Page 1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 349 OF 2006

Voluntary Health Association ... Petitioner(s) of Punjab

Versus

Union of India and Others ... Respondent(s)

WITH

WRIT PETITION (CIVIL) NO. 575 OF 2014

J U D G M E N T

Dipak Misra, J.

The two writ petitions being inter-connected in certain

aspects  were  heard  together  and  are  disposed  of  by  the

singular  order.  We  shall  first  deal  with  the  grievance

agitated  in  Writ  Petition  (Civil)  No.  349  of  2006  and

thereafter advert to what has been asserted in the other writ

petition. Be it stated immediately that the issues raised in

Page 2

Writ Petition (Civil) No. 349 of 2006 are not agitated for the

first time, for they had been raised on earlier occasions and

dealt  with  serious  concern  and  solemn  sincerity.   It  is

because they relate to the very core of existence of a civilized

society,  pertain  to  the  progress  of  the  human  race,  and

expose the maladroit efforts to throttle the right of a life to

feel the mother earth and smell its fragrance.  And, if we

allow  ourselves  to  say,  the  issues  have  been  highlighted

with sincere rhetorics and balanced hyperboles and ring the

alarm of destruction of humanity in the long run.  It is not a

group prophecy, but a significant collective predication.  The

involvement of all is obvious, and it has to be. The heart of

the issue that is zealously projected by the petitioner is the

increase of female foeticide, resultant imbalance of sex ratio

and the indifference in the implementation of the stringent

law  that  is  in  force.  In  essence,  the  fulcrum  of  the

anguished grievance lays stress on the non-implementation

of  the  provisions  of  The  Pre-conception  and  Pre-natal

Diagnostic  Techniques  (Prohibition  of  Sex  Selection)  Act,

1994  (for  brevity  “the  Act”)  and  The  Pre-conception  and

Pre-natal  Diagnostic  Techniques  (Prohibition  of  Sex

2

Page 3

Selection) Rules, 1996 (for short “the Rules”) framed under

the Act by the competent authorities who are obliged to do

so.

2. The  grievance  has  a  narrative,  and  it  needs  to  be

stated.

3. Realising  the  rise  of  pre-natal  diagnostic  centres  in

urban  areas  of  the  country  using  pre-natal  diagnostic

techniques for determination of sex of the foetus and that

the  said  centres  had  become  very  popular  and  had

tremendous  growth,  as  the  female  child  is  not  welcomed

with  open  arms  in  many  Indian  families  and  the

consequence that such centres became centres for female

foeticide which affected the dignity and status of women, the

Parliament brought in the legislation to regulate the use of

such  techniques  and  to  provide  punishment  for  such

inhuman act.   The objects and reasons of  the Act stated

unequivocally that it was meant to prohibit the misuse of

pre-natal diagnostic techniques for determination of sex of

the  foetus,  leading  to  female  foeticide;  to  prohibit

advertisement  of  pre-natal  diagnostic  techniques  for

detection or determination of sex; to permit and regulate the

3

Page 4

use of  pre-natal  diagnostic  techniques  for  the  purpose of

detection of specific genetic abnormalities or disorders; to

permit  the  use  of  such  techniques  only  under  certain

conditions by the registered institutions; and to punish for

violation of the provisions of the proposed legislation.   The

Preamble  of  the  Act  provides  for  the  prohibition  of  sex

selection before  or  after  conception,  and for  regulation of

pre-natal  diagnostic  techniques  for  the  purposes  of

detecting  genetic  abnormalities  or  metabolic  disorders  or

chromosomal  abnormalities  or  certain  congenital

malformations  or  sex-linked  disorders  and  for  the

prevention of their misuse for sex determination leading to

female  foeticide  and  for  matters  connected  therewith  or

incidental  thereto.   Be  it  noted  when  the  Act  came  into

force, it was named as the Pre-natal Diagnostic Techniques

(Regulation and Prevention of Misuse) Act, 1994 and after

the  amendments  in  2001  and  2003,  in  the  present

incarnation, it is called The Pre-conception  and Pre-natal

Diagnostic  Techniques  (Prohibition  of  Sex  Selection)  Act,

1994.

4

Page 5

4. As  the  violence  and  cruelty  meted  out  to  women

gradually  got  revealed  due  to  rights  and  protections

prescribed under various legislations,  the Court perceived

the magnitude of  the crime.   Such a situation compelled

this  Court,  in  Ajit  Savant  Majagvai  v.   State  of

Karnataka1,  while  dealing  with  the  physical  violence,

torture,  mental  cruelty  and  murder  of  the  female

particularly  the  wife,  to  comment  on  the  degeneration  of

relationship  and  the  prevalent  atmosphere  by  observing

that:-

“3.  Social  thinkers,  philosophers,  dramatists, poets  and  writers  have  eulogised  the  female species of the human race and have always used beautiful  epithets  to  describe  her  temperament and personality and have not deviated from that path even while speaking of her odd behaviour, at times.  Even in sarcasm, they have not  crossed the literary limit and have adhered to a particular standard  of  nobility  of  language.  Even  when a member of  her own species,  Madame De Stael, remarked “I  am glad that  I  am not  a man;  for then I should have to marry a woman”, there was wit in it. When Shakespeare wrote, “Age cannot wither her; nor custom stale, her infinite variety”, there again was wit. Notwithstanding that these writers have cried hoarse for respect for “woman”, notwithstanding  that  Schiller  said  “Honour women! They entwine and weave heavenly roses in our earthly life” and notwithstanding that the Mahabharata  mentioned  her  as  the  source  of salvation,  crime  against  “woman”  continues  to

1  (1997) 7 SCC 110

5

Page 6

rise  and  has,  today  undoubtedly,  risen  to alarming proportions.

