.

using

preconception and pre-natal


diagnostic techniques and
procedures should maintain
all records and all forms
required to be maintained
under the Act and the Rules
and the duplicate copies of
the same be sent to the
concerned

District

Authorities, in accordance
with Rule 9(8) of the
Rules.
5.

States and District Advisory The relevant provisions of the


Boards should ensure that Act and Rules are: Section 3all

manufacturers

and B and Rule 3-A(2).

Rule 3-

sellers of ultra-sonography A(3) provides for submission


machines do not sell any of affidavits by the Genetic
machine to any unregistered Counselling Centres, Genetic
centre, as provided under Laboratories

and

Genetic

Rule 3-A and disclose, on a Clinics, Ultrasound Clinic and


quarterly

basis,

concerned

to

the Imaging Centres or any other

State/Union body or person registered

Territory

and

Central under the Act for purchasing

Government,

persons

whom

to

list

of or getting authorization to the


the manufacturer/importer/dealer

machines have been sold, in ,etc.

11

accordance with Rule 3-A(2) The


of the Act.

Directions

appropriately
giving

may

be

clarified

by

responsibility

of

ensuring the implementation


of these specific provisions to
the Central Government and
concerned

State/UT

Appropriate Authority and not


to State and District Advisory
Boards as per Rule 3-A(2).

6.

There will be a direction to

The Forms to be maintained

all Genetic Counselling

by the Genetic Counselling

Centers, Genetic

Centers, Genetic Laboratories

Laboratories, Clinics etc. to

and Genetic Clinics, Infertility

maintain Forms A, E, H and

Clinics, Scan Centres under

other Statutory forms

Section 4(3 proviso) read with

provided under the Rules

Section 29, and Rules

and if these forms are not

9(2),(3),(4),(5) and Rule 10

properly maintained,

are Forms D,E,F,G & H. And

appropriate action should be therefore in place of A,E,H


taken by the authorities

the Forms D, E, F, G & H to

concerned.

be substituted. There is a
need to give further direction
to every Genetic Counseling
Centers, Genetic Laboratories
and Genetic Clinics, Infertility
Clinics, Scan Centres that
they shall maintain a register
as provided under Rule 9(1).

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7.

Steps should also be taken No suggestion.


by the State Government
and the authorities under
the Act for mapping of all
registered and unregistered
ultra-sonography clinics, in
three months time.

8.

The authorities concerned The word Authorities should


should take steps to seize read

as

Appropriate

the machines which have Authority.


been

used

illegally

and

contrary to the provisions of


the

Act

and

the

Rules

thereunder and the seized


machines
confiscated

can

also

under

be
the

provisions of the Code of


Criminal Procedure and be
sold, in accordance with
law.

With regard to Direction 8 and 9 in the order dated


March 4, 2013 the following suggestions are given:
No. Directions
9.

Suggestions

Steps should be taken by In addition to educating the


the State Governments and people,

the

the Union Territories to Appropriate

training

of

Authorities

&

13

educate the people of the Advisory committee members,


necessity of implementing public
the provisions of the Act by officers

prosecutors,
at

all

judicial

levels

is

conducting workshops as required. The directions may


well as awareness camps at be given to State and National
the

State

and

District Judicial Academies, Union and

levels.

State/UT Health Departments


and Union and State/UT Law
&

Judiciary

as

well

as

Departments of Prosecution.

10. Special Cell be constituted The

information

collected

by the State Governments regarding pending/disposed of


and the Union Territories to cases

by

the

State

monitor the progress of Governments/Union Territories


various cases pending in be provided to the MoHFW as
the Courts under the Act well as the CSB for such
and take steps for their measures as may be required
early disposal.

for effective implementation of


the Act/Rules.

3. Registration of Births
1.

There should be a uniform implementation of registration of


births all over the Country, as provided under the
Registration of Birth and Death Act, 1969. The data
collected by the States/UTs should be provided to the State
Supervisory Boards, who should share it with Central
Supervisory Boards. The State of Kerala provides details of
all births and other vital information on a website known as

14

a Sevana website (cr.lsgkerala.gov.in) which can be


accessed by all. This was pointed out to this Honble Court
and is recorded in the order dated 16.09.2014.
8.

