S.K.Gupta V/s Union of India & ors.

judfile

1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
D.B. Civil Writ Petition (PIL) No.3270/2012
S.K.Gupta V/s Union of India & ors.
Date of Order::- 15.4.2015
PRESENT
HON’BLE CHIEF JUSTICE MR.SUNIL AMBWANI
HON’BLE MR. JUSTICE PRAKASH GUPTA
Mr.Tanveer Ahmed for the petitioner.
Mr.S.K.Gupta, petitioner present in person.
Mr.G.S.Gill, AAG with )
Mr.H.S.Kandpal )
Mr.B.S.Chhaba )-for the respondents.
Mr.S.K.Saini )
ORDER
(Reportable) BY THE COURT (Per Hon’ble Sunil Ambwani, CJ)
1. This writ petition in public interest has been filed by a Senior
Advocate of the Court deeply concerned with the increasing crime of
female feticide and the consequent missing girl child in the State of
Rajasthan, in which the Implied Sex Ratio at Birth has gone down
from 924 girls to 1000 boys in 1994-2000, to 897 girls per 1000
boys in 2004-10, as against the Nation ratio of 935 in 1994-2000, to
923 in 2004-10. A prayer has been made to take steps, some of
which are for implementation of the laws and the others to wake up
the State Government to its statutory responsibility, against the
crime.
2. In the State of Rajasthan, the Child Sex Ratio has been
declining consistently from 916 girls per 1000 boys in 1991 to 909 in
2001 and 888 in 2011. The decline is significantly higher in the
2
urban areas, though both rural and urban recorded child sex ratio of
girls below 900 in accordance with the Census of 2011 (Mapping the
Adverse Child Sex Ratio in India). It was also discovered in the
census that in the Districts like Dausa, Tonk, Jaipur and Sikar, the
child sex ratio of girls has further plummeted by 35 points. The
problem has worsened in Sikar and Jhunjhunu with these becoming
the hotspots of declining girl child ratio in the State. In addition to
these Districts, the ratio has dipped below 900 in Nagaur, Jodhpur,
Pali, Jalore and Sirohi.
3. The petitioner has prayed for several directions including taking
appropriate steps on the legislative/executive/administrative side to
stop any further declining of child sex ratio; discourage dowry
system/female feticide/sex selection/ sex determination/selecting
abortion/discriminated abortion; to direct for financial assistance and
schemes for improvement of the female children whether it concerns
their birth/nutrition/education/marriage property rights/maintenance
and other related matters; reducing expenditure on marriages; fixing
number of guests in the marriage ceremonies; filing of video
recording of marriage with the Registrar of Marriage; compulsory
registration of marriages; preparation of list of presents in the
marriages in accordance with the Dowry Prohibition
(Maintenance of List of Present to the Bride and Bridegroom)
Rules, 1985; issuance of marriage certificate unless the provisions
of Dowry Prohibition Act have been complied with; monitoring of
working of Dowry Prohibition Officers and Advisory Boards under
section 8(b) of the Dowry Prohibition Act, 1961; to appoint
Empowered Committee for implementation of directions issued by
Hon’ble Supreme Court in CEHAT & others case; enforcement of Preconception
and Pre-natal Diagnostic Techniques (Prohibition
3
of Sex Selection) Act, 1994 (for short, “the PCPNDT Act of 1994”);
pass orders for synchronization and coordination of different
department in carrying out the objects of the relevant laws.
4. The Court appreciates the research and efforts made by the
petitioner for various steps, which will definitely discourage female
feticides and stop the declining of sex ratio of girl child in the State of
Rajasthan. We are informed that the Hon’ble Supreme Court is
regularly monitoring the directions issued by it in Voluntary Health
Ass.of Punjab V/s Union of India and ors. (Writ Petition (s)
(Civil) No.(s).349/2006) and that in the last order dated 18.2.2015,
the Supreme Court has issued directions to file report of compliance
fixing the matter on 15th April, 2015.
