CENTRE FOR ENQUIRY INTO HEALTH AND ALLIED THEMES (CEHAT) AND ORS. v. UNION OF INDIA AND ORS

Citation: [2001] 3 S.C.R. 534

Court: Supreme Court of India

Bench: M.B. SHAH, S.N. VARIAVA

Judgment text

,, CENTRE FOR ENQUIRY INTO HEALTH AND ALLIED THEMES (CEHAT) AND ORS. T" v. UNION OF INDIA AND ORS. ... MAY 4, 2001 / [M. B.. SHAH AND S. N. VARIAVA, JJ. ] Pre-natal Diagnostic Techniques (Regulation and Prevention ofMisuse) Act, 1994 : Sections 3, 7, 9, 16, 17 and 22. Female foeticide-Practice· of-Deprecation of~Effect of practice- Object ofAct is to prevent Jnisuse oftechniques for the purpose ofpre-natal sex determination leading to female foeticide-Act came into force from 1st January 1996-But to a large extent it is not implemented by the Central Government or State Government-Hence writ petition in this Court- . ~ Directions issued by Supreme Court. Directions to Central Government-Central Government should create >-awareness against the pre-determination of sex and female foeticide-Act and Rules should be implemented with zeal-Rule 15 shall be strictly adhered to.

Directions to Central Supervisory Board-Meeting of Board shall be held at/east once in six months-Members of the Board shall be appointed for implementation ofthe Act-Supervisory Board shall review and monitor the implementation of the Act-Board shall also examine the necessity to -- . : Proviso to Section 9(1)] The constitution of the CSB is provided under Section 7.. It empowers the Central Government to appoint ten members under Section 7(2)(e) which includes eminent medical practitioners including eminent social scientists and representatives . of women welfare organizations. We hope that this power will be exercised so as to include those persons who can genuinely spare some time for implementation of the Act. 2. The CSB shall review and monitor the implementation ofthe Act. [Re. Section 16(ii)]. ~ 3. The CSB shall issue directions to all State/UT Appropriate Authorities to furnish quarterly returns to the CSB giving a report on the implementation and working of the Act.

These returns should inter a/ia contain specific information about:- -:. (i) Survey of bodies specified in section 3 of the Act. (ii) Registration of bodies specified in section 3 of th. e Act. (fu) Action taken against non-registered bodies operating in vioiation of section 3 of the Act, inclusive of search and seizure of records. " (iv) Complaints received by the Appropriate Authorities under the Act and action taken pursuant thereto. (v) Number and nature of awareness campaigns conducted and results flowing therefrom. . -,...... (. 4. The CSB shall examine the necessity to amend the Act keeping in mind emerging technologies and difficulties encountered in implementation of the Act and to make recommendations to the Central Government. [Re. Section 16]. 5. The CSB shall lay down a code of conduct under section 16(iv) of the Act to be observed by persons working in bodies specified ' therein and to ensure its publication so that public at large can ... know about it. 6.

The CSB will require medical professional bodies/associations to create awareness against the practice ofpre-natal determination of sex and female foeticide and to ensure implementation of the Act. ::J.. _ Ill. Directions to State Governments/UT Administrations 1. All State Governments/UT Administrations are directed to appoint by notification, fully empowered Appropriate Authorities at :: district and sub-district levels and also Advisory Committees to aid and advise the Appropriate Authority in discharge of its functions [Re. Section 17(5). ] For the Advisory Committee also, D· it is hoped that members of the said Committ,ee as provided under section 17(6)(d) should be such persons who can devote some time for the work assigned to them. ;. t 2. All State Governments/UT Administrations are directed to publish . a list of the Appropriate Authorities in the print and electronic ~ media in its respective State/UT. ;,. 3.

All State Governments/UT Administrations are directed to create public awareness against the practice of pre-natal deteqnination of sex and female foeticide through advertisement in the print ,. -< and electronic media by hoardings and other appropriate means. 4. All State Governments/UT Administrations are directed to ensure that all State/UT Appropriate Authorities furnish quarterly returns to the CSB giving a report on the implementation and working of the Act. These returns should inter alia contain specific information about :- (i) Survey of bodies specified in section 3 of he Act. (ii) Registration of bodies specified in section 3 of the Act. ,....... ,.. (rii) Action taken against non-registered bodies operating in violation of section of section 3 of the Act, inclusive of search and seizure of records. (iv) Complaints received by the Appropriate Authorities under the Act and action taken pursuant thereto.

(v) Number and, nature of awareness campaigns conducted and results flowing therefrom. JV. Directions to Appropriate Authorities 1. Appropriate Authorities are directed to take prompt action against any person or body who issues or causes to be issued any advertisement in violation of section 22 of the Act. 2. Appropriate Authorities are directed to take prompt action against all bodies specified in section 3 of the Act as also against persons who are operating without a valid certificate of registration under the Act. 3. All State/UT Appropriate Authorities are directed to furnish quarterly returns to the CSB giving a report on the implementation and working of the Act. These returns should inter alia contain specific informatiOn about :- , (i) Suryey of bodies specified in section 3 of the Act. (ii) Registration. of bodies specified in section 3 of the Act including bodies using ultrasound machines. (ill.

) Action tak~n against non-registered· bodies operating in violation of section 3 of the Act, inclusive of search and seizure of records. (iv) Complaints received by the Appropriate Authorities under the Act and action taken pursuant thereto. (v) Number and nature of awareness campaigns conducted and results flowing therefrom. The CSB and the State Government/Union Territories are directed to report to this Court on or before 30th July 2001. List the matter on 6. 8. 2001 for further directions at the bottom of the list. T. N. A. Petition is pending.