Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 956 (ALL)

Raj Kumar @ Ram Kumar Singh v. State of U. P.

2014-03-26

D.Y.CHANDRACHUD, DILIP GUPTA

body2014
JUDGMENT Leave to implead the District Magistrate, Varanasi as a party respondent is granted to the petitioner. 2. The petitioner, who is resident of village-Babhan Pura, District Varanasi, has in these proceedings which have been filed in the public interest made a grievance in regard to a hospital which is being conducted by the third and fourth respondent without a degree or licence in village-Mustafabad, District Varanasi. The petitioner has addressed a representation on 29 January 2014 to the District Collector, Varanasi making an allegation that the third and fourth respondents have no medical qualifications or degree and that they have been indulging in unlawful acts of performing abortions as an incident of Pre-Natal Diagnosis in which the sex of unborn child is determined with the aid of ultrasound machines. 3. We are of the view that the allegations which have been levelled by the petitioner would, if they are true, raise a matter of serious concern. The provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition on Sex-Selection) Act, 1994 have been adverted to in the judgment delivered by the Supreme Court in Voluntary Health Association of Punjab Vs. Union of India & Others1. Comprehensive directions have been issued by the Supreme Court which, for convenience of reference, we extracting hereinbelow : - "1. The Central Supervisory Board and the State and Union Territories Supervisory Boards, constituted under Sections 7 and 16A 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. 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. 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. 4. The authorities should ensure also that all Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics, Infertility Clinics, Scan Centres etc. 4. The authorities should ensure also that all Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics, Infertility Clinics, Scan Centres etc. using preconception 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 concerned District Authorities, in accordance with Rule 9(8) of the Rules. 5. States and District Advisory Boards should ensure that all manufacturers and sellers of ultra-sonography machines do not sell any machine to any unregistered centre, as provided under Rule 3-A and disclose, on a quarterly basis, to the concerned State/Union Territory and Central Government, a list of persons to whom the machines have been sold, in accordance with Rule 3-A(2) of the Act. 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. 7. Steps should also be taken by the State Government and the authorities under the Act for mapping of all registered and unregistered ultra-sonography clinics, in three months time. 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. 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. 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." 4. A Division Bench of this Court has, in the case of Kuldeep Singh Vs. State of U.P. & others2, also issued directions in that case to the District Magistrate, Mirzapur to regularly monitor ultrasound clinics in his district and carry out inspection regularly on a random basis. 5. A Division Bench of this Court has, in the case of Kuldeep Singh Vs. State of U.P. & others2, also issued directions in that case to the District Magistrate, Mirzapur to regularly monitor ultrasound clinics in his district and carry out inspection regularly on a random basis. 5. We are of the view that in the facts and circumstances of the present case it will be necessary for the District Magistrate, Varanasi as well as the Chief Medical Officer, Varanasi to take cognizance of the grievance which has been raised in the petition and to take necessary steps in accordance with law to enforce the directions which have been issued by the Supreme Court. We would expect and accordingly direct that this exercise is carried out by the District Magistrate, Varanasi and the Chief Medical Officer, Varanasi with all seriousness so as to ensure that the provisions of the Act are duly enforced. 6. The petition is, accordingly, disposed of. There shall be no order as to costs.