4. It is unfortunate that  in an age where people are described as civilised, crime against “female” is committed even when the child is in the womb as  the  “female”  foetus  is  often  destroyed  to prevent the birth of a female child. If that child comes  into  existence,  she  starts  her  life  as  a daughter, then becomes a wife and in due course, a  mother.  She rocks the  cradle  to  rear  up her infant, bestows all her love on the child and as the child grows in age, she gives to the child all that she has in her own personality. She shapes the destiny and character of the child. To be cruel to such a creature is unthinkable.”

[Emphasis added]

5. We  may  repeat,  the  aforestated  observation  though

made totally in a different context but nonetheless, it seemly

stated the marrow of the problem.  Needless to emphasise,

the predicament with regard to female foeticide by misuse of

modern  science  and  technology  has  aggravated  and

enormously affected the sex ratio. To eradicate the malady,

the Parliament, as stated earlier, had enacted the Act.  In

the first year of this century, a petition under Article 32 was

moved for issuing directions to implement the provisions of

the  said  Act  by (a)  appointing  appropriate  authorities  at

State and district levels and the Advisory Committees; (b)

issuing direction to the Central Government to ensure that

6

Page 7

the  Central  Supervisory  Board  meets  every  6  months  as

provided  under  the  PNDT  Act;  and  for  banning  of  all

advertisements of prenatal sex selection including all other

sex-determination  techniques  which  can  be  abused  to

selectively  produce  only  boys  either  before  or  during

pregnancy. A two-Judge bench in Center for Enquiry into

Health & Allied Themes (CEHAT) and others v. Union of

India and others2 and Center for Enquiry into Health &

Allied Themes (CEHAT) and others v. Union of India and

others3 on 04.05.2001 issued certain directions. Apart from

the directions contained in the said orders, the Court, while

finally  disposing  of  the  writ  petition,  issued the  following

directions:-

“(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.  

(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.  

2 (2001) 5 SCC 577 3 (2003) 8 SCC 398

7

Page 8

(c)  Appropriate  authorities  shall  maintain  the records  of  all  the  meetings  of  the  Advisory Committees.  

(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.  

(e)  As  provided  under  Rule  17(3),  the  public would have access to the records maintained by different bodies constituted under the Act.  

(f) The Central Supervisory Board would ensure that  the  following  States  appoint  the  State Supervisory  Boards  as  per  the  requirement  of Section 16-A: 1. Delhi, 2. Himachal Pradesh, 3. Tamil Nadu, 4. Tripura, and 5. Uttar Pradesh.  

(g) As per the requirement of Section 17(3)(a), the Central Supervisory Board would ensure that the following  States  appoint  the  multi-member appropriate  authorities:  1.  Jharkhand,  2. Maharashtra, 3. Tripura, 4. Tamil Nadu, and 5. Uttar Pradesh. It  will  be open to the parties to approach this Court in case of any difficulty in implementing the aforesaid directions”.

6. Despite the directions issued by the Court, there had

not  been  proper  implementation  and  that  compelled  the

present petitioner, namely, Voluntary Health Association of

Punjab  to  file  the  present  Writ  Petition  seeking  various

directions.  The Court on 08.01.2013 took note of the fact

that the provisions had not been adequately implemented

8

Page 9

by the various States and Union Territories and accordingly

directed for personal appearance of the Health Secretaries of

the  States  of  Punjab,  Haryana,  NCT of  Delhi,  Rajasthan,

Uttar  Pradesh,  Bihar  and Maharashtra,  to  examine  what

steps  they  had  taken  for  the  proper  and  effective

implementation of the provisions of the Act as well as the

various directions issued by this Court.

7. At a later stage, a reference was made to 2011 Census

of India to highlight there had been a sharp decline in the

female sex ratio in many States.  It was also observed that

there had been no effective supervision or follow-up action

so as to achieve the object and purpose of the Act.  It was

observed that mushrooming of various sonography centres,

genetic  clinics,  genetic  counselling  centres,  genetic

laboratories, ultrasonic clinics, imaging centres in almost all

parts of the country called for more vigil and attention by

the authorities under the Act.  The Court also found that

their  functioning  was  not  being  properly  monitored  or

supervised by the authorities under the Act or to find out

whether  they  are  misusing  the  pre-natal  diagnostic

9

Page 10

techniques  for  determination  of  sex  of  foetus  leading  to

foeticide.

8. A reference was made to various facets of the Act and

the Rules and ultimately the Court in  Voluntary Health

Association  of  Punjab  v.  Union  of  India  and  others4

issued the following directions:-

“9.1. The Central Supervisory Board and the State and  Union  Territories  Supervisory  Boards, constituted  under  Sections  7  and 16-A of  PN & PNDT Act, would meet at least once in six months, so as to supervise and oversee how effective is the implementation of the PN & PNDT Act.

9.2. The State Advisory Committees and District Advisory  Committees  should  gather  information relating to the breach of the provisions of the PN & PNDT Act and the Rules and take steps to seize records,  seal  machines  and  institute  legal proceedings,  if  they  notice  violation  of  the provisions of the PN & PNDT Act.

9.3.  The  committees  mentioned  above  should report the details  of  the charges framed and the conviction of the persons who have committed the offence, to the State Medical Councils for proper action, including suspension of the registration of the unit and cancellation of licence to practice.

9.4. The authorities should ensure also that all genetic  counselling  centres,  genetic  laboratories and genetic clinics, infertility clinics, scan centres, etc. using pre-conception 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  district

4  (2013) 4 SCC 1

10

Page 11

authorities  concerned,  in  accordance  with  Rule 9(8) of the Rules.

9.5. States and District Advisory Boards should ensure  that  all  manufacturers  and  sellers  of ultrasonography machines do not sell any machine to any unregistered centre, as provided under Rule 3-A  and  disclose,  on  a  quarterly  basis,  to  the State/Union Territory concerned and the Central Government,  a  list  of  persons  to  whom  the machines have been sold, in accordance with Rule 3-A(2) of the Rules.