The

Sevana

website,

accessed

at

www.cr.lsgkerala.gov.in maintained by the Kerala


Government (Local self government Department)
provides details of all births and other vital statistics
which are electronically registered by the Local
Governments in the registration units. Kerala was the
first State in India to have a centralized database of
civil registration records from all registration units.
This initiative of the Kerala Government has received
wide acclaim. Thereby from the website we get
information regarding the number of boys and girls
being born.
Public display of birth data sex-wise provides
transparency about the performance of each State,
District and sub-District in respect to the actual births
and therefore, helps to highlight any potential malpractice of sex determination. This public knowledge
may

dissuade

both

the

unethical

medical

professionals and the general public in the long run


from committing crimes of sex determination and sex
selective abortion. As no community would like to be

15

stigmatized in the public domain year after year for


crimes

of

sex

determination

or

sex

selection

committed secretly.
9. That below are details of some of the information
displayed on the website:
i) The birth information is summarised for the State.
And for each unit, District, Municipality, Corporation
or Gram Panchayat level data can be obtained by
clicking the map.
ii) Graphs provide a visual comparison of boys and
girls born over the past three years.
iii) This is available at the State, District and other
local body levels.
This Honble Court by order dated 13.01.2015 directed:
At this juncture, it is submitted by Mr. Sanjay
Parekh, learned counsel appearing for the applicant
that in certain cases, the figures that are collected as
regards the birth of children are not put on the web
site . It is directed that the said figures/data shall be
put on the Government website and the said website
shall be adequately publicized.

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There should be a direction to all the States/UTs to


follow the Kerala model and put the data on the
respective Governments websites.
4.

Training / Orientation / Skill Building


I.

There should be periodic orientation programmes /


trainings

for

appropriate

authorities

regarding

procedures like search and seizure and other aspects


relating to investigation and collection of evidence.
II.

Trainings about PCPNDT Act must be organised for


other authorities such as public prosecutors, lawyers,
judges, police personnel and the media

5.

Prosecution
I.

The Director of Public Prosecution of each State


should participate in the State Supervisory Board
Meetings to ensure that there is convergence of
thought process between Advisory Agencies and the
implementation agencies.

II.

There has to be coordination between Chief Public


Prosecutor and District Appropriate Authorities on
individual cases. It would be in the fitness of things if
there is a Nodal Officer appointed for every district
who can act as a Liaison Officer between the
appropriate authority and the public prosecutors. The

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Nodal Officer apart from sharing of information can


also monitor court cases on monthly basis. Relevant
extracts from an NIMC report of a special visit to Bihar
ordered by this Honble Court in 2015 is quoted
below:
Our visit to four Districts revealed that the
information submitted is incomplete for three
Districts (excepting Patna) in the Bihar State
Affidavits. Too often cases are filed by District
authorities and forgotten.

There does not

appear to be follow up of all the pending cases


in the Court with the exception of Patna
District.
III.

There should not be a frequent change of the public


prosecutors (in Delhi it has been found that one of the
major problems resulting in delay in cases has been
frequent change of additional public prosecutors).

IV.

Appointment of Special Public Prosecutor for serious


and sensitive cases under the PC-PNDT Act.

V.

Appropriate Authorities take action Under Section 20


of the PCPNDT Act for suspension and even
cancellation of registration but do not follow up by
taking action U/s.23. The Appropriate Authorities
should be directed to file cases whenever any
violation occurs and not soft peddle by mere

18

suspending

or

cancelling

registration.

Relevant

extracts from an NIMC report of a special visit to


Punjab in 2015 which highlights the inaction is quoted
below:
However, we are disappointed that despite
several hundred notices and about 100+
suspensions that there are so few cases filed.
For instance in the past three years (2013-14,
2014-15 and 2015-16 till June) only a total of
8 cases were launched whereas at least sixty
thousand medical crimes take place every year
in Punjab.

Thus there is practically no

deterrence in the State against medical crimes


of sex determination/sex selection.

The

disturbing practice is that 42 cancellations


have taken place in the above period. Thus
these violators go scot free from the criminal
law because the provisions of PC-PNDT Act
are not followed in the State! Another reason
for unethical medical professionals to have
contempt for law. It will be interesting to find
out how many of these affected Doctors and
clinics have subsequently resurrected to be
registered again to do prenatal diagnostic
techniques.
6.

Justice Delivery System


I.

Each district should have designated Fast Track Court


headed by a Judicial Magistrate First Class to
exclusively deal with PCPNDT cases.

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II.

In Rajasthan out of 67 cases of conviction, in 52 cases


the accused have been set free under provision for
good conduct by mere admonition and not awarded
any punishment. In two cases it has been found that
the accused has been detained till the rising of the
court and was only asked to pay a penalty of
Rs.1,000/- as fine. The above reflects as to how the
provisions of the Act are implemented.

7.

Inspections / Monitoring
I.

There must be Inspections by Appropriate Authority of


all registered centers, unregistered centers, operating
ultra sound machines as per Rule 18-A(8) of the
PCPNDT Act as it has been found that regular
inspections of centers has led to detection of
illegalities and consequent filing of cases.

II.

A common uniform inspection format that objectively


capture violations has to be developed for each state
(Infact in Delhi the state Supervisory Board has
prepared a common format and shared with all
districts along with dos and donts of inspection).

8.

Informer Scheme

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I.