5. In this writ petition, orders were passed beginning from
30.3.2012, which may be summarized as follows:-
30.3.2012
The Court directed the trial court to frame charges in
the pending cases, wherever charges have not been framed,
within a period of two months, seeking extension of time from
the High Court in case of any delay in framing charges.
11.5.2012
Noticing that bailable and non-bailable warrants have
been issued against large number of accused, which are
pending compliance, the Director General of Police was
directed to ensure service of the bailable and non-bailable
warrants, with direction to SPs of all concerned Districts to
take necessary steps. The Registrar General was directed to
look into the cases where matters are pending at the stage of
framing of charges and submit compliance report. Direction
was issued for completion of trial within six months.
4
23.5.2012
Directions were issued to use hi-tech software like silent
observer, active tracker etc., so that sonography centres may
be forced to have a complete record of each sonography test
for inspection. They may also be required to transmit online
duly and completed filled in “F” Form to the appropriate
authorities within 24 hours of the sonography. Reliance was
placed on a judgment of the Bombay High Court in
Radiological & Imaging Association V/s Union of India
& ors. (Writ Petition No.797/2011) decided on 26.8.2011,
upholding the decision of the Collector in requiring the ultrasound
clinics to submit information in ‘F’ form on-line within
24 hours and for installation of silent observer on the ultra
sound machine. The Court was satisfied that the State
Government has responded in the matter and requested the
Additional Advocate General to persuade the State
government to issue directions. It was noticed that the State
has created PCPNDT Cell vide order dated 22.5.2012 and that
under section 17(4) of the PCPNDT Act, the State Government
has decided that all sonography machines shall be connected
to active tracker and the entire record, chart, forms, reports
etc. shall be maintained as per provisions of Section 29 of the
PCPNDT Act read with Rule 9 of The Pre-conception and
Pre-natal Diagnostic Techniques (Prohibition of Sex
Selection) Rules of 1996 (for short “the Rules of 1996”).
Seeking compliance of connecting active tracker to each
sonography centre machine in the State, the Court also
noticed that orders have been issued on 22.5.2012 by the
State Government to transmit Form “F” online on the website
5
of the Government i.e. “hamaribeti.nic.in”.
Direction was issued to connect active tracker to each
sonography centre machine within four months and in case of
failure, the non-compliance will be treated as contempt of
court under Article 215 of the Constitution of India as well as
under Contempt of Courts Act, 1971.
28.5.2012
An order filed by the State Government issued for
directing implementation of the directions of the Court, was
taken on record.
6.7.2012
It was noticed that since active tracker is brand name of
one of the products, the similar product manufactured by
other companies are not excluded.
5.9.2012
The Court observed that the Government of Rajasthan
has linked the applicant, namely, Magnum Opus IT Consulting
Private Limited on its web portal and the statement of
Additional Advocate General that they are going to give similar
treatment to Visionindia Software Export Limited was taken
on record.
9.10.2012
The Court considered the application for issuing incentive
scheme where the daughters have performed last rites of their
parents; application to take measures for cutting the wedding
expenses and fixing ceiling on number of guests and wedding
menu; application for direction to State Government to come
out with pension scheme for the parents of daughters only.
Noticing the objections of Additional Advocate General that
6
such matters are not for adjudication of the Court, the Court
did not find any good ground to issue any direction and the
applications were accordingly disposed of.
1.11.2012
The Court noticing its earlier orders made the orders
absolute and disposed of the writ petition as well as the
letters.
4.3.2013
Application was filed for reviving the proceedings, on
which taking notice of several letters sent by the trial courts
for extension of time, the Court observed that charges must
have been framed in most of the matters by the time the
matter has come up for orders and extended the time by
further two months.
4.7.2013
The Court extended the time for framing charges in
cases of violation of PCPNDT Act by another three months.