9.6.  There  will  be  a  direction  to  all  genetic counselling  centres,  genetic  laboratories,  clinics, etc. to maintain Forms A, E, H and other statutory forms provided under the Rules and if these forms are  not  properly  maintained,  appropriate  action should be taken by the authorities concerned.

9.7.  Steps  should  also  be  taken by  the  State Government and the authorities under the Act for mapping  of  all  registered  and  unregistered ultrasonography clinics, in three months’ time.

9.8.  Steps  should  be  taken  by  the  State Governments and the Union Territories to educate the  people  of  the  necessity  of  implementing  the provisions of the Act by conducting workshops as well as awareness camps at the State and district levels.

9.9.  Special  cell  be  constituted  by  the  State Governments and the Union Territories to monitor the progress of various cases pending in the courts under  the  Act  and  take  steps  for  their  early disposal.

9.10.  The  authorities  concerned  should  take steps to seize the machines which have been used illegally and contrary to the provisions of the Act and the Rules thereunder and the seized machines can also be confiscated under the provisions of the Code  of  Criminal  Procedure  and  be  sold,  in accordance with law.

9.11. The various courts in this country should take steps to dispose of  all  pending cases under

11

Page 12

the  Act,  within  a  period  of  six  months. Communicate  this  order  to  the  Registrars  of various  High  Courts,  who  will  take  appropriate follow-up action with due intimation to the courts concerned.”

A further direction was given to file the Status Report

within a period of three months. It is apt to note here that in

the  concurring  opinion  Dipak  Misra,  J.  only  highlighted

certain  aspects  that  pertained  to  direction  contained  in

paragraph 9.8.  

9. We may profitably reproduce certain passages from the

concurring opinion:-

“14.  Female  foeticide  has  its  roots  in  the  social thinking which is fundamentally based on certain erroneous notions, egocentric traditions, perverted perception of  societal  norms and obsession with ideas  which  are  totally  individualistic  sans  the collective  good.  All  involved  in  female  foeticide deliberately forget to realise that when the foetus of a girl child is destroyed, a woman of the future is  crucified.  To  put  it  differently,  the  present generation invites  the  sufferings  on its  own and also  sows  the  seeds  of  suffering  for  the  future generation, as in the ultimate eventuate, the sex ratio  gets  affected  and  leads  to  manifold  social problems. I may hasten to add that no awareness campaign can ever be complete unless there is real focus on the prowess of women and the need for women empowerment.

x x x x x

12

Page 13

19.  A  woman  has  to  be  regarded  as  an  equal partner in the life of a man. It has to be borne in mind that she has also the equal role in the society i.e. thinking, participating and leadership.

x x x x x

21.  When  a  female  foeticide  takes  place,  every woman who mothers  the  child  must  remember that she is killing her own child despite being a mother.  That  is  what  abortion  would  mean  in social  terms.  Abortion  of  a  female  child  in  its conceptual  eventuality  leads  to  killing  of  a woman.  Law  prohibits  it;  scriptures  forbid  it; philosophy  condemns  it;  ethics  deprecate  it, morality decries it  and social science abhors it. Henrik Ibsen emphasised on the individualism of woman. John Milton treated her to be the best of all  God’s  work.  In  this  context,  it  will  be appropriate to quote a few lines from Democracy in America by Alexis de Tocqueville:  

“If  I  were  asked  …  to  what  the  singular prosperity and growing strength of that people [Americans]  ought  mainly  to  be  attributed,  I should  reply:  To  the  superiority  of  their women.”

x x x x x

32. A cosmetic awareness campaign would never subserve  the  purpose.  The  authorities  of  the Government, the non-governmental organisations and other  volunteers are  required to  remember that there has to be awareness camps which are really effective. The people involved with the same must  take  it  up  as  a  service,  a  crusade.  They must understand and accept that it is an art as well  as  a  science  and not  simple  arithmetic.  It cannot take the colour of a routine speech. The awareness camps should not be founded on the theory of Euclidian geometry. It must engulf the

13

Page 14

concept  of  social  vigilance  with  an  analytical mind and radiate into the marrows of the society. If  awareness  campaigns  are  not  appositely conducted,  the  needed  guidance  for  the  people would be without meaning and things shall fall apart and everyone would try to take shelter in cynical escapism.

33.  It  is  difficult  to  precisely  state  how  an awareness  camp  is  to  be  conducted.  It  will depend upon what kind and strata of people are being addressed to. The persons involved in such awareness  campaign  are  required  to  equip themselves with constitutional concepts, culture, philosophy,  religion,  scriptural  commands  and injunctions, the mandate of the law as engrafted under the Act and above all the development of modern science. It needs no special emphasis to state  that  in  awareness  camps  while  the deterrent  facets  of  law  are  required  to  be accentuated  upon,  simultaneously  the desirability  of  law  to  be  followed  with  spiritual obeisance, regard being had to the purpose of the Act,  has  to  be  stressed  upon.  The  seemly synchronisation  shall  bring  the  required  effect. That apart, documentary films can be shown to highlight the need; and instil the idea in the mind of the public at large, for when the mind becomes strong, mountains do melt.

34.  The  people  involved  in  the  awareness campaigns  should  have  boldness  and  courage. There  should  not  be  any  iota  of  confusion  or perplexity in their thought or action. They should treat it as a problem and think that a problem has  to  be  understood  in  a  proper  manner  to afford a solution. They should bear in mind that they are required to change the mindset of  the people,  the  grammar  of  the  society  and unacceptable beliefs inherent in the populace.”

14

Page 15

10. As directed in the judgment, the matter was listed and

certain clarifications were sought for by the Union of India

with regard to the directions vide direction Nos. 2, 3, 4 and

6 pointing out that the authorities mentioned in direction

No.  2  should  also  include  appropriate  authority  under

Section 17 and Section 17A of  the Act.    With regard to

direction No. 6, it was submitted that instead of Forms A, E

and H, Forms A,  D, F, G & H be substituted.   The said

prayers were allowed and the States were directed to file

their respective status report.  