Awards and rewards to be given to the General Public


for

providing

information

to

the

appropriate

authorities. In M.P., an award of Rs.50,000/- in cash


is given to members of the public, if a challan is
issued on the basis of the information provided and
another Rs.50,000/- on conviction. In Haryana, there
is an informer scheme wherein 13 people were
awarded money in the last two years for providing
information to the appropriate authorities. It should
be ensured that the amount is not given to the
informers until final disposal of the matters or until
conviction is done so that the accused cannot use that
as a defence by insinuating that informers have given
false information for the money. It is also preferable
that the award or the name of the informer are not
made public.
9.

Awareness Programmes
Awareness programmes in rural areas should be done
with aid of Aaganwadi workers or Asha as they are
the ones who are regularly in touch with rural women
and children giving information about the health and
nutrition etc. Awareness should be created in the

21

public domain about the offences and penalties under


the PC-PNDT Act.
10.

Legal Issues

I.

Implementation of Rule 18-A(inserted with effect from


26.02.2014). A copy of Rule 18-A is enclosed.
This rule has been inserted after thoroughly considering the
existing provisions of the Act/Rules and the difficulties
which were encountered and experience gained during the
process of implementation of law. It is submitted that if the
rule is followed in its letter and spirit, it will go a long way in
the effective implementation of the provisions of the Act,
which will have a positive impact on reducing the
occurrence of sex determination and reducing sex-selective
abortion. It is also submitted that as per the contents of
Rule 18-A(3)(iii), cognizance should be taken in 24 hours
and the investigations should be completed within 48 hours
of receipt of the complaint.

II.

The violation of Section 4(3) proviso is not linked with


offences and penalties provided under Section 23 and 24. It
is invariably linked with Section 25 which provides only for
fine. In gross violations of PC-PNDT Act, only fine is
awarded by the Courts. This aspect is required to be
addressed and clarified.

22

III.

Even when the Appropriate Authorities find an offence


under Section 4(3) proviso or under Section 5 or 6 has been
committed, they do not take composite action under
Section 20 which relates to cancellation or suspension of
registration along with prosecution under Section 22, 23, 25
or 26, as the case may be. It is submitted that if an offence
is committed, the Appropriate Authority should take action
under Section 20 for suspension or cancellation of
registration and proceed with prosecution of the offender by
conducting

investigation,

i.e.,

search,

seizure

and

inspection. The complaint filed by the Appropriate Authority


before the Court should contain all the papers of
investigation-

search,

seizure,

panchnama,

suspension/cancellation, show cause notice, if given,


inspection report, and all the other necessary documents.
IV.

The seizure of ultrasound machine under Section 30

read with Rule 12 should be treated as the seizure of the


material object. It should be confiscated as provided
under Rule 11(2) and further action should be taken as per
Section 23 of the Act. The seized ultrasonography machine
should be kept as part of court records as provided under
Section on 29 until final disposal of the proceedings. The
final disposal of the proceedings should include appeal as

23

well as proceedings under Special Leave before this Honble


Court.
V.

Section 27 of the Act makes every offence under this Act


cognizable, non-bailable and Section 28 states that no court
shall take cognizance of any offence under this Act except
on a complaint made, interalia, by an appropriate authority
concerned. In several States, the police have acted under
section 27 of the Act and conducted investigations and in
some cases registered FIRs. These FIRs have then gone on
to be quashed on the grounds that police have no powers
to act under this Act. It is suggested that all investigations
done by the police could be saved if a complaint is finally
made by the appropriate authority as required U/s.28. In
fact Rule 18 A (iii) (iv) of the PCPNDT Act states that as far
as possible the police should not be involved in investigation
of cases as the cases are tried as complaint cases under
Cr.P.C. Therefore, there is no bar in exceptional cases for
the police to be involved in investigation. This suggestion
would aid in the effective implementation of the Act keeping
in view the extremely difficult objective sought to be
achieved.

VI.

Under Section 28 which relates to cognisance of offences,


Appropriate Authority has been authorized to file a

24

complaint. The legislature in its wisdom has also provided


that a person which includes a social organization can also
file a complaint after giving a notice of not less than 15
days to the Appropriate Authority. In order to ensure that a
person who has committed heinous offence under the Act
does not go unpunished, Section 28(3) provides that a
person/social organization which has given notice to the AA
be provided copies of all the relevant documents. However,
Section 28(3) uses the term may. The Applicants submit
that the word may should be read as shall as such
interpretation will be inconsistent with Section 17(3), as well
as directions given under Section 6(e) of CEHAT & Ors v.
Union of India & Ors.
VII. Under Section 23(2), if the charges are framed, the case of
such registered medical practitioner has to be reported by
the AA to the State Medical Council. It is mandatory that on
framing of charges, the registration of the accused doctor is
put under suspension and after conviction, his name is
removed from the register for 5 years for the first offence
and permanently for the subsequent offences. Inspite of
charges being framed, the cases are not reported by the
Appropriate Authority to the State Medical Council and the
State Medical Council does not suspend the licenses inspite
of framing of charges. Even when a case is reported by the

25

Appropriate Authority to the SMC, where charges have been


framed, the SMC instead of suspending the license
immediately proceeds

with

hearings,

which

are

not

accordance with the provisions of the Act. Appropriate


directions are required to be given in this regard.
VIII. The members of civil society, NIMC should be provided
protection under Section 31.
IX.

