- (1.) The affidavit of the Union of India be taken on record. We have learned Counsel on either side.
(2.) We are of the considered view that the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 [Act 57 of 1994] is not being properly implemented by the various States and Union Territories in its true letter and spirit to achieve objects and reasons for which the Act has been enacted. The Act clearly provides for 1. prohibition of the misuse of pre-natal diagnostic techniques for determination of sex of foetus, leading to female foeticide; 2. prohibition of advertisement of prenatal diagnostic techniques for detection or determination of sex; 3. permission and Regulation of the use of pre-natal diagnostic techniques for the purpose of detection of specific genetic abnormalities or disorders; 4. permitting the use of such techniques only under certain conditions by the registered institutions; and 5. punishment for violation of the provisions of the Act.
(3.) Section 17(1) of the Act empowers the Central Government to appoint, by notification in the Official Gazette, one or more Appropriate Authorities for each of the Union Territories for the purpose of this Act and Sub-section (2) of Section 17 empowers the State Government to appoint one or more Appropriate Authorities for the whole or part of the State for the purpose of implementation of this Act having regard to the intensity of the problem of pre-natal sex determination leading to female foeticide.;