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Judgment
On 15.09.2015, while reproducing the earlier parts of the order pertaining to other States, the State of Orissa was directed to provide the Committee relevant documents especially the documents which are required for eradicating the deficiencies pointed out by the Committee. The documents were filed by the State in pursuance of our order and the Committee has filed a report pertaining to the State of Orissa.
Mr. Gonsalves, learned senior counsel appearing for the petitioners have drawn our attention to paragraphs 3 and 4 of the report. They read as follows :
"3. AS and MD (NHM) welcomed the participants of the meeting. JS (RCH) read out the Order dated 15.09.2015 passed by the Hon''ble Supreme Court in Writ Petition (C) No. 349/2006 specifying the mandate given to the committee for the scheduled meeting. He clarified that the purpose of this meeting to scrutinise and validate the data regarding the figures on sex ratio at birth and the follow up action taken by the State on the SIMC reports.
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 and 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 fro 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."
Mr. Gonsalves, learned senior counsel has also filed a chart containing ''District-wise Sex Ratio at Birth of Odhsia 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
Anugul
894
900
879
890
904
2
Balasore
923
891
912
870
870
3
Bargarh
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
Jaipur
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
Korapaut
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
31
Odisha
911
902
896
886
889"
It is submitted by Mr. Gonsalves that the ratio has fallen in number of districts, for when the sex-ratio reduces below 900, there is a signal of a social disaster. He has pointed out too many districts where it has fallen below 900 and drawn our attention to two districts, namely, Kendrapara and Ganjam to highlight that the sex ratio has gone down to 705 and 794 in 2014. Be it stated, we have mentioned the two districts only to highlight that how the sex ratio has fallen in the year 2014 than what it was in 2010. It is a critical situation to be taken note of by the State Government as well as by the Committee in question.
At this juncture, we may note with profit that on the earlier occasion, Ms Anitha Shenoy, learned counsel had referred to Rule 18A of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules 1996. It is pointed by Mr. Parekh that the said rule had been brought into existence in 2014. Sub-rule (6) of Rule 18A provides that all the appropriate authorities including the State, District and sub-district shall submit quarterly progress report to the Government India through the State Government and maintain Form ''H'' for keeping theinformation of all the registrations made readily available. The Committee was directed to apprise us about the quarterly reports. A status report as on 31.10.2015 has been brought on record as Annexure-II. On a scrutiny of the report, we find that the States like, Assam, Bihar, Gujarat, Haryana, Karnataka, Madhya Pradesh, Manipur, Meghalaya, Mizoram, Punjab, Sikkim, Tamil Nadu, Telangana, Tripura and uttar Pradesh have not furnished the quarterly report. Apart from the above States, Union Territories of Andaman and Nicobar Islands, Delhi and Lakshadweep have also not filed their quarterly report as on that date.
The States and Union Territories which have not filed their quarterly report as on that date, shall file the same before the concerned Committee on or before 30.11.2015.
We may further direct that unless it is specified by the Union of India or the Committee, the quarterly report by each of the State and Union Territory shall be furnished to the competent authority by 10th of each succeeding month.
Having heard learned counsel for the parties, we are of the considered opinion that the hearing should commence for the writ petition and the interlocutory applications which have been filed from time to time should be dealt with finally and accordingly for the said purpose, let the matter be listed on 12.01.2016.
Learned counsel for the parties shall file the written notes of submissions by 05.01.2016.