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REPORTABLE  

IN THE SUPREME COURT OF INDIA  CIVIL APPELLATE JURISDICTION  

 I.A Nos. 13-15 of 2017  

 IN     

SPECIAL LEAVE PETITION (C) Nos. 16657-16659 OF 2016    

UNION OF INDIA                     ..Petitioner     

VERSUS  

 INDIAN RADIOLOGICAL AND IMAGING          ..Respondents  ASSOCIATION AND ORS. ETC. ETC.                             

O R D E R  

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.    

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2 In Voluntary Health Association of Punjab v Union of India1, 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, 19942. 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  

                                                           1 Writ Petition (c) No. 349 of 2006  2 PCPNDT Act

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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-legal volunteers.  

(m) The Union of India and the States shall see to it that  

appropriate directions  are issued to the authorities of All India  

Radio and Doordarshan functioning in  various States to give  

wide publicity pertaining to the saving of the girl child and the  

grave dangers the society shall face because of female  

foeticide.  

(n) All the appropriate authorities including the States and districts  

notified under the Act shall submit quarterly progress report to  

the Government of India through the State Government and  

maintain Form H for keeping the information of all registrations  

readily available as per sub-rule 6 of Rule 18A of the Rules.  

(o) The States and Union Territories shall implement the Pre-

conception and Pre-natal Diagnostic Techniques (Prohibition  

of Sex Selection) (Six Months Training) Rules, 2014 forthwith

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considering that the training provided therein is imperative for  

realising the objects and purpose of this Act.  

(p) As the Union of India and some States framed incentive  

schemes for the girl child, the States that have not framed such  

schemes, may introduce such  schemes.”(Emphasis supplied)  

   3 The PCPNDT Act was enacted by Parliament, as its Preamble indicates,  

to prohibit sex-selection, and to regulate pre-natal diagnostic techniques so as  

to prevent their misuse for sex determination. The Preamble reads thus:   

“An Act to provide for the regulation of the use of pre-natal  diagnostic techniques for the purpose of detecting genetic or  metabolic disorders or chromosomal abnormalities or certain  congenital malformations or sex linked disorders and for the  prevention of the misuse of such techniques for the purpose of  pre-natal sex determination leading to female foeticide; and,  for matters connected there with or incidental thereto.”  

4 The intent of Parliament in enacting the law is clarified in the Statement  

of Objects and Reasons which accompanied the introduction of the Bill. Insofar  

as it is material to the present controversy, the Statement of Objects and  

Reasons reads thus:    

 “Introduction:  In the recent past Pre-natal Diagnostic Centres sprang up in  

the urban areas of the country using pre-natal diagnostic  

techniques for determination of sex of the foetus. Such centres  

became very popular and their growth was tremendous as the  

female child is not welcomed with open arms in most of the  

Indian families. The result was that such centres became  

centres of female foeticide. Such abuse of the technique is  

against the female sex and affects the dignity and status of  

women. Various Organisation working for the welfare and uplift  

of the women raised their heads against such an abuse.”  

Statement of Objects and Reasons  

It is proposed to prohibit pre-natal diagnostic techniques for  

determination of sex of the foetus leading to female foeticide.

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Such abuse of techniques is determination against the female  

sex and affects the dignity and status of women. A legislation  

is required to regulate the use of such techniques and to  

provide deterrent punishment to stop such inhuman act.   

The Bill, inter alia provides for:-  

(i) prohibition of the misuse of pre-natal diagnostic techniques for  

determination of sex of foetus, leading to female foeticide;  

(ii) prohibition of advertisement of pre-natal diagnostic techniques  

for detection or determination of sex;  

(iii) permission and regulation of the use of pre-natal diagnostic  

techniques for the purpose of detection of specific genetic  

abnormalities or disorders;  

(iv) permitting the use of such techniques only under certain  

conditions by the registered institutions; and  

(v) punishment for violation of the provisions of the proposed  

legislation.  

2. The Bill seeks to achieve the above objectives.”    

   5 The comprehensive directions issued by this Court in its decision in  

Voluntary Health Association of Punjab (Supra) must be read as integral to  

the enforcement of a law which has been enacted by Parliament to curb a grave  

social evil and to render the statutory provisions truly effective to curb the  

mischief which was sought to be addressed by enacting the law. More  

specifically, in its judgment dated 8 November 2016, this Court has required the  

states and the Union territories to implement the Pre-conception and Pre-natal  

Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training)  

Rules, 2014 forthwith. The decision explains that the provision for training  

required under the above subordinate legislation, is imperative to realise the  

objects and purposes of the Act.   

