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Rajasthan High Court · body

2015 DIGILAW 846 (RAJ)

S. K. Gupta v. Union of India

2015-04-15

PRAKASH GUPTA, SUNIL AMBWANI

body2015
ORDER : Sunil Ambwani, J. 1. This writ petition in public interest has been filed by a Senior Advocate of the Court deeply concerned with the increasing crime of female feticide and the consequent missing girl child in the State of Rajasthan, in which the Implied Sex Ratio at Birth has gone down from 924 girls to 1000 boys in 1994-2000, to 897 girls per 1000 boys in 2004-10, as against the Nation ratio of 935 in 1994-2000, to 923 in 2004-10. A prayer has been made to take steps, some of which are for implementation of the laws and the others to wake up the State Government to its statutory responsibility, against the crime. 2. In the State of Rajasthan, the Child Sex Ratio has been declining consistently from 916 girls per 1000 boys in 1991 to 909 in 2001 and 888 in 2011. The decline is significantly higher in the urban areas, though both rural and urban recorded child sex ratio of girls below 900 in accordance with the Census of 2011 (Mapping the Adverse Child Sex Ratio in India). It was also discovered in the census that in the Districts like Dausa, Tonk, Jaipur and Sikar, the child sex ratio of girls has further plummeted by 35 points. The problem has worsened in Sikar and Jhunjhunu with these becoming the hotspots of declining girl child ratio in the State. In addition to these Districts, the ratio has dipped below 900 in Nagaur, Jodhpur, Pali, Jalore and Sirohi. 3. The problem has worsened in Sikar and Jhunjhunu with these becoming the hotspots of declining girl child ratio in the State. In addition to these Districts, the ratio has dipped below 900 in Nagaur, Jodhpur, Pali, Jalore and Sirohi. 3. The petitioner has prayed for several directions including taking appropriate steps on the legislative/executive/administrative side to stop any further declining of child sex ratio; discourage dowry system/female feticide/sex selection/ sex determination/selecting abortion/discriminated abortion; to direct for financial assistance and schemes for improvement of the female children whether it concerns their birth/nutrition/education/marriage property rights/maintenance and other related matters; reducing expenditure on marriages; fixing number of guests in the marriage ceremonies; filing of video recording of marriage with the Registrar of Marriage; compulsory registration of marriages; preparation of list of presents in the marriages in accordance with the Dowry Prohibition (Maintenance of List of Present to the Bride and Bridegroom) Rules, 1985; issuance of marriage certificate unless the provisions of Dowry Prohibition Act have been complied with; monitoring of working of Dowry Prohibition Officers and Advisory Boards under section 8(b) of the Dowry Prohibition Act, 1961; to appoint Empowered Committee for implementation of directions issued by Hon'ble Supreme Court in CEHAT & others case; enforcement of Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, “the PCPNDT Act of 1994”); pass orders for synchronization and coordination of different department in carrying out the objects of the relevant laws. 4. The Court appreciates the research and efforts made by the petitioner for various steps, which will definitely discourage female feticides and stop the declining of sex ratio of girl child in the State of Rajasthan. We are informed that the Hon'ble Supreme Court is regularly monitoring the directions issued by it in Voluntary Health Ass. of Punjab V/s Union of India and ors. (Writ Petition (s) (Civil) No. (s).349/2006) and that in the last order dated 18.2.2015, the Supreme Court has issued directions to file report of compliance fixing the matter on 15th April, 2015. 5. In this writ petition, orders were passed beginning from 30.3.2012, which may be summarized as follows:- 30.3.2012 The Court directed the trial court to frame charges in the pending cases, wherever charges have not been framed, within a period of two months, seeking extension of time from the High Court in case of any delay in framing charges. 5. In this writ petition, orders were passed beginning from 30.3.2012, which may be summarized as follows:- 30.3.2012 The Court directed the trial court to frame charges in the pending cases, wherever charges have not been framed, within a period of two months, seeking extension of time from the High Court in case of any delay in framing charges. 11.5.2012 Noticing that bailable and non-bailable warrants have been issued against large number of accused, which are pending compliance, the Director General of Police was directed to ensure service of the bailable and non-bailable warrants, with direction to SPs of all concerned Districts to take necessary steps. The Registrar General was directed to look into the cases where matters are pending at the stage of framing of charges and submit compliance report. Direction was issued for completion of trial within six months. 