Voluntary Health Ass. of Punjab vs Union of India (UOI) and Others

The affidavit of the Union of India be taken on record. We have learned Counsel on either side.

We are of the considered view that the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 [Act 57 of 1994] is not being properly implemented by the various States and Union Territories in its true letter and spirit to achieve objects and reasons for which the Act has been enacted. The Act clearly provides for

prohibition of the misuse of pre-natal diagnostic techniques for determination of sex of foetus, leading to female foeticide;

prohibition of advertisement of prenatal diagnostic techniques for detection or determination of sex;

permission and Regulation of the use of pre-natal diagnostic techniques for the purpose of detection of specific genetic abnormalities or disorders;

permitting the use of such techniques only under certain conditions by the registered institutions; and

punishment for violation of the provisions of the Act.

Section 17(1) of the Act empowers the Central Government to appoint, by notification in the Official Gazette, one or more Appropriate Authorities for each of the Union Territories for the purpose of this Act and Sub-section (2) of Section 17 empowers the State Government to appoint one or more Appropriate Authorities for the whole or part of the State for the purpose of implementation of this Act having regard to the intensity of the problem of pre-natal sex determination leading to female foeticide.

Section 17, therefore, puts an obligation on the Central Government, the State Governments and Union Territories to appoint Appropriate Authorities for the proper implementation of the Act. We are not in a position to know whether all the States and Union Territories have constituted Appropriate Authorities under the Act and whether they are effectively functioning. For the time being we are inclined to examine the situations which exist in the States of Punjab, Haryana, N.C.T. Delhi, Rajasthan, Uttar Pradesh, Bihar and Maharashtra, where the statistics made available would show a drastic reduction in female child sex ratio.

We notice, though some of the States have taken some steps against the violators, not a single case of prosecution has been reported from any Stale, which shows that the Authorities are very callous in implementing the provisions of the Act. This Court had earlier gave various directions in its judgment pronounced in the case of center for Enquiry Into Health and Allied Themes (CEHAT) and Others Vs. Union of India (UOI) and Others, Those direction also are yet to be implemented.

In such circumstances, we direct Health Secretaries of all the above mentioned States to remain present in this Court on the next date of hearing so as to apprise the Court of the steps they have taken to implement the provisions of the Act. They will also make available the latest statistics of the number of cases booked for violation of the provisions of the Act, prosecution launched and how many ended in conviction.

Registrar (Judicial) is directed to communicate this order to the Chief Secretaries of the respective States forthwith. List on 12.2.2013. In the meantime, it is open to the learned Counsel appearing for the respective States to file affidavits explaining steps they have taken for the effective implementation of the provisions of the Act.