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6 The impact of the directions which have been issued by this Court is  

negated by a judgment rendered by a Division Bench of the Delhi High Court  

on 17 February 2016 in a batch of cases including Indian Radiological and  

Imaging Association (IRIA) v Union of India3, Indian Medical Association v  

Union of India4 and Sonological Society of India v Union of India5. Before  

the Delhi High Court, there was a challenge to the provisions of Rule 3(3)(1)(b)  

of the PCPNDT Rules,1996 and Rule 6 of the Six Months Training Rules as  

amended by a notification dated 9 January 2014. Rule 3.3(1)(b), which was in  

challenge reads as follows:  

“3.3(1) Any person having adequate space and being or  

employing….  

(a)…  

(b)…a Sonologist, Imaging Specialist, Radiologist or  

Registered Medical Practitioner having Post Graduate degree  

or diploma or six months training duly imparted in the manner  

prescribed in the “the Pre-conception and Pre-natal Diagnostic  

Techniques (Prohibition of Sex Selection) (Six Months  

Training) Rules, 2014.”  

Rule 6 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition  

of Sex Selection) (Six Months Training) Rules, 2014 is in the following terms:   

“6. Eligibility for training.-  

(1)Any registered medical practitioner shall be eligible for  

undertaking the said six months training.   

(2) The existing registered medical practitioners, who are  

conducting ultrasound procedures in a Genetic Clinic or  

Ultrasound Clinic or Imaging Centre on the basis of one year  

experience or six months training are exempted from  

undertaking the said training provided they are able to qualify  

the competency based assessment specified in Schedule II  

and in case of failure to clear the said competency based  

exam, they shall be required to undertake the complete six  

                                                           3 Writ Petition (C) No. 6968 of 2011  4 Writ Petition (C) No. 2721 of 2014   5 Writ Petition (C) No. 3184  of 2014

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months training, as provided under these rules, for the purpose  

of renewal of registrations.”   

 Rule 6(2) provides for an exemption to existing registered medical practitioners  

conducting ultrasound procedures in a genetic or ultrasound clinic or imaging  

centre subject to qualifying in the competency based assessment.   

 7 The Delhi High Court has inter alia held that it was unable to find any  

provision in the PCPNDT Act empowering any of the bodies constituted under  

the law or even the Central government to prescribe qualifications for practicing  

medicine with the aid of an ultrasound imaging equipment or to prescribe the  

nature and content of the curriculum or duration of the qualification. While  

disposing of the batch of writ petitions, the Delhi High Court has issued the  

following directions:  

(i) “that Section 2(p) of the PNDT Act defining a  

Sonologist or Imaging Specialist, is bad to the extent it  

includes persons possessing a postgraduate  

qualification in ultrasonography or imaging techniques  

– because there is no such qualification recognized by  

MCI and the PNDT Act does not empower the statutory  

bodies constituted thereunder or the Central  

Government to devise and coin new qualification;   

 (ii) We hold that all places including vehicles where  

ultrasound machine or imaging machine or scanner or  

other equipment capable of determining sex of the  

foetus or has the potential of detection of sex during  

pregnancy or selection of sex before conception,  

require registration under the Act;   

 (iii) However, if the person seeking registration (a) makes  

a declaration in the form to be prescribed by the Central  

Supervisory Board to the effect that the said machine

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or equipment is not intended for conducting pre-natal  

diagnostic procedures; (b) gives an undertaking to not  

use or allow the use of the same for pre-natal  

diagnostic procedures; and, (c) has a “silent observer”  

or any other equipment installed on the ultrasound  

machines, as may be prescribed by the Central  

Supervisory Board, capable of storing images of each  

sonography tests done therewith, such person would  

be exempt from complying with the provisions of the  

Act and the Rules with respect to Genetic Clinics,  

Genetic Laboratory or Genetic Counselling Centres;   

 (iv) If however for any technical reasons, the Central  

Supervisory Board is of the view that such “silent  

observer” cannot be installed or would not serve the  

purpose, then the Central Supervisory Board would  

prescribe other conditions which such registrant would  

require to fulfil, to remain exempt as aforesaid;   

 (v) However, such registrants would otherwise remain  

bound by the prohibitory and penal provisions of the  

Act and would further remain liable to give inspection  

of the “silent observer” or other such equipment and  

their places, from time to time and in such manner as  

may be prescribed by the Central Supervisory Board;  

and  

 (vi) Rule 3(3)(1)(b) of the PNDT Rules (as it stands after  

the amendment with effect from 9th January, 2014) is  

ultra vires the PNDT Act to the extent it requires a  

person desirous of setting up a Genetic Clinic /  

Ultrasound Clinic / Imaging Centre to undergo six  

months training imparted in the manner prescribed in  

the Six Months Training Rules.”  