23.5.2012 Directions were issued to use hi-tech software like silent observer, active tracker etc., so that sonography centres may be forced to have a complete record of each sonography test for inspection. They may also be required to transmit online duly and completed filled in “F" Form to the appropriate authorities within 24 hours of the sonography. Reliance was placed on a judgment of the Bombay High Court in Radiological & Imaging Association V/s Union of India & ors. (Writ Petition No.797/2011) decided on 26.8.2011, upholding the decision of the Collector in requiring the ultrasound clinics to submit information in 'F' form on-line within 24 hours and for installation of silent observer on the ultra sound machine. The Court was satisfied that the State Government has responded in the matter and requested the Additional Advocate General to persuade the State government to issue directions. It was noticed that the State has created PCPNDT Cell vide order dated 22.5.2012 and that under section 17(4) of the PCPNDT Act, the State Government has decided that all sonography machines shall be connected to active tracker and the entire record, chart, forms, reports etc. shall be maintained as per provisions of Section 29 of the PCPNDT Act read with Rule 9 of The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules of 1996 (for short “the Rules of 1996”). shall be maintained as per provisions of Section 29 of the PCPNDT Act read with Rule 9 of The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules of 1996 (for short “the Rules of 1996”). Seeking compliance of connecting active tracker to each sonography centre machine in the State, the Court also noticed that orders have been issued on 22.5.2012 by the State Government to transmit Form “F” online on the website of the Government i.e. “hamaribeti.nic.in”. Direction was issued to connect active tracker to each sonography centre machine within four months and in case of failure, the non-compliance will be treated as contempt of court under Article 215 of the Constitution of India as well as under Contempt of Courts Act, 1971. 28.5.2012 An order filed by the State Government issued for directing implementation of the directions of the Court, was taken on record. 6.7.2012 It was noticed that since active tracker is brand name of one of the products, the similar product manufactured by other companies are not excluded. 5.9.2012 The Court observed that the Government of Rajasthan has linked the applicant, namely, Magnum Opus IT Consulting Private Limited on its web portal and the statement of Additional Advocate General that they are going to give similar treatment to Visionindia Software Export Limited was taken on record. 9.10.2012 The Court considered the application for issuing incentive scheme where the daughters have performed last rites of their parents; application to take measures for cutting the wedding expenses and fixing ceiling on number of guests and wedding menu; application for direction to State Government to come out with pension scheme for the parents of daughters only. Noticing the objections of Additional Advocate General that such matters are not for adjudication of the Court, the Court did not find any good ground to issue any direction and the applications were accordingly disposed of. 1.11.2012 The Court noticing its earlier orders made the orders absolute and disposed of the writ petition as well as the letters. 4.3.2013 Application was filed for reviving the proceedings, on which taking notice of several letters sent by the trial courts for extension of time, the Court observed that charges must have been framed in most of the matters by the time the matter has come up for orders and extended the time by further two months. 4.3.2013 Application was filed for reviving the proceedings, on which taking notice of several letters sent by the trial courts for extension of time, the Court observed that charges must have been framed in most of the matters by the time the matter has come up for orders and extended the time by further two months. 4.7.2013 The Court extended the time for framing charges in cases of violation of PCPNDT Act by another three months. 25.10.2013 Noticing its earlier orders, the Court granted two months further time to complete the trial in the cases under PCPNDT Act. 3.2.2014 The Court considered some more letters received from presiding officers of Kota and Ajmer seeking further time of six months and reluctantly granted further three months time to complete the process of framing charges as well as trial. 4.4.2014 The Court extended the time for further period of three months in all PCPNDT Act cases to complete the recording of the evidence/framing charge/disposal of the proceedings. 11.7.2014 The Registrar General was directed to circulate the copy of order dated 4.4.2014 to all the concerned courts. 