Regarding sale of ultrasound machine, there is prohibition


under Section 3-B read with Rule 3-A. Still, the ultrasound
machines are being sold illegally, in violation of the
provisions and orders of this Honble Court. It is submitted
that the moment any ultrasound machine is sold, all the
documents including names of the seller, purchaser,
financier/banker should be informed to the concerned AA
and the AA should put all the relevant documents as
provided by the Act/Rules on their website. Without support
and loans by the banking, non-banking organizations it is
highly impossible for any medical professional or hospital to
purchase ultra sonography machine. So, direction be given
to all banking and non-banking organizations to sanction
the loan or financial support after ensuring legality and
registration of the

body(including authorised

professionals) under PCPNDT Act.

medical

26

X.

Any registered body should keep only those ultrasound


machines which are owned by them and should not keep
the machines belonging to some other person/doctor/any
other clinic. It has been noticed that the doctors/clinics
outsource radiological services to a third party which is too
often

not

registered.

Through

this

mechanism,

the

doctors/clinics violate the provisions of the act. Relevant


extracts from the report of a visit to Punjab ordered is
quoted below:
Fortis Hospital Mohali- The records of USG
Machines were checked and we learnt that
radiological services were outsourced to a third
party; namely, CT Scan Research Center Private
Limited having

its

MD,

Dr.Chawla.

The

registration of the ultrasound unit was in the


name of Escorts Heart Institute, whereas the
name of Fortis Hospital appeared on the
ultrasound reports. Note a few of the ultrasound
machines were purchased by Escorts Hospital.
And Dr. Chawalas private limited company also
purchased some ultrasound machines.

But all

these were listed in the name of Escorts heart


institute on form B. Thus it appears strange that
the

Hospital

name is

FORTIS

hospital,

registration of ultrasound facility in name of


Escorts heart Institute. While some Ultrasound
Machines are purchased by CT scan research
center private limited. The Radiology services
are run by the CT scan research center private

27

limited, and all the radiologists are working for


this company and not for escorts heart institute
who according to the registration is the owner.
The

NIMC

recommend

that

thorough

investigation of these registration violations of


the

PC-PNDT

Act

be

undertaken

by

the

Government of Punjab and necessary action be


taken against the violators and a formal report
be submitted to Union Health Ministry within 1
month.
13. It is required to be pointed out that the Amendment
Committee constituted by the MoHFW to look into amending
the PC-PNDT Act met in 2015 and did not have a single
member from the civil society or from the legal fraternity. It
was composed only of doctors. While looking at amending a
law that has vast implications on the society, it is very
essential that members of the civil society who work on such
issues consistently and members of the legal fraternity who
work with such matters are made a part of the Amendment
Committee.
14. The focus of the implementation of the Act has regrettably
been confined to the technique of ultrasonography. With the
amendment of the Act in 2002, newer medical techniques
that may lead to discrimination against the girl child were
also brought under the purview of the Act. Hence, bodies
where pre-conceptional procedures or services are provided

28

where sex of the child can be ascertained before and after


conception must also be registered and they should comply
with the provisions of the Act/Rules by filling up all the
required forms. The State of Maharashtra has started to
enforce this and the other States must also be made to
follow the same.
15. Given the importance and considerable responsibility of each
authority involved in the implementation of the PC-PNDT Act
at the District and State Levels(Appropriate Authority, Nodal
Officer), a lifetime total of 5 years should be the allowed
maximum tenure of the concerned officer. This limitation
must also apply to the clerk/assistant who looks after PCPNDT records at the District/State level. The reason for this
limitation is that it will prevent people with vested interests
from influencing employees and using them to subvert the
implementation of the Act.
16.

State-wise Position
The affidavits which have been filed by different States
have been analyzed by the Applicants. The said affidavits
along with relevant material have also been studied by the
Girls Count, a Civil Society organisation and a report was
released in December 2015 by Honble Justice Hemant L.
Gokhale (Retd. Supreme Court Judge). The analysis of the

29

facts of each State/UT and directions sought by the


Applicants shall be submitted to this Honble Court during
hearing of arguments.

Filed by

[ANITHA SHENOY]
[ADVOCATE FOR THE APPLICANTS]

FILED ON: 05.01.2015