25.10.2013
Noticing its earlier orders, the Court granted two months
further time to complete the trial in the cases under PCPNDT
Act.
3.2.2014
The Court considered some more letters received from
presiding officers of Kota and Ajmer seeking further time of
six months and reluctantly granted further three months time
to complete the process of framing charges as well as trial.
4.4.2014
The Court extended the time for further period of three
months in all PCPNDT Act cases to complete the recording of
7
the evidence/framing charge/disposal of the proceedings.
11.7.2014
The Registrar General was directed to circulate the copy
of order dated 4.4.2014 to all the concerned courts.
28.7.2014
The progress reports submitted by the Special PCPNDT
Courts at Ajmer, Bharatpur, Bikaner, Jodhpur Metropolitan,
Jaipur Metropolitan, Kota and Udaipur were perused and it
was found that information has not been updated. The
compilations were directed to be updated, giving next dates
and also the likely time by which the proceedings would be
disposed of finally.
16.9.2014
The Court perused the report of the Registrar General
dated 11.9.2014 relating to the PCPNDT Courts at Ajmer,
Bharatpur, Bikaner, Jodhpur Metropolitan, Jaipur
Metropolitan, Kota and Udaipur and noticed that except for a
few cases the charge sheets have not been filed in the pending
cases and that in some of the cases, the proceedings have
been stayed at the stage of revision by the District Judges.
The Court noticed that not a single conviction has been
recorded in the State of Rajasthan. The Court allowed the
counsel appearing for the parties to inspect the files and to
find out the reasons and deficiencies on which the trials are
being delayed. The Registrar General was required to submit
next report by 15.11.2014.
25.11.2014
The Court perused the reports of the PCPNDT Courts at
Ajmer, Bharatpur, Bikaner, Jaipur Metropolitan, Jodhpur
8
Metropolitan, Kota and Udaipur and found that in more than
50% cases, either there is an interim order in a criminal
revision by the Sessions Judge or by the High Court. In
Bikaner, 15 prosecutions were pending at the stage of
arguments, or charges, or pre-charge and there was stay on
further proceedings by the High Court. In other Districts, the
files summoned by the High Court have not been returned
back. Observing its deep pain and anguish, the Court directed
that counsels will take out inspections of the files; the
Member-Secretary, Rajasthan State Legal Services Authority
will organize special workshops for the special courts
entrusted with the trial of offences under the PCPNDT Act; the
Registrar General to list all the criminal cases, including
applications under section 482 Cr.P.C., criminal revisions,
criminal appeals in pending matters of PCPNDT Act
expeditiously before appropriate Benches within a period of
two months; District and Sessions to expedite the revisions
where trials are pending and proceedings of trial have been
stayed and to decide the same within three months’ Special
Magistrates to expedite the trials and to conclude them within
six months and not to await orders where there are no interim
orders passed in the criminal revisions or applications under
section 482 Cr.P.C.
23.2.2015
The Court found from the report submitted by O.S.D.
(F& I) for the Registrar General, Rajasthan High Court,
Jodhpur that as against the pendency of 368 cases in 7
Special Courts, only 2 cases were disposed of in the month of
January, 2015. The maximum number of cases (138) are
9
pending with the Special ACJM, PCPNDT Act Cases, Jaipur
Metropolitan where only one case was decided in January,
2015.
Shri S.K.Gupta, petitioner was required to submit his
suggestions for positive and purposeful implementation of the
PCPNDT Act.
6. Shri S.K.Gupta, petitioner filed an application suggesting
various measures, namely,-
(1) The amendment in Rule 3(3) of the Rules of 1996 made
in the year 2012 has permitted and authorized the medical
practitioner to conduct and engage himself in any genetic
clinic/ultrasound clinic/imaging centre at two places. He has
suggested that such authorized medical practitioner/geneticist,
gynecologist may be permitted to render his services at one
place, which is registered under the Act.
