COURT ON ITS OWN MOTION Vs. UNION OF INDIA AND OTHERS
LAWS(JHAR)-2014-8-91
HIGH COURT OF JHARKHAND
Decided on August 08,2014

COURT ON ITS OWN MOTION Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

- (1.) Having read the news item published in Hindustan Times (English Edition) dated 3rd July, 2014 regarding alarming increase in pre-natal sex determination amongst the pregnant women in Jharkhand, the Court vide order dated 7th August, 2014 has taken suo motu cognizance and registered it as a Public Interest Litigation.
(2.) We have heard Mr. Mukesh Kumar, learned Amicus Curiae and Mr. Rajesh Kumar, learned G.P.V. In the order dated 07.08.2014 the Court in paragraph 2 observed as under: "2. The highest number of such abortions has been reported from East Singhbhumi.e 23.6% and in Ranchi 17%. The average sex ratio at birth in Jharkhand is 928 females per 1000 males as per Annual Health Survey, 2011-12. The low sex ratio at birth and an increase in number of abortions after sex determination tests at ultrasound centres in Jharkhand indicate that the government measures to curb pre-natal gender determination have gone in a toss. It is also reported in the above newspaper that the surge in pre-natal sex determination is attributed to the fact that since 2012 the Health Department and its nodal organization Jharkhand Rural Health Mission Society (JRHMS) have not conducted any large scale drive to enforce the laws against such tests. The Health Department raided 404 rogue centers and sealed 39 of them last year, but most of the owners have been left off after warnings."
(3.) Further the Court directed the respondents to inform the Court about the following points:- i. The registration obtained by those Genetic Counselling Centre/Genetic Laboratory/Genetic Clinic functioning in the State of Jharkhand. ii. Number of Genetic Counselling Centre/Genetic Laboratory/Genetic Clinic functioning in the State of Jharkhand. iii. The action taken in respect of those centres, who are functioning without registration. iv. Other relevant details;


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