28.7.2014 The progress reports submitted by the Special PCPNDT Courts at Ajmer, Bharatpur, Bikaner, Jodhpur Metropolitan, Jaipur Metropolitan, Kota and Udaipur were perused and it was found that information has not been updated. The compilations were directed to be updated, giving next dates and also the likely time by which the proceedings would be disposed of finally. 16.9.2014 The Court perused the report of the Registrar General dated 11.9.2014 relating to the PCPNDT Courts at Ajmer, Bharatpur, Bikaner, Jodhpur Metropolitan, Jaipur Metropolitan, Kota and Udaipur and noticed that except for a few cases the charge sheets have not been filed in the pending cases and that in some of the cases, the proceedings have been stayed at the stage of revision by the District Judges. The Court noticed that not a single conviction has been recorded in the State of Rajasthan. The Court allowed the counsel appearing for the parties to inspect the files and to find out the reasons and deficiencies on which the trials are being delayed. The Registrar General was required to submit next report by 15.11.2014. The Court noticed that not a single conviction has been recorded in the State of Rajasthan. The Court allowed the counsel appearing for the parties to inspect the files and to find out the reasons and deficiencies on which the trials are being delayed. The Registrar General was required to submit next report by 15.11.2014. 25.11.2014 The Court perused the reports of the PCPNDT Courts at Ajmer, Bharatpur, Bikaner, Jaipur Metropolitan, Jodhpur Metropolitan, Kota and Udaipur and found that in more than 50% cases, either there is an interim order in a criminal revision by the Sessions Judge or by the High Court. In Bikaner, 15 prosecutions were pending at the stage of arguments, or charges, or pre-charge and there was stay on further proceedings by the High Court. In other Districts, the files summoned by the High Court have not been returned back. Observing its deep pain and anguish, the Court directed that counsels will take out inspections of the files; the Member-Secretary, Rajasthan State Legal Services Authority will organize special workshops for the special courts entrusted with the trial of offences under the PCPNDT Act; the Registrar General to list all the criminal cases, including applications under section 482 Cr. P.C., criminal revisions, criminal appeals in pending matters of PCPNDT Act expeditiously before appropriate Benches within a period of two months; District and Sessions to expedite the revisions where trials are pending and proceedings of trial have been stayed and to decide the same within three months' Special Magistrates to expedite the trials and to conclude them within six months and not to await orders where there are no interim orders passed in the criminal revisions or applications under section 482 Cr. P.C. 23.2.2015 The Court found from the report submitted by O.S.D. (F& I) for the Registrar General, Rajasthan High Court, Jodhpur that as against the pendency of 368 cases in 7 Special Courts, only 2 cases were disposed of in the month of January, 2015. The maximum number of cases (138) are pending with the Special ACJM, PCPNDT Act Cases, Jaipur Metropolitan where only one case was decided in January, 2015. Shri S.K. Gupta, petitioner was required to submit his suggestions for positive and purposeful implementation of the PCPNDT Act. 6. The maximum number of cases (138) are pending with the Special ACJM, PCPNDT Act Cases, Jaipur Metropolitan where only one case was decided in January, 2015. Shri S.K. Gupta, petitioner was required to submit his suggestions for positive and purposeful implementation of the PCPNDT Act. 6. Shri S.K. Gupta, petitioner filed an application suggesting various measures, namely,- (1) The amendment in Rule 3(3) of the Rules of 1996 made in the year 2012 has permitted and authorized the medical practitioner to conduct and engage himself in any genetic clinic/ultrasound clinic/imaging centre at two places. He has suggested that such authorized medical practitioner/geneticist, gynecologist may be permitted to render his services at one place, which is registered under the Act. (2) The PCPNDT clinics may be directed to inform the particulars of the doctors attached to the registered place to the appropriate authority and to ensure one lab/centre-one sonologist. (3) The doctors must sign the sonography reports and in no case digital signature may be allowed. (4) Every sale of sonography machine under section 3(B) of the PCPNDT Act is required to be reported to the State Appropriate Authority. The manufacturing companies and dealers may also be subjected to report the sale to the appropriate authority of the Government. (5) A GPS may be required to be attached to check the mobility of the machine in case of the hidden sale. (6) The active trackers have been installed on sonography machines, for which control room