(2) The PCPNDT clinics may be directed to inform the
particulars of the doctors attached to the registered place to
the appropriate authority and to ensure one lab/centre-one
sonologist.
(3) The doctors must sign the sonography reports and in no
case digital signature may be allowed.
(4) Every sale of sonography machine under section 3(B) of
the PCPNDT Act is required to be reported to the State
Appropriate Authority. The manufacturing companies and
dealers may also be subjected to report the sale to the
appropriate authority of the Government.
(5) A GPS may be required to be attached to check the
mobility of the machine in case of the hidden sale.
10
(6) The active trackers have been installed on sonography
machines, for which control room may be ordered to be
established and a nodal officer for continuous checking of
control room server may be ordered to be appointed.
(7) The punishment under section 23(1) of the PCPNDT Act
for three years and fine of Rs.10,000/- should be made more
stringent and for subsequent offences, Rs.5 lacs or
proportionate to the profits/income of the clinics in the past
there to five years be directed to be imposed. Similarly, under
section 23(2), the fine may be enhanced to Rs.10 lacs.
(8) Since every order is appealable and for which manner
has not been prescribed, the Rule may be amended providing
for annexing the copy of the order alongwith appeal and the
appeal must mention necessary facts and grounds.
(9) Rule 11(2) of the Rules of 1996 under the heading
“facilities for inspection” providing for release of machines on
payment of penalty equal to five times of the registration fee
to the appropriate authority with an undertaking not to
undertake detection of sex of foetus or selection of sex before
or after conception, be set aside.
(10) Directions be given in respect of expediting the trials for
summoning witnesses at pre-charge evidence stage by bailable
warrants through the concerned Superintendent of Police and
for adherence with the provisions of the Criminal Procedure
Code for enforcing attendance of witnesses within three weeks.
(11) Whenever any appropriate authority exercises its powers,
seizes any machines, then it shall be required to report to the
concerned Magistrate having its jurisdiction for taking
cognizance and on which court may proceed for confiscation
11
accordingly.
(12) The practitioners/persons working/serving at the
Lab/Clinics must disclose their qualifications to the State
Appropriate Authority and where any enquiry has been
initiated against them relating to the PCPNDT Act, the report
may be ordered to be submitted before the High Court.
(13) Decoy operations may be implemented and the persons
voluntarily giving information about ill-practices must be
honoured so as to invite more and more participation. The
money seized from the doctors be given as reward to the
persons engaged in decoy scheme.
(14) All Judicial Magistrates/Metropolitan Magistrates may be
ordered that wherever the Special Courts are not established,
they may take cognizance and conduct enquiry and trial of
the matters relating to PCPNDT Act.
7. Mr.G.S.Gill, learned Additional Advocate General for the State
of Rajasthan, after expressing his gratitude to the Court for taking
interest in the matter, has detailed the initiatives taken by the State
Government in the affidavit of Shri Kishana Ram, Project Director,
R.C.H., Medical and Health Department, Rajasthan, Jaipur. He stated
that the State Government is seriously concerned with the
implementation of the provisions of the PCPNDT Act and for taking
other measures for improving the child sex ratio, which has fallen in
the State of Rajasthan to 888 against Nation ratio 914. He has
detailed the steps taken by the State Government for birth control,
which makes the persons disqualified for employment or contesting
Panchayati Raj and Local Bodies elections, having more than two
children and has highlighted the following steps taken by the State
12
Government:-
(1) Constitution of State Appropriate Authority vide
Government order dated 25.4.2014.
(2) Constitution of District Level Appropriate Authority and
Sub Divisional Level Appropriate Authority vide Government
order dated 11.1.2012. At district level, the District Collector
has been notified as District Appropriate Authority and at subdivisional
level, the Sub Divisional Officer has been notified as
Sub Divisional Appropriate Authority under the PCPNDT Act.