11. On 16.9.2014 the  Court  took  note  of  the  directions

already issued and proceeded to deal  with I.A.  No.  11 of

2013 and recorded the submission of  Mr.  Sanjay Parikh,

learned counsel that the Union of India has to animate itself

in  an  appropriate  manner  to  see  that  the  sex  ratio  is

maintained and does not reduce further. It was also urged

by him that  the  Central  Supervision Committee which is

required  to  meet  to  take  stock  of  the  situation  and  the

National Monitoring Committee who is required to monitor

the activities, had failed in their duties.  

15

Page 16

12. Mr. Parikh had also drawn the attention of the Court

to  the  proviso  to  Section 4(3)  of  the  Act  which reads  as

follows:-

“4.  Regulation  of  pre-natal  diagnostic techniques.-- On and from the commencement of this Act,-- (1) … (2) … (3) …  

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 and section 6 unless contrary is proved by the person conducting such ultrasonography.”

13. It  was  propounded  by  him  that  the  concerned

authorities have not acted in accordance with the aforesaid

provision in all seriousness as a result of which the nation

has  faced  the  disaster  of  female  foeticide.   On that  day,

Mr. Colin Gonsalves, learned senior counsel appearing for

the writ petitioner had drawn our attention to the affidavit

filed by the petitioner  contending,  inter  alia,  that  the sex

ratio in most  of  the States had decreased and in certain

States, there had been a minor increase, but the same is

not likely to subserve the aims and objects of the Act.   After

referring  to  the  history  of  this  litigation  which  has  been

16

Page 17

continuing in this Court since long, he had submitted that

certain directions are required to be issued.  

14. The Union of India was directed to file an affidavit of

the  Additional  Secretary  of  Health  and/or  any  other

concerned Additional  Secretary  clearly  stating  what  steps

had been taken and on the basis of the steps taken, what

results have been achieved.  It was also directed that all the

States  shall  file  their  responses  through  the  concerned

Health Secretaries.  The direction further contained that the

affidavits shall be comprehensive and must reflect sincerity

and responsibility.

15. On  25.11.2014  the  Court  noted  that  affidavits  by

certain States  had been filed and certain States,  namely,

Assam,  Arunachal  Pradesh,  Bihar,  Goa,  Gujarat,  Kerala,

Madhya  Pradesh,  Meghalaya,  Mizoram,  Odisha,  Tripura,

and UT of Daman and Nagar Haveli and Puducherry had

not filed the affidavits. Two weeks time was granted to file

the necessary affidavits.  At that juncture, it was thought

appropriate to advert  to the States by dividing them into

certain clusters.  It was decided to deal with the situation

pertaining to the States of Uttar Pradesh, Haryana and NCT

17

Page 18

of  Delhi  first.   The  affidavit  filed  by  the  State  of  Uttar

Pradesh  was considered and in that context it was observed

that the census conducted in 2011 cannot be the guideline

for the purposes of PC-PNDT Act. It was felt that a different

methodology  was  required  to  be  adopted  by  the  State.

Paragraph 28 of  the  affidavit,  which is  of  significance,  is

extracted below:-

“28. That it is pertinent to mention herein that according to “ANNUAL HEALTH SURVEY (AHS)” for  the  year  2010-11,  2011-12  and  2012-13, improvement has been revealed in the State  in respect of Sex Ratio At Birth, Sex Ratio of Child (0 to 04 years age) and Sex Ratio in all age group, which is clear with the table given below:

Year  of Annual Health Survey

Sex Ratio (at birth)

Sex Ratio (0  to  4 years of

Sex Ratio (In  all ages)

2010-11 904 913 943 2011-12 908 914 944 2012-13 921 919 946

It is necessary to mention here that on a query being

made by the Court, learned counsel for the State was not in

a  position  to  explain  on what  basis  the  said  figures  had

been arrived at, for the same was not reflectible from the

assertions made in the affidavit.  

18

Page 19

16. As far as the State of Haryana is concerned, the chart

given in paragraph 15 of the affidavit indicated district-wise

and month-wise sex ratio of births during the year 2014. It

is as follows:-

“District wise and month wise Sex Ratio at Birth during year 2014 in Haryana State as per CRS (Prov) Sr. No

District Up  to Jan.14

Up  to Feb.14

Up to Mar 14

Up to April 14

Up to May 14

Up to June 14

1 Ambala 1012 993 959 939 913 910 2 Bhiwani 824 812 843 848 846 832 3 Faridabad 929 892 889 884 890 890 4 Fatehabad 859 898 890 888 886 874 5 Gurgaon 829 856 851 854 855 839 6 Hissar 892 872 883 878 885 880 7 Jhajjar 797 793 793 801 800 811 8 Jind 886 876 878 911 915 899 9 Kaithal 953 921 920 928 927 918 10 Karnal 911 899 888 881 889 894 11 Kurukshetra 956 904 900 892 890 888 12 Mewat 920 942 932 923 920 919 13 Mohindergarh 777 776 797 786 782 770 14 Palwal 867 871 871 871 876 875 15 Panchkula 853 837 860 914 902 914 16 Panpat 924 931 915 904 903 895 17 Rewari 856 850 849 822 816 806 18 Rohtak 894 884 865 863 859 889 19 Sirsa 897 872 879 885 892 886 20 Sonepat 859 884 850 838 834 835 21 Yamuna naga 903 940 916 897 894 869

Haryana State

889 884 881 878 878 874”

19

Page 20

Nothing had been filed stating as to how the aforesaid

figures had been reached except making a statement that

the figures were arrived at on the basis of entry in certain

registers.  