may be ordered to be established and a nodal officer for continuous checking of control room server may be ordered to be appointed. (7) The punishment under section 23(1) of the PCPNDT Act for three years and fine of Rs.10,000/- should be made more stringent and for subsequent offences, Rs.5 lacs or proportionate to the profits/income of the clinics in the past there to five years be directed to be imposed. Similarly, under section 23(2), the fine may be enhanced to Rs.10 lacs. (8) Since every order is appealable and for which manner has not been prescribed, the Rule may be amended providing for annexing the copy of the order alongwith appeal and the appeal must mention necessary facts and grounds. Similarly, under section 23(2), the fine may be enhanced to Rs.10 lacs. (8) Since every order is appealable and for which manner has not been prescribed, the Rule may be amended providing for annexing the copy of the order alongwith appeal and the appeal must mention necessary facts and grounds. (9) Rule 11(2) of the Rules of 1996 under the heading “facilities for inspection” providing for release of machines on payment of penalty equal to five times of the registration fee to the appropriate authority with an undertaking not to undertake detection of sex of foetus or selection of sex before or after conception, be set aside. (10) Directions be given in respect of expediting the trials for summoning witnesses at pre-charge evidence stage by bailable warrants through the concerned Superintendent of Police and for adherence with the provisions of the Criminal Procedure Code for enforcing attendance of witnesses within three weeks. (11) Whenever any appropriate authority exercises its powers, seizes any machines, then it shall be required to report to the concerned Magistrate having its jurisdiction for taking cognizance and on which court may proceed for confiscation accordingly. (12) The practitioners/persons working/serving at the Lab/Clinics must disclose their qualifications to the State Appropriate Authority and where any enquiry has been initiated against them relating to the PCPNDT Act, the report may be ordered to be submitted before the High Court. (13) Decoy operations may be implemented and the persons voluntarily giving information about ill-practices must be honoured so as to invite more and more participation. The money seized from the doctors be given as reward to the persons engaged in decoy scheme. (14) All Judicial Magistrates/Metropolitan Magistrates may be ordered that wherever the Special Courts are not established, they may take cognizance and conduct enquiry and trial of the matters relating to PCPNDT Act. 7. Mr. G.S. Gill, learned Additional Advocate General for the State of Rajasthan, after expressing his gratitude to the Court for taking interest in the matter, has detailed the initiatives taken by the State Government in the affidavit of Shri Kishana Ram, Project Director, R.C.H., Medical and Health Department, Rajasthan, Jaipur. He stated that the State Government is seriously concerned with the implementation of the provisions of the PCPNDT Act and for taking other measures for improving the child sex ratio, which has fallen in the State of Rajasthan to 888 against Nation ratio 914. He stated that the State Government is seriously concerned with the implementation of the provisions of the PCPNDT Act and for taking other measures for improving the child sex ratio, which has fallen in the State of Rajasthan to 888 against Nation ratio 914. He has detailed the steps taken by the State Government for birth control, which makes the persons disqualified for employment or contesting Panchayati Raj and Local Bodies elections, having more than two children and has highlighted the following steps taken by the State Government:- (1) Constitution of State Appropriate Authority vide Government order dated 25.4.2014. (2) Constitution of District Level Appropriate Authority and Sub Divisional Level Appropriate Authority vide Government order dated 11.1.2012. At district level, the District Collector has been notified as District Appropriate Authority and at sub-divisional level, the Sub Divisional Officer has been notified as Sub Divisional Appropriate Authority under the PCPNDT Act. (3) Constitution of State Inspection Teams vide Government order dated 11.11.2013, with powers of search and seizure under Rule 12 of the Rules of 1996. (4) So far as the implementation is concerned, it is stated that 2331 ultra sonography centres have been registered so far, out of which, 192 centres are in the Government sectors and the remaining 2139 in the private sectors. A total number of 6722 inspections were done, in which after adopting due process 354 centres have been de-registered. In 158 matters, the enquiry is in progress and their licenses have been suspended. The matters of 21 doctors have been referred, on which, their registration have been suspended by the Rajasthan