     8 Prima facie, the High Court has erred in its finding that there is an  

absence of statutory power. Sub-section 1 of Section 32 of the PCPNDT Act  

confers rule making power upon Central Government for “carrying out the  

provisions of the Act”. Illustratively, sub Section 2 of Section 32 stipulates that  

the rules may provide for:  

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“(i) the minimum qualifications for persons employed at a  

registered Genetic Counselling Centre, Genetic Laboratory or  

Genetic Clinic under clause (1) of section 3.”  

 The above provision refers to minimum qualifications required of persons  

employed at registered genetic counselling centres, genetic laboratories or  

genetic clinics under Section 3(2). Hence, it would be necessary to understand  

the import of Section 3 which reads thus:  

 “3. Regulation of Genetic Counselling Centres, Genetic  

Laboratories and Genetic Clinics.-   

On and from the commencement of this Act,--   

(1) no Genetic Counselling Centre, Genetic Laboratory or  

Genetic Clinic unless registered under this Act, shall conduct  

or associate with, or help in, conducting activities relating to  

pre-natal diagnostic techniques;   

(2) no Genetic Counselling Centre, Genetic Laboratory or  

Genetic Clinic shall employ or cause to be employed any  

person who does not possess the prescribed qualifications;   

(3) no medical geneticist, gynaecologist, paediatrician,  

registered medical practitioner or any other person shall  

conduct or cause to be conducted or aid in conducting by  

himself or through any other person, any pre-natal diagnostic  

techniques at a place other than a place registered under this  

Act.”   

    The expression ‘genetic counselling centre’ has been defined in Section 2(c) as  

follows:  

“(c) "Genetic Counselling Centre" means an institute, hospital,  

nursing home or any place, by whatever name called, which  

provides for genetic counselling to patients”  

 The expression ‘genetic laboratory’ is defined in Section 2(e) as follows:  

(e) "Genetic Laboratory" means a laboratory and includes a  

place where facilities are provided for conducting analysis or  

tests of samples received from Genetic Clinic for pre-natal  

diagnostic test”  

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The expression ‘genetic clinic’ is defined in Section 2(d) as follows:  

“(d) "Genetic Clinic" means a clinic, institute, hospital, nursing  

home or any place, by whatever name called, which is used for  

conducting pre-natal diagnostic procedures”  

   Under Section 2(d), ‘genetic clinic’ is defined with reference to the place which  

is used for conducting pre-natal diagnostic procedures. ‘Genetic laboratory’ in  

Section 2(e) includes a place where facilities are provided for conducting  

analysis or tests of samples received from a genetic clinic for a pre-natal  

diagnostic test.   

 The expression ‘pre-natal diagnostic procedures’ is defined in Section 2(i) as  

follows:  

“(i) "pre-natal diagnostic procedures" means all gynaecological  

or obstetrical or medical procedures such as ultrasonography  

foetoscopy, taking or removing samples of amniotic fluid,  

chorionic villi, blood or any tissue of a pregnant woman for  

being sent to a Genetic Laboratory or Genetic Clinic for  

conducting pre-natal diagnostic test”    

   Both Sections 2(i) and Section 2(k) contain a specific reference to  

ultrasonography. The expression ‘sonologist or imaging specialist’ is defined in  

Section 2(p) as follows:  

“(p) sonologist or imaging specialist” means a person who  

possesses any one of the medical qualifications recognised  

under the Indian Medical Council Act, 1956 (105 of 1956) or  

who possesses a post-graduate qualification in  

ultrasonography or imaging techniques or radiology”   

   Section 4 provides thus:  

“4. Regulation of pre-natal diagnostic techniques.- On and from  the commencement of this Act,--

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(1) no place including a registered Genetic Counselling Centre  or Genetic Laboratory or Genetic Clinic shall be used or caused  to be used by any person for conducting pre-natal diagnostic  techniques except for the purposes specified in clause (2) and  after satisfying any of the conditions specified in clause (3);  (2) no pre-natal diagnostic techniques shall be conducted  except for the purposes of detection of any of the following  abnormalities, namely:--   