17. On a perusal of the affidavit by the NCT of Delhi, it was

noted that in paragraph 5, it had been stated, thus:-  

“5. It is submitted that Sex Ratio at Birth in Delhi, which is a reliable indicator of violations under the PC & PNDT Act, has improved by 9 points in 2013 over the previous year. The data available from Civil Registration  System  indicates  that  Sex  Ratio  at Birth was 809 females per 1000 males in the year 2001 and it is currently at 895 in 2013 Annexure R-I.”  

18. At that stage, the Court felt the need for verification of

the documents that formed the basis on which these figures

had been reached.  It was also clarified that the figures that

had  been  put  forth  did  not  show  much  indication  of

improvement  but  it  was  necessary  to  verify  whether  the

figures  that  had  been  set  forth  was  correct  or  not.  The

purpose was to find out whether there was degradation of

sex ratio or stagnation or any steps had really been taken by

the concerned States to improve/enhance the sex ratio or

not; and accordingly it was directed that a meeting be held

20

Page 21

under the auspices of National  Inspection and Monitoring

Committee wherein the Additional Secretary who had filed

the  affidavit  for  the  Union  of  India  and  two  other  Joint

Secretaries  of  the  Ministry  of  Health  and  Family  Welfare

shall  remain  present.  The  deponents  who  had  filed  the

affidavits before this Court on behalf of the State of Uttar

Pradesh and NCT of Delhi were directed to remain present.

The Director General, Health Services, State of Haryana and

the  Principal  Secretary  along  with  the  Special  Secretary,

State of Uttar Pradesh were also directed to remain present

in the meeting and to produce the relevant registers/records

before the said Committee on the date fixed. Mr. Gonsalves,

learned senior  counsel  for  the  petitioner  and Mr.  Parikh,

learned  counsel  for  the  impleaded  respondent(s)  were

allowed to be present.  The report was required to be filed

before this Court by 10.12.2014. It was further directed that

apart  from the  sex-ratio,  the  aforesaid  three  States  shall

also bring records with regard to the prosecutions levied by

the State yearwise and the stage of the prosecution.  

19. Pursuant  to  order  dated  25.11.2014,  the  Committee

verified the data submitted by three States, namely, Uttar

21

Page 22

Pradesh, Haryana and Delhi.  As far as the State of Uttar

Pradesh  was  concerned,  on  a  perusal  of  the  report,  it

transpired that the figures that were submitted by the State

of Uttar Pradesh had been verified by the Committee and

found to be correct.  On a perusal of the report along with

the documents that  had been annexed to,  it  was noticed

that  certain  cases  were  pending  for  trial  before  the  trial

Court.  Regard  being  had  to  the  fact  that  they  had  been

instituted long back, a direction was issued to the effect that

the proceedings that were pending before for trial and where

there was no stay order of the High Court or this Court, the

same  shall  be  taken  up  in  quite  promptitude  and  be

disposed of  within  a  period of  three months commencing

20th January, 2015.  Be it stated certain other directions

were  issued  to  be  complied  with  by  the  State  of  Uttar

Pradesh.   

20. At  a  subsequent  stage,  the  data  furnished  by  the

States, i.e.,  Bihar, Himachal Pradesh, Rajasthan and Tamil

Nadu were verified.  On  15.4.2015  this  Court’s  attention

was drawn to the sex ratio in Delhi which had been verified

22

Page 23

by the Monitoring Committee as per the population census.

The said sex ratio relates to 2011 which reads as follows:-  

“Sex  Ratio  as  per  Population  Census  The universal sex ratio of Delhi as per population census for all age groups taken together was 821 females per 1000 males in 2001 and it has become  866  females  per  1000  males  as  per provisional  data  of  census  –  2011.  Children sex ratio (0-6) of Delhi went down marginally from 868 (as per census 2001) to 866 (as per census 2011). As can be seen from statement 1.3, at both points of the figures of Delhi were below  than  All  India  level.  The  district-wise scenario for the children of 0-6 years varies in different districts.

Statement 1.3: Sex ratio of Delhi/All India as per population Census Data

Sl. No Item Census Year A District  wise  sex  ratio

(Children of 0-6 years) 2001 2011

South 888 878 South West 846 836 North West 857 863 North 886 872 Central 903 902 New Delhi 898 884 East 865 870 North East 875 875 West 859 867 Delhi Children of 0-6 years 868 866 All ages 821 866 All India Children of 0 -6 years 927 914 All ages 933 940

Source: Population census – 2011”

23

Page 24

21. Our attention was also drawn to the document which

is 'Monthly monitoring of the sex ratio of institutional birth'.

It stated thus:-  

“The data is collected on monthly basis from 50 major hospitals which accounts for 50.87% of total  registered births in the year 2013 in Delhi. This helps to review the sex ratio at the highest  level  in  the  shortest  possible  time without waiting for the yearly indicators. The sex ratio of institutional births on the basis of these  50 hospitals  was also  895 in the  year 2013.  Efforts  will  be  made  to  increase  the coverage  of  health  institutions  under  the monthly  monitoring  system  to  make  this exercise meaningful and truly representative of the ground reality.”

22. Learned  counsel  appearing  for  NCT  of  Delhi,  had

drawn our attention to the affidavit  filed by the Union of

India and especially to Annexure 'E'.  Annexure 'E' is only

report on registration of births and deaths in Delhi in 2013.

At  page  114,  the  profile  of  birth  Registration  had  been

mentioned under the caption 'The birth registration in civil

registration system'. It is as follows:-

“During 2013, a total of 370000 birth events were registered by all the local bodies taken together. Out of them, 1.95 lakhs (52.76%) were male and 1.75 lakhs (47.24%) were female. Statement 3.1: Total  Number  of  Births  registered  under  CRS sex-wise.