Medical Council. (5) It is reported that 67 cases have been decided by various courts in which the accused have been given the benefit of probation or only fine has been imposed or punishment till rising of the Court has been awarded. A request has been made that the courts may be instructed not to be liberal with these offences. Although most of the offences are technical in nature for not filling up forms, since the convictions are based on presumptions in these matters where production of witnesses is very difficult, the proviso to sub-section (3) of Section 4 amounts to contravention by raising a presumption. Although most of the offences are technical in nature for not filling up forms, since the convictions are based on presumptions in these matters where production of witnesses is very difficult, the proviso to sub-section (3) of Section 4 amounts to contravention by raising a presumption. (6) It is stated that Special Courts have been set up in 7 divisional headquarters and a special police station having its jurisdiction in whole area of the State of Rajasthan has been established at Jaipur by notification dated 17.9.2012. (7) Under the Mukhbir Yojna, the award has been increased to Rs. one lac and so far 9 persons have been given the award. (8) The tracking device has been made compulsory in all functional sonography centres. (9) It is reported that a software known as “IMPACT” has been developed to save daughter. It is integrated system for monitoring PCPNDT Act. The software is first of its kind and has been awarded SKOTCH order of merit of 2013. Its salient features have been highlighted in the report as follows:- “Salient Features of the IMPACT Software:- -Record of registered sonography cenrtre was not available at one place and now it is possible to view the registered centre in State and detail of registered centre made available on clinic. -Many centre who does not care about registration renewal can be found on website and necessary action can be taken for these centres. -Online Renewal of registration process available in the software, with integrated flow of full process to renew the registration. -Auto SMS generation for awareness of the pregnant women and her family regarding complaint, if she want to lodge complaint against centres on 104 toll free number. -Red alert feature for doctors or centres owner if any pregnant women or her relatives force doctor for sex determination of the foetus. -SMS based solution provided to the centre and also to the department which help the centre and department higher authority to monitor the activity. -Every sonography machine has a tracking device which records the sonography report. It provides the data to department in the case of suspicious activity. -Information system which provide the machine on/off status to the higher authority to track the activity. -Online monthly/quarterly progress report is being sent by district PCPNDT coordinators about districts. -Online seizure/suspension, complaint and FIR report are available in the software. It provides the data to department in the case of suspicious activity. -Information system which provide the machine on/off status to the higher authority to track the activity. -Online monthly/quarterly progress report is being sent by district PCPNDT coordinators about districts. -Online seizure/suspension, complaint and FIR report are available in the software. -Feedback system which provide a facility to user to send suggestion or query for better implementation of the software." (10) It is stated that the web based online software, providing for form-F reporting from centers to Government, has been developed using ASP.net for front end and SQL Server 2008 R2 as back end. It has pull and push SMS integration provided by NICSMS gateway for better monitoring by government authority. The website has been passed through security audit and has been certified for hosting website by security auditors. He has requested for demo of the software. (11) It is reported that a number of programmes have been initiated for public awakening such as “Badhai Sandesh” where girl child is born from 1st October, 2014 and involvement of various NGOs and Government organizations in the Scheme called “Beti Bachao Beti Padhao” introduced in 10 districts of Rajasthan, which have comparatively lesser child sex ratio. The scheme is running under the Chairmanship of the Principal Secretary, Medical and Health Department. Asha software popularly known “ASHA SOFT' is a timely and seamless online payment developed by NIC for payment under the various schemes to the beneficiary. 