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Check foeticide, SC tells Centre, states
New Delhi, Sept 10: Expressing concern over misuse of technology causing grave imbalance in sex-ratio, the Supreme Court today directed the Centre and state governments to strictly monitor the activities of ultra-sound diagnostic clinics to prevent illegal female foeticide.
New Delhi, Sept 10: Expressing concern over misuse of technology causing grave imbalance in sex-ratio, the Supreme Court today directed the Centre and state governments to strictly monitor the activities of ultra-sound diagnostic clinics to prevent illegal female foeticide.
The order was given by a bench, comprising Justice M B Shah and Justice Ashok Bhan, which was monitoring for the last two years implementation of Pre-Natal Diagnostic Techniques (regulations and prevention of misuse) Act across the country.
Justice Shah, pronouncing the final verdict of the court on a PIL filed by NGO Centre for Enquiry into Health and Allied Themes (CEHAT), said it was an admitted fact girls were being discriminated in India and dowry was still prevalent.
"With no change in the mindset about females, the sex-determination tests add to the adverse situation," he said and added the court would not be able to change the mindset of the population. The court said the advancement of technology was to bring succour to the populace but with the mindset remaining unchanged, the technology was being used for illegal "removal of female foetus" and this "adds to pressure on male-female ratio".
The court referred to a series of orders it had passed during the last two years to prevent the ultra-sound clinics from illegally determining the sex of the foetus and directed the governments to strictly monitor implementation of these orders.
CEHAT had alleged that the sex-ratio in the country, as reflected in the 2001 census, was dropping alarmingly due to the unchecked practice of determining the sex of foetus, invariably resulting in female foeticide.
The court, taking serious note of the allegations, had directed the state governments to "take immediate action if clinics were using the ultra-sound machines without licence and directed seizure of the machines". It had even made an example of Uttar Pradesh government by imposing a fine of Rs 5000 on it for not complying with the orders for seizure of ultra-sound machines illegally operating for determination of sex of foetus.
The PNDT Act provided for constitution of district level advisory committees, which should be approached by the general public in case they had a grievance regarding illegal use of the machines for determination of sex of foetus.
The court had found that many states had not constituted the committees and directed immediate compliance with the provisions of the act.
It had also directed the Centre and the state governments to create public awareness against the practice of pre-natal sex determination and female foeticide through appropriate releases in the electronic media.
The apex court had also directed the Central Supervisory Board (CSB) to meet every six months to review and monitor the implementation of the act. It had asked the states and Union Territories to furnish quarterly reports to CSB on the working of the PNDT Act.
Bureau Report
Justice Shah, pronouncing the final verdict of the court on a PIL filed by NGO Centre for Enquiry into Health and Allied Themes (CEHAT), said it was an admitted fact girls were being discriminated in India and dowry was still prevalent.
"With no change in the mindset about females, the sex-determination tests add to the adverse situation," he said and added the court would not be able to change the mindset of the population. The court said the advancement of technology was to bring succour to the populace but with the mindset remaining unchanged, the technology was being used for illegal "removal of female foetus" and this "adds to pressure on male-female ratio".
The court referred to a series of orders it had passed during the last two years to prevent the ultra-sound clinics from illegally determining the sex of the foetus and directed the governments to strictly monitor implementation of these orders.
CEHAT had alleged that the sex-ratio in the country, as reflected in the 2001 census, was dropping alarmingly due to the unchecked practice of determining the sex of foetus, invariably resulting in female foeticide.
The court, taking serious note of the allegations, had directed the state governments to "take immediate action if clinics were using the ultra-sound machines without licence and directed seizure of the machines". It had even made an example of Uttar Pradesh government by imposing a fine of Rs 5000 on it for not complying with the orders for seizure of ultra-sound machines illegally operating for determination of sex of foetus.
The PNDT Act provided for constitution of district level advisory committees, which should be approached by the general public in case they had a grievance regarding illegal use of the machines for determination of sex of foetus.
The court had found that many states had not constituted the committees and directed immediate compliance with the provisions of the act.
It had also directed the Centre and the state governments to create public awareness against the practice of pre-natal sex determination and female foeticide through appropriate releases in the electronic media.
The apex court had also directed the Central Supervisory Board (CSB) to meet every six months to review and monitor the implementation of the act. It had asked the states and Union Territories to furnish quarterly reports to CSB on the working of the PNDT Act.
Bureau Report