24

Page 25

Year Total Births

Male Female Sex Ratio

2001 296287 163816 (55.29)

132471 (44.71)

809

2002 300659 164184 (54.61)

136475 (45.39)

831

2003 301165 165173 (54.84)

135992 (45.16)

823

2004 305974 167849 (54.86)

138125 (45.11)

823

2005 324336 178031 (54.89)

146305 (45.11)

822

2006 322750 176242 (54.69)

146508 (45,39)

831

2007 322044 174289 (54.12)

147755 (45.88)

848

2008 333908 166583 (49.89)

167325 (50.11)

1004

2009 354482 185131 (52.22)

169351 (47.78)

915

2010 359463 189122 (52.61)

170341 (47.39)

901

2011 353759 186870 (52.82)

166889 (47.18)

893

2012 360473 191129 (53.02)

169344 (46.98)

886

2013 370000 195226 (52.76)

174774 (47.24)

895”

23. The data furnished by the NCT of Delhi was contested

on the ground that it was collected from 50 major hospitals.

The  Court  noticed  that  there  had  really  been  no

improvement with regard to the sex ratio.  The Court took

note  of  the submissions of  Mr.  Gonsalves,  learned senior

counsel for the petitioner and Mr. Parikh, learned   counsel

for  the  impleaded respondent(s)  and observed that  under

Section 16(2)(f)(ii) and (iii)  there should be eminent women

25

Page 26

activists  from  non-governmental  oraganisations  and

eminent  gynaecologists  and  obstetricians  or  experts  of

stri-roga or prasuti tantra to be the members and thought it

apt to state that there can be eminent women activists from

non-governmental  organizations,  eminent  gynaecologists

and obstetricians or experts of stri-roga or prasuti tantra and

eminent radiologists or sonologists but care has to be taken

that they do not have conflict of interest.  

24. On 15.09.2015, the Court noted the submission of Ms.

Anitha  Shenoy,  learned  counsel  appearing  for  Dr.  Sabu

Mathew  George,  the  newly  impleaded  party,  that  the

appropriate  authorities  are  not  following  the  mandate

enshrined under Rule 18A of the Rules.  Keeping in view the

language employed in the said Rule, the Court directed that

all the appropriate authorities including the State, districts

and  sub-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.

The  Court  further  directed  that  the  States  shall  file  the

compliance report pertaining to sub-rule (6) of Rule 18A of

26

Page 27

the Rules and also directed counsel for the Union of India to

apprise the Court about the information received from the

various appropriate authorities.  

25. On 17.11.2015 when  the  matter  was  taken  up,  the

Court  adverted  to  the  fact  that  the  State  of  Odisha,  as

directed, had  provided the Committee relevant documents,

especially the documents which are required for eradicating

the deficiencies pointed out by the Committee.  Be it noted,

the Committee had earlier pointed out certain deficiencies.

The State had filed the documents in pursuance of the order

of the Court and the Committee had filed report pertaining

to the State of Odisha.  Paragraph 4 of the report reads as

follows:-

“4. The State of Odisha had cited the data on Sex Ratio at Birth from the Civil Registration of births of State.  State  Provided  the  relevant  data  and  C.D. M.O, Odisha. There are 314 rural registration units &  100  urban  registration  units  I  30  districts  in Odisha State. All the data is based on the records of civil  registration  system.  The  Sex  Ratio  at  Birth (SRB)  data  for  the  year  2013  submitted  in  the affidavit  is  886  whereas  as  per  the  records submitted by the State data for the same period is 890. The representatives of the State clarified that in the affidavit, the figures were provisional.”  

27

Page 28

26. Mr. Gonsalves, learned senior counsel had also filed a

chart containing 'District-wise Sex Ratio at Birth of Odisha

State'  commencing from the year 2010 to 2014. The said

chart is reproduced below:-

“District wise sex ratio at birth of Odisha State

Sl.No Name  of  the District

2010 2011 2012 2013 2014

1 2 3 4 5 6 7 1 Angul 894 900 879 890 904 2 Balasore 923 891 912 870 870 3 Argarh 923 889 913 891 913 4 Bhadrak 923 891 876 883 875 5 Bolangir 945 930 933 950 939 6 Boudh 983 957 936 934 918 7 Cuttack 860 874 860 854 843 8 Deogarh 896 954 958 954 938 9 Dhenkanal 856 833 850 845 849 10 Gajapati 875 930 927 890 892 11 Ganjam 902 880 867 813 794 12 Jagatsinghpur 912 905 842 777 852 13 Jajpur 863 876 828 824 823 14 Jharsuguda 859 902 882 908 878 15 Kalahandi 888 935 968 989 942 16 Kandhamal 912 943 950 962 940 17 Kendrapara 881 836 828 734 705 18 Keonjhar 934 923 950 965 930 19 Khurda 892 876 884 885 842 20 Koraput 935 943 960 945 942 21 Malkangiri 948 947 993 942 935 22 Mayurbhanj 955 934 936 931 933 23 Nawarangpur 962 932 936 979 965 24 Nayagarh 874 859 774 844 811 25 Nuapada 945 956 955 909 1055 26 Puri 933 888 874 873 854 27 Rayagada 955 954 939 931 945 28 Sambalpur 906 918 908 891 903 29 Subarnapur 940 934 946 939 965 30 Sundargarh 911 892 865 897 906

Odisha 911 902 896 886 889”

28

Page 29

Learned  counsel  submitted  that  when  the  sex  ratio

reduces below 900, there is a signal of a social disaster. He

had pointed out that there were many districts where it had

fallen below 900 and drawn the attention of the Court to two

districts, namely, Kendrapara and Ganjam to highlight that

the sex ratio had gone down to 705 and 794 in 2014. Be it

stated, the two districts were only referred to highlight  how

the sex ratio had fallen in the year 2014 than what it was in

2010.  