(i) chromosomal abnormalities;   (ii) genetic metabolic diseases;   (iii) haemoglobinopathies;   (iv) sex-linked genetic diseases;   (v) congenital anomalies;   (vi) any other abnormalities or diseases as may be  specified by the Central Supervisory Board;   

 [(3) no pre-natal diagnostic techniques shall be used or  conducted unless the person qualified to do so is satisfied that  any of the following conditions are fulfilled, namely:--   

(i) age of the pregnant woman is above thirty-five  years;   (ii) the pregnant woman has undergone two or more  

spontaneous abortions or foetal loss;   

(iii) the pregnant woman had been exposed to  

potentially teratogenic agents such as drugs, radiation,  

infection or chemicals;   

(iv) the pregnant woman or her spouse has a family  

history of mental retardation or physical deformities  

such as, spasticity or any other genetic disease;   

(v) any other condition as may be specified by the  

Central Supervisory Board;   

Provided that the person conducting ultrasonography on a  pregnant woman shall keep complete record thereof in the clinic  in such manner, as may be prescribed, and any deficiency or  inaccuracy found therein shall amount to contravention of the  provisions of section 5 or section 6 unless contrary is proved by  the person conducting such ultrasonography;  

(4) no person including a relative or husband of the pregnant  woman shall seek or encourage the conduct of any pre-natal  diagnostic techniques on her except for the purpose specified  in clause (2).  

(5) no person including a relative or husband of a woman shall  seek or encourage the conduct of any sex-selection technique  on her or him or both.]”        

Section 4(2) specifies exceptional situations in which a pre-natal diagnostic test  

may be conducted to detect certain specified abnormalities. Section 4(3)

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provides that no pre-natal diagnostic test shall be used or conducted unless the  

person qualified to do so, is satisfied for reasons to be recorded in writing that  

specific conditions (which have been laid down) are fulfilled. Section 5(2)  

contains a prohibition on the disclosure to a pregnant woman or to a relative of  

the sex of the foetus. Section 6 contains a prohibition on the determination of  

sex and on sex selection.   

 9 Prima facie, these provisions indicate that Parliament has conferred upon  

the Central government rule making authority to specify minimum qualification  

for persons to be employed at genetic counselling centres, laboratories and  

clinics. Specification of qualifications, in our view, should  be read in a purposive  

sense which will fulfil the object of the law. Even on a plain and natural  

construction of the words used by Parliament, specification of qualifications  

must necessarily comprehend the power to prescribe training. The rationale for  

this is that the training would sensitize the person concerned to the salutary  

object and purpose of the legislation which has been enacted by Parliament to  

deal with a serious social evil and be conscious of the misuse of sex-selection  

tests. Pre-natal diagnostic procedures are susceptible to grave misuse.   

 10 Parliament which has the unquestioned authority and legislative  

competence to frame the law considered it necessary to empower the Central  

government to frame rules to govern the qualifications of persons employed in

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genetic counselling centres, laboratories and clinics. The wisdom of the  

legislature in adopting the policy cannot be substituted by the court in the  

exercise of the power of judicial review. Prima facie the judgment of the Delhi  

High Court has trenched upon an area of legislative policy. Judicial review  

cannot extend to reappreciating the efficacy of a legislative policy adopted in a  

law which has been enacted by the competent legislature. Both the Indian  

Medical Council Act, 1956 and the PCPNDT Act are enacted by Parliament.  

Parliament has the legislative competence to do so. The Training Rules 2014  

were made by the Central Government in exercise of the power conferred by  

Parliament. Prima facie, the rules are neither ultra vires the parent legislation  

nor do they suffer from manifest arbitrariness.     

 11 For the reasons that we have indicated, we are of the view that the  

judgment of the Delhi High Court needs to be stayed during the pendency of  

these proceedings. The judgment of the High Court squarely impinges upon the  

directions issued by this Court in Voluntary Health Association of Punjab.  

We direct in consequence that the judgment of this Court in Voluntary Health  

Association of Punjab shall be strictly enforced by all states and union  

territories untrammelled by any order of any High Court or any other court.       

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12 Pending final disposal, there shall be a stay of the operation of the  

judgment and order of the Delhi High Court dated 17 February 2016.   The  

interlocutory applications are disposed of accordingly.  

          .............................................CJI               [DIPAK MISRA]        

                                                        .................................................J  

                           [A M KHANWILKAR]          

                                                     ...…............................................J                      [Dr D Y CHANDRACHUD]      New Delhi;  March 14, 2018.