8. The female feticide is a horrible crime committed against humanity, for which every person in the State has to take responsibility. The crime is committed on account of deeply rooted prejudice against the girl child in the Society. In the State of Rajasthan, the magnitude of crime requires more serious steps to be taken than what has been done so far. We are satisfied with the concern shown by the State Government and the efforts made by it for better implementation of the PCPNDT Act by developing software and launching various schemes for encouraging the development of girl child and discouraging female feticide. These steps however, are not adequate, as hardly any conviction has been secured. The deterrent effect, by punishing those, who are guilty of the crime of female feticide, has not been felt sufficiently. 9. These steps however, are not adequate, as hardly any conviction has been secured. The deterrent effect, by punishing those, who are guilty of the crime of female feticide, has not been felt sufficiently. 9. The crime of female feticide is conceived in secrecy and is executed with deceit, with the help of doctors running ultra sonography centres. The PCPNDT Act does not appear to have deterred the medical profession sufficiently, to avoid ultrasound sonography test to determine sex of the foetus. The State Government and the Courts have constitutional and statutory responsibility to reduce the opportunities of committing crime and to apprehend the perpetrators of the crime. The directions issued in this regard in the public interest litigation initiated by Shri S.K. Gupta, a public spirited Advocate, in last three years, have not resulted into any desired impact on the reduction of female feticide in the State. On a conservative estimate, more than 5000 sex determination tests are being carried out in the State every day in the 2331 registered sonography centres and a large number operating without obtaining registration. Out of these, only 192 centres are in the Government sectors and the remaining 2139 in the private sectors. The medical fraternity cannot deny its role in the crime committed against the humanity. Without the sex determination tests, the illegal abortion of female foetus is not possible, as no one in the Society will take a risk of aborting male foetus. 10. Considering the slow pace of implementation of PCPNDT Act, after reviewing the situation, we issue the following directions:- (1) The Law Enforcement Agencies are directed to increase their vigilance over the unregistered PCPNDT clinics. Whenever any unregistered PCPNDT clinic is found, the ultrasound sonography machine should be immediately seized and the seizure be reported to the State Appropriate Authority and the Magistrate to initiate proceedings for its confiscation. The ultrasound sonography machine shall not be released by the Courts until the conclusion of the proceedings under the PCPNDT Act. (2) All the registered Medical Practitioners, authorized by amendment in Rule 3(3) of the PCPNDT Rules of 1996 made in the year 2012, to carry out the sonography test, shall sign the sonography reports. The digital signatures will not be allowed. Each and every report will be accompanied with the photo copy or printed copy of the registration certificate of the PCPNDT clinic. The digital signatures will not be allowed. Each and every report will be accompanied with the photo copy or printed copy of the registration certificate of the PCPNDT clinic. (3) Every sale of the ultrasound sonography machine whether static or portable under section 3(B) of the PCPNDT Act will be reported by the manufacturers to the State Appropriate Authority. The manufacturing companies and dealers will obtain sufficient proof of the registration or application for registration before sale of the machine. The reporting will also include the sale of the second hand ultrasound sonography machine with the proof of sale to be registered as PCPNDT clinic. Every sale of machine in violation of these directions will be treated as unauthorized sale, on which the machine will be liable to be seized. (4) A GPS will be required to be attached to check the location of the ultrasound sonography machine. Every manufacturer will instal a GPS system at the time of sale of machine for tracing the location of the ultrasound sonography machine. The State Appropriate Authority will develop the technical know how of attaching a GPS on every machine within a period of three months. After three months, the sale of ultrasound sonography machine without attaching GPS system will not be permitted. (5) The active trackers installed on sonography machines are of no use until the control rooms are established. The State Government will ensure that sufficient number of control rooms are established and a nodal officer is appointed for continuous monitoring of control room servers. (6) Until the Rules are amended, providing for a procedure for an appeal against the order under the PCPNDT Act, it is provided that the appeal may be filed within a period of 30 days beyond which the appellant will have to give sufficient reasons for filing the appeal to the satisfaction of the Appellate Authority, and that a copy of the order will be annexed with the grounds of