27. We have adumbrated the history of the litigation, the

directions  issued  by  this  Court  from  time  to  time  and

adverted to how this Court has appreciated the impact of

sex  ratio  on  a  civilized  society  having  regard  to  the

legislative intendment under the Act, the suggestions given

by the  learned  counsel  for  the  petitioner,  the  verification

done  by  the  Monitoring  Committee,  and  the  crisis  the

country is likely to face if the obtaining situation is allowed

to prevail.  As is manifest, this Court had issued directions

from 2001 onwards  in  different  writ  petitions  and in  the

instant writ petition, as noticed earlier, number of directions

29

Page 30

were  issued  and,  thereafter,  certain  clarifications  were

made. The narration shows the concern.  

28. It  needs  no  special  emphasis  that  a  female  child  is

entitled to enjoy equal right that a male child is allowed to

have.  The constitutional identity of a female child cannot be

mortgaged to any kind of social or other concept that has

developed or is thought of.  It does not allow any room for

any kind of compromise.  It only permits affirmative steps

that are constitutionally postulated.  Be it clearly stated that

when rights are conferred by the Constitution, it has to be

understood  that  such  rights  are  recognised  regard  being

had to their naturalness and universalism.  No one, let it be

repeated, no one, endows any right to a female child or, for

that  matter,  to  a  woman.  The  question  of  any  kind  of

condescension or patronization does not arise.  

29. When a female  foetus  is  destroyed through artificial

means which is legally impermissible, the dignity of life of a

woman to be born is extinguished.  It corrodes the human

values.  The Legislature has brought a complete code and it

subserves the constitutional purpose.  We may briefly refer

to the scheme of the Act and the Rules framed thereunder.

30

Page 31

Section 2 of the Act is the dictionary clause and it defines

“foetus”,  “Genetic  Counselling  Centre”,  “Genetic  Clinic”,

“Genetic  Laboratory”,  “pre-natal  diagnostic  procedures”,

“pre-natal  diagnostic  techniques”,  “pre-natal  diagnostic

test”,  “sex  selection”,  “sonologist  or  imaging  specialist”.

Section  3  provides  for  Regulation  of  Genetic  Counselling

Centers, Genetic Laboratories and Genetic Clinics.  Section

3A  imposes  prohibition  of  sex-selection.  Section  3B

prohibits the sale of ultrasound machine, etc., to persons,

laboratories,  clinics,  etc.,  not  registered  under  the  Act.

Section  4  regulates  pre-natal  diagnostic  techniques.

Section 5 stipulates written consent of pregnant woman and

prohibition of communicating the sex of foetus.  Section 6

prohibits determination of sex.  Chapter IV of the Act deals

with the Central Supervisory Board.  Sections 7 – 16A deal

with the constitution of the Board, meetings of the Board,

functions  of  the  Board,  which  includes  reviewing  and

monitoring   implementation  of  the  Act  and  Rules  made

thereunder.  Section 16A commands the States and Union

Territories  to  have  a  Board  to  be  known  as  the  State

Supervisory  Board  or  the  Union  Territory  Supervisory

31

Page 32

Board,  as  the  case  may  be,  to  carry  out  the  functions

enumerated therein.  Chapter V provides for the Appropriate

Authority  and  Advisory  Committee.  Sub-section  (4)  of

Section  17  deals  with  the  powers  of  the  Appropriate

Authority.  The said provision being significant is extracted

hereunder:-

“(4)  the  Appropriate  Authority  shall  have  the following functions, namely – (a) to grant, suspend or cancel registration of a Genetic  Counselling  Centre,  Genetic  Laboratory or Genetic Clinic; (b)  to  enforce  standards  prescribed  for  the Genetic  Counselling  Centre,  Genetic  Laboratory and Genetic Clinic; (c)  to  investigate  complaints  of  breach  of  the provisions  of  this  Act  or  the  rules  made thereunder and take immediate action; (d)to seek and consider the advice of the Advisory Committee, constituted under sub-section (5), on application for registration and on complaints for suspension or cancellation of registration; (e)  to  take  appropriate  legal  action  against  the use of any sex selection technique by any person at any place,  suo motu or brought to its notice and also to initiate independent investigations in such matter; (f) to create public awareness against the practice of sex selection or pre-natal determination of sex; (g)  to  supervise  the  implementation  of  the provisions of the Act and rules; (h) to recommend to the Board and State Boards modifications required in the rules in accordance with changes in technology or social conditions; (i) to take action on the recommendations of the Advisory  Committee  made  after  investigation  of

32

Page 33

complaint  for  suspension  or  cancellation  of registration.”

30. Section 17A enumerates the powers of the Appropriate

Authorities.  The said provision reads as follows:-

“17A.  Powers  of  Appropriate  Authorities.-  The Appropriate  Authority  shall  have  the powers in respect of the following maters, namely:- (a)  summoning  of  any  person  who  is  in possession of any information relating to violation of  the provisions of  this  Act or  the rules made thereunder; (b) production of any document or material object relating to clause (a); (c)  issuing  search  warrant  for  any  place suspected  to  be  indulging  in  sex  selection techniques or pre-natal sex determination; and (d) any other matter which may be prescribed.”

31. Section  18  deals  with  the  registration  of  Genetic

Counselling  Centres,  Genetic  Laboratories  or  Genetic

Clinics.   Sections  19  and  20  provide  for  certificate  of

registration and cancellation or suspension of registration.

Chapter VII deals with offences and penalties.  Section 22

stipulates  prohibition  of  advertisement  relating  to

pre-conception  and  pre-natal  determination  of  sex  and

punishment  for  contravention  and  Section  23  deals  with

offences and penalties.  Section 24 which has been brought

into  the  Act  by  way  of  an  amendment  with  effect  from

33

Page 34

14.02.2003 states with regard to presumption in the case of

conduct  of  pre-natal  diagnostic  techniques.  Section  26

provides  for  offences  by  companies.   Section 28 provides

that no court shall take cognizance of an offence under the

Act  except  on  a  complaint  made  by  the  Appropriate

Authority concerned, or any officer authorized in this behalf

by  the  Central  Government  or  State  Government,  as  the

case may be, or the Appropriate Authority; or a person who

has given notice of not less than fifteen days in the manner

prescribed.   Section  29  occurring  in  Chapter  VIII  which

deals with miscellaneous matters provides for maintenance

of records. Section 30 empowers the appropriate authority

in respect of search and seizure of records. The rule framed

under Section 32 of the Act is not comprehensive.  Various

Forms have been provided to meet the requirement by the

Rules.  On a perusal of the Rules and the Forms, it is clear

as crystal that attention has been given to every detail.

