JUDGEMENT
-
(1.) The Central Government is directed to create public awareness against the practice of prenatal determination of sex and female foeticide through appropriate releases/programmes in the electronic media. This shall also be done by the Central Supervisory Board ('CSB' for short) as provided under section 16(iii) of the PNDT Act.
(2.) The Central Government is directed to implement with all vigour and zeal the PNDT Act and the Rules framed in 1996. Rule 15 provides that the intervening period between two meetings of the Advisory Committees constituted under sub section (5) of section 17 of the PNDT Act to advise the appropriate authority shall not exceed 60 days. It would be seen that this Rule is strictly adhered to.
//. Directions to the Central Supervisory Board (CSB) 1. Meetings of CSB will be held at least once in six months [re proviso to section 9(1)]. The constitution of CSB is provided under section 7. It empowers the Central Government to appoint ten members under section 7(2)(e) which includes eminent medical practitioners, including eminent social scientists and representatives of women welfare organizations. We hope that this power will be exercised so as to include those persons who can genuinely spare some time for implementation of the Act. 2. CSB shall review and monitor the implementation of the Act [re section
Csb shall issue directions to all State/UT appropriate authorities to furnish quarterly returns to Csb giving a report on the implementation and working of the Act. These returns should inter alia contain specific information about:
(i) survey of bodies specified in section 3 of the Act; (ii) registration of bodies specified in section 3 of the Act; (iii) action taken against non registered bodies operating in violation of section 3 of the Act, inclusive of search and seizure of records; (iv) complaints received by the appropriate authorities under the Act and action taken pursuant thereto; (v) number and nature of awareness campaigns conducted and results flowing therefrom. Csb shall examine the necessity to amend the Act keeping in mind emerging technologies and difficulties encountered in implementation of the Act and to make recommendations to the Central Government (re section 16). Csb shall lay down a code of conduct under section 16(iv) of the Act to be observed by persons working in bodies specified therein and to ensure its publication so that the public at large can know about it. Csb will require medical professional bodies/associations to create awareness against the practice of prenatal determination of sex and female foeticide and to ensure implementation of the Act.
///. Directions to State Governments/UT Administrations 1. All State Governments/UT Administrations are directed to appoint by notification, fully empowered appropriate authorities at district and sub district levels and also Advisory Committees to aid and advise the appropriate authorities in discharge of their functions [re section 17(5)]. For the Advisory Committee also, it is hoped that members of the said Committee as provided under Section 17(6)(d) should be such persons who can devote some time to the work assigned to them. 2. All State Governments/UT Administrations are directed to publish a list of the appropriate authorities in print and electronic media in their respective States/UTs. 3. All State Governments/UT Administrations are directed to create public awareness against the practice of prenatal determination of sex and female foeticide through advertisement in print and electronic media by hoardings and other appropriate means.
(3.) ALL State Governments/UT Administrations are directed to ensure that all State/UT appropriate authorities furnish quarterly returns to CSB giving a report on the implementation and working of the Act. These returns should inter alia contain specific information about:
(i) survey of bodies specified in section 3 of the Act; (ii) registration of bodies specified in section 3 of the Act; (iii) action taken against non registered bodies operating in violation of section 3 of the Act, inclusive of search and seizure of records; (iv) complaints received by the appropriate authorities under the Act and action taken pursuant thereto; (v) number and nature of awareness campaigns conducted and results flowing therefrom. IV. Directions to appropriate authorities 1. Appropriate authorities are directed to take prompt action against any person or body who issues or causes to be issued any advertisement in violation of section 22 of the Act. 2. Appropriate authorities are directed to take prompt action against all bodies specified in section 3 of the Act as also against persons who are operating without a valid certificate of registration under the Act. 3. All State/UT appropriate authorities are directed to furnish quarterly returns to CSB giving a report on the implementation and working of the Act. These returns should inter alia contain specific information about: (i) survey of bodies specified in section 3 of the Act; (ii) registration of bodies specified in section 3 of the Act including bodies using ultrasound machines; (iii) action taken against non registered bodies operating in violation of section 3 of the Act, inclusive of search and seizure of record; (iv) complaints received by the appropriate authorities under the Act and action taken pursuant thereto; (v) number and nature of awareness campaigns conducted and results flowing therefrom. CSB and the State Governments/Union Territories are directed to report to this Court on or before 30.7.2001. List the matter on 6.8.2001 for further directions at the bottom of the list.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.