Featured image for Supreme Court Judgment dated 08-11-2016 in case of petitioner name Voluntary Health Association o vs Union of India and Others
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Landmark Judgment on Female Foeticide: Supreme Court’s Directives for Effective Implementation of PCPNDT Act

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The Supreme Court of India, in the case of Voluntary Health Association of Punjab vs. Union of India & Others, addressed a critical issue concerning female foeticide and the non-implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act). The case, filed as a writ petition, sought the strict enforcement of the law to curb the declining sex ratio in India.

The Court, recognizing the alarming decrease in the female population due to sex-selective abortions, issued a series of directives to ensure the effective implementation of the PCPNDT Act. The ruling underscores the necessity for government agencies to take proactive measures against illegal sex determination practices.

Background of the Case

The petitioners, Voluntary Health Association of Punjab, filed a Public Interest Litigation (PIL) citing the failure of state and central authorities in implementing the provisions of the PCPNDT Act. They contended that despite previous Supreme Court directives, sex-selective abortions continued unabated, leading to a drastic decline in the sex ratio.

The core issues raised in the petition included:

  • The lack of enforcement of the PCPNDT Act.
  • The absence of effective monitoring of ultrasound clinics.
  • The non-maintenance of records by diagnostic centers.
  • The failure of authorities to act against violators.
  • The need for awareness campaigns to educate the public.

Legal Framework and Provisions

The PCPNDT Act was enacted to prohibit sex selection before and after conception and regulate the use of prenatal diagnostic techniques. It mandates:

  • Registration of genetic counseling centers, genetic laboratories, and genetic clinics.
  • Strict documentation of ultrasound tests.
  • A ban on advertising sex determination services.
  • Legal consequences, including imprisonment, for violations.

Petitioner’s Arguments

The petitioners argued that:

  • Despite stringent laws, the declining sex ratio indicated massive non-compliance.
  • Many states had failed to establish the required advisory and monitoring committees.
  • The authorities were not taking action against unregistered and illegal ultrasound clinics.
  • The lack of awareness and effective reporting mechanisms had allowed the misuse of ultrasound technology.

Respondent’s Arguments

The Union of India and various state governments defended their actions, stating:

  • Efforts were being made to implement the Act, but enforcement challenges remained.
  • Monitoring mechanisms were in place, though some states were lagging in compliance.
  • Training programs were being conducted for officials to improve enforcement.
  • Public awareness campaigns were being initiated, though their impact was yet to be fully realized.

Supreme Court’s Observations

The Supreme Court, emphasizing the gravity of the situation, observed:

  • “Female foeticide has its roots in the social thinking which is fundamentally based on certain erroneous notions, egocentric traditions, and perverted perceptions of societal norms.”
  • “The decline in the sex ratio is a sign of a colossal calamity and cannot be allowed to happen.”
  • “The authorities concerned should take steps to seize the machines which have been used illegally and contrary to the provisions of the Act and Rules thereunder.”
  • “There must be fast-tracked courts to deal with cases under the PCPNDT Act.”

Final Judgment and Directives

The Supreme Court issued several directives to ensure strict implementation of the PCPNDT Act:

  1. All states and union territories must maintain a centralized database of birth records to monitor the sex ratio.
  2. Authorities must take stringent action against ultrasound clinics that fail to maintain records as per the Act.
  3. Quarterly progress reports must be submitted by all states on the implementation of the Act.
  4. Special fast-track courts must be established to expedite trials under the PCPNDT Act.
  5. State legal services authorities must actively promote awareness campaigns about the consequences of female foeticide.
  6. The National Inspection and Monitoring Committee must conduct surprise checks on diagnostic centers.
  7. Offenders must face strict penalties, including seizure of equipment used for illegal sex determination.
  8. Government-run media channels must regularly broadcast awareness messages about the dangers of sex-selective abortions.

With these directives, the Court reinforced its commitment to protecting the rights of the girl child and ensuring strict compliance with the law.

Judgment Outcome: Writ Petition (Civil) No. 349 of 2006 disposed of with directives; Writ Petition (Civil) No. 575 of 2014 dismissed.

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