memorandum of appeal. The appeal must be decided expeditiously and as far as possible within a period of six months. The appeal must be decided expeditiously and as far as possible within a period of six months. (7) The order under Rule 11(2) of the PCPNDT Rules of 1996 for release of machines on payment of penalty equal to five times of the registration fee on reporting any violation of PCPNDT Act or Rules will not be passed until the Appropriate Authority is fully satisfied with the undertaking of compliance of the PCPNDT Act and Rules. It will be within the authority of the Appropriate Authority to take any security including bank guarantee for releasing the ultrasound sonogrpahy machine and where the offence has been reported to the Magistrate, the State Appropriate Authority will not have any power to release the machine. These powers will be exercised by the Magistrate, where the criminal case is pending consideration, subject to the same conditions as are prescribed in Rule 11(2) of the PCPNDT Rules of 1996. (8) The State Government is directed to establish Special PCPNDT Courts in the Districts of Sri-Ganganagar, Hanumangarh, Churu, Jhunjhunu, Sikar and Alwar, where the situation of female feticide has worsened, as evidenced by the fall in the girl child sex ratio in these Districts. The State Government will establish the Special PCPNDT Courts in these Districts in addition to the seven PCPNDT Courts in the State of Rajasthan, within a period of three months. (9) The Courts where the cases under the PCPNDT Act are pending or the Courts in which the revisions are pending, are directed to expedite the proceedings and conclude the trial within a period of six months. These directions are in addition to the directions issued earlier by this Court to conclude the trials. Any pendency of trial under the PCPNDT Act beyond six months, will be taken adversely by the High Court on its administrative side. (10) The Society at large has to be vigilant about the pernicious practice of female feticide, which is conceived in secrecy and executed in deceit in connivance with the medical practitioners. The members of the Society are given freedom to report these crimes to the State Appropriate Authority and the District Appropriate Authority. The complaints addressed to the District Magistrate or any other Appropriate Authority will be immediately reported to the State Appropriate Authority for taking steps. The members of the Society are given freedom to report these crimes to the State Appropriate Authority and the District Appropriate Authority. The complaints addressed to the District Magistrate or any other Appropriate Authority will be immediately reported to the State Appropriate Authority for taking steps. Wherever the complaints are found to be genuine, on making inspections, the complainant will be rewarded and for which the State Government will issue appropriate scheme within three months. The decoy operations will be encouraged and for which the State Government will issue guidelines for both carrying out the decoy operations and for rewarding the participants in the successful decoy operations. (11) All the Judicial Magistrates/Metropolitan Magistrates will be issued directions by the Registrar General of the Rajasthan High Court that wherever the Special PCPNDT Courts are not established, they can take cognizance, conduct enquiry & trial for all offences of violation of PCPNDT Act and the Rules. (12) The State Government is requested to continue its efforts to encourage and expand the scope of the schemes for welfare of girl child. The State Government has taken sufficient measures for public awakening, such as 'Badhai Sandesh' on the birth of girl child, involvement of various NGOs and Government Organizations in 'Beti Bachao Beti Padhao' and in developing the 'Asha Software' for timely and seamless online payment under the various schemes to the beneficiary. The fall in the ratio of girl child in the State of Rajasthan, however, requires the State Government to increase and expand the scope of the existing schemes and to initiate more schemes, for public awareness for protection of girl child. (13) The State Government will also consider to make education of the girl child in the State completely free; to increase the percentage of reservation for women in public employment from 30% to 50%; and to provide measures to limit the expenditure in weddings at all levels. (14) The State Government, NGOs, Charitable Societies and the Schools both Government and Private must be encouraged and given special grants to organize programmes for development of the girl child and awareness against female feticide and female infanticide. 11. The matter will be listed again on 11th May, 2015. The respondents will submit compliance and progress report on the directions issued by this Court from time to time and the directions issued today and for further monitoring of the matter.