Case Note & Summary
The case involved a writ petition filed by the Centre for Enquiry Into Health And Allied Themes (CEHAT) and others against the Union of India regarding the implementation of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The petitioners sought directions for the effective enforcement of the Act, which aimed to prevent female foeticide and discrimination against the girl child. The Court noted the persistent societal discrimination against girls, exacerbated by the misuse of medical technology for sex selection, leading to a declining sex ratio in certain states. The Court highlighted the lack of action by both Central and State Governments in enforcing the Act, despite its enactment nearly five years prior. It issued several directions to the Central Government, including the creation of public awareness campaigns and the establishment of a Central Supervisory Board to oversee the implementation of the Act. The Court also directed State Governments to appoint Appropriate Authorities and Advisory Committees to facilitate compliance and report quarterly on their activities. Despite previous orders, the Court found that many States had not complied with its directives, leading to further instructions for accountability and action against unregistered medical facilities. The Court emphasized the need for continuous public education on gender equality and the importance of the Act in protecting the rights of the girl child. Ultimately, the Court disposed of the writ petition while reiterating the necessity for compliance with its orders and the Act's provisions.
Headnote
A) Constitutional Law - Implementation of Statutory Provisions - Duty of Government to Enforce Law - Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - The Court emphasized the need for effective implementation of the PNDT Act to combat female foeticide and directed the Central and State Governments to take necessary actions for its enforcement. Held that the failure to implement the Act undermines its purpose and the rights of the girl child (Paras 1-8). B) Administrative Law - Accountability of Authorities - Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - The Court directed the establishment of Appropriate Authorities and Advisory Committees at various levels to ensure compliance with the Act, highlighting the need for accountability in the administration (Paras 8-15). C) Public Health Law - Awareness Campaigns - Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - The Court mandated public awareness campaigns to educate citizens about the implications of sex selection and the importance of gender equality, reinforcing the role of media in disseminating information (Paras 15-20).
Issue of Consideration
Whether the Central and State Governments have effectively implemented the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
Final Decision
The Court directed the Central and State Governments to take immediate and effective steps for the implementation of the PNDT Act, including public awareness campaigns and the establishment of appropriate authorities. The Court emphasized the need for accountability and regular reporting on the Act's implementation. The writ petition was disposed of with directions for compliance with previous orders.
Law Points
- Implementation of PNDT Act
- Public awareness against female foeticide
- Role of Central Supervisory Board
- Responsibilities of State Governments
- Quarterly reporting requirements