32. Having  stated about  the  scheme of  the  Act  and the

purpose of the various provisions and also the Rules framed

under  the  Act,  the  dropping  of  sex  ratio  still  remains  a

social affliction and a disease.

34

Page 35

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

35

Page 36

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

Sections  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 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

36

Page 37

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).

37

Page 38

(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  considering  that  the  training  provided

therein is imperative for realising the objects and purpose of

this Act.  

38

Page 39

(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.  

34. Before  parting  with  the  case,  let  it  be  stated  with

certitude and without  allowing any room for  any  kind of

equivocation or ambiguity, the perception of any individual

or group or organization or system treating a woman with

inequity, indignity, inequality or any kind of discrimination

is constitutionally impermissible. The historical perception

has  to  be  given  a  prompt  burial.  Female  foeticide  is

conceived by the society that definitely includes the parents

because  of  unethical  perception  of  life  and  nonchalant

attitude  towards  law.   The  society  that  treats  man  and

woman  with  equal  dignity  shows  the  reflections  of  a

progressive and civilized society.   To think that  a woman

should think what a man or a society wants her to think is

tantamounts  to  slaughtering  her  choice,  and  definitely  a

humiliating  act.  When  freedom  of  free  choice  is  allowed

within  constitutional  and  statutory  parameters,  others

cannot determine the norms as that would amount to acting

in derogation of law.  Decrease in the sex ratio is a sign of

39

Page 40

colossal  calamity  and  it  cannot  be  allowed  to  happen.

Concrete steps have to be taken to increase the same so

that invited social disasters do not befall on the society. The

present  generation  is  expected  to  be  responsible  to  the

posterity and not to take such steps to sterilize the birth

rate in violation of law.  The societal perception has to be

metamorphosed having respect to legal postulates.

35. Now,  we shall  advert  to the prayers in Writ  Petition

(Civil) No. 575 of 2014. The writ petition has been filed by

Indian  Medical  Association  (IMA).  It  is  contended  that

Sections 3-A, 4, 5, 6, 7, 16, 17, 20, 23, 25, 27 and 30 of the

Act  and  Rules  9(4),  10  &  Form “F”  (including  foot-note),

which being the subject  matter  of  concern in the instant

writ petition, are being misused and wrongly interpreted by

the  concerned  authorities  thereby  causing  undue

harassment to the medical professionals all over the country

under the guise of the ‘so-called implementation’. It is also

urged that, implementation of steps and scrutiny of records

was started at large scale all  over the country and lot  of

anomalies  were  found  in  records  maintained  by  doctors

throughout the country.  It is however pertinent to mention

40

Page 41

here  that  the  majority  of  the  defaults  were  of  technical

nature  as  they  were  merely  minor  and  clerical  errors

committed  occasionally  and  inadvertently  in  the  filing  of

Form “F”. It is also put forth that the Act does not classify

the offences and owing to the liberal and vague terminology

used  in  the  Act,  it  is  thrown  open  for  misuse  by  the

concerned implementing authorities and has resulted into

taking  of  cognizance  of  non-bailable  (punishable  by three

years) offences against doctors even in the cases of clerical

errors, for instance non-mentioning of N.A. (Not Applicable)

or  leaving  of  any  column in  the  concerned  Form “F”  as

blank.   It  is  further  submitted  that  the  said  unfettered

powers  in  the  hands  of  implementing  authority  have

resulted  into  turning  of  this  welfare  legislation  into  a

draconian novel way of encouraging demands for bribery as

well  as  there  is  no  prior  independent  investigation  as

mandated under Section 17 of the Act by these Authorities.

It  is  also  set  forth  that  the  Act  states  merely  that  any

contravention with any of the provisions of the Act would be

an offence punishable under Section 23(1) of the said Act

and  further  all  offences  under  the  Act  have  been  made

41

Page 42

non-bailable and non-compoundable and the misuse of the

same  can  only  be  taken  care  of  by  ensuring  that  the

Appropriate Authority applies its mind to the fact of each

case/complaint  and only  on  satisfaction  of  a  prima facie

case, a complaint be filed rather than launching prosecution

mechanically  in  each  case.  With  these  averments,  it  has

been  prayed  for  framing  appropriate  guidelines  and

safeguard parameters, providing for classification of offences

as well,  so as to  prohibit  the misuse of  the PCPNDT Act

during implementation and to read down this Sections 6,

23, 27 of PCPNDT Act.  That apart, it has been prayed to

add certain provisos/exceptions to Sections 7, 17, 23 and

Rule 9 of the Rules.  

36. In our considered opinion, whenever there is an abuse

of the process of the law, the individual can always avail the

legal remedy.  As we find, neither the validity of the Act nor

the Rules has been specifically assailed in the writ petition.

What has been prayed is to read out certain provisions and

to add certain exceptions.   We are of  the convinced view

that the averments of the present nature with such prayers

42

Page 43

cannot  be  entertained  and,  accordingly,  we  decline  to

interfere.

37. In  the  result,  Writ  Petition  (Civil)  No.  349  of  2006

stands disposed of in terms of the directions issued by us

and Writ Petition (Civil) No. 575 of 2014 stands dismissed.

In the facts and circumstances of the case, there shall be no

order as to costs.

.............................J. [Dipak Misra]

............................ J.     [Shiva Kirti Singh]

New Delhi; November 8, 2016

43