(3) Constitution of State Inspection Teams vide Government
order dated 11.11.2013, with powers of search and seizure
under Rule 12 of the Rules of 1996.
(4) So far as the implementation is concerned, it is stated
that 2331 ultra sonography centres have been registered so
far, out of which, 192 centres are in the Government sectors
and the remaining 2139 in the private sectors. A total number
of 6722 inspections were done, in which after adopting due
process 354 centres have been de-registered. In 158 matters,
the enquiry is in progress and their licenses have been
suspended. The matters of 21 doctors have been referred, on
which, their registration have been suspended by the
Rajasthan Medical Council.
(5) It is reported that 67 cases have been decided by
various courts in which the accused have been given the
benefit of probation or only fine has been imposed or
punishment till rising of the Court has been awarded. A
request has been made that the courts may be instructed not
to be liberal with these offences. Although most of the
offences are technical in nature for not filling up forms, since
13
the convictions are based on presumptions in these matters
where production of witnesses is very difficult, the proviso to
sub-section (3) of Section 4 amounts to contravention by
raising a presumption.
(6) It is stated that Special Courts have been set up in 7
divisional headquarters and a special police station having its
jurisdiction in whole area of the State of Rajasthan has been
established at Jaipur by notification dated 17.9.2012.
(7) Under the Mukhbir Yojna, the award has been increased
to Rs.one lac and so far 9 persons have been given the award.
(8) The tracking device has been made compulsory in all
functional sonography centres.
(9) It is reported that a software known as “IMPACT” has
been developed to save daughter. It is integrated system for
monitoring PCPNDT Act. The software is first of its kind and
has been awarded SKOTCH order of merit of 2013. Its salient
features have been highlighted in the report as follows:-
“ Salient Features of the IMPACT Software:-
– Record of registered sonography cenrtre was not
available at one place and now it is possible to view the
registered centre in State and detail of registered centre
made available on clinic.
– Many centre who does not care about registration
renewal can be found on website and necessary action
can be taken for these centres.
– Online Renewal of registration process available in
the software, with integrated flow of full process to
renew the registration.
– Auto SMS generation for awareness of the pregnant
women and her family regarding complaint, if she want
to lodge complaint against centres on 104 toll free
number.
14
– Red alert feature for doctors or centres owner if
any pregnant women or her relatives force doctor for sex
determination of the foetus.
– SMS based solution provided to the centre and also
to the department which help the centre and department
higher authority to monitor the activity.
– Every sonography machine has a tracking device
which records the sonography report. It provides the
data to department in the case of suspicious activity.
– Information system which provide the machine
on/off status to the higher authority to track the activity.
– Online monthly/quarterly progress report is being
sent by district PCPNDT coordinators about districts.
– Online seizure/suspension, complaint and FIR
report are available in the software.
– Feedback system which provide a facility to user to
send suggestion or query for better implementation of
the software.”
(10) It is stated that the web based online software, providing
for form-F reporting from centers to Government, has been
developed using ASP.net for front end and SQL Server 2008 R2
as back end. It has pull and push SMS integration provided by
NICSMS gateway for better monitoring by government
authority. The website has been passed through security audit
and has been certified for hosting website by security auditors.
He has requested for demo of the software.
(11) It is reported that a number of programmes have been
initiated for public awakening such as “Badhai Sandesh” where
girl child is born from 1st October, 2014 and involvement of
various NGOs and Government organizations in the Scheme
called “Beti Bachao Beti Padhao” introduced in 10 districts of
Rajasthan, which have comparatively lesser child sex ratio.
The scheme is running under the Chairmanship of the Principal
Secretary, Medical and Health Department. Asha software
popularly known “ASHA SOFT’ is a timely and seamless online
payment developed by NIC for payment under the various
schemes to the beneficiary.
15
8. The female feticide is a horrible crime committed against
humanity, for which every person in the State has to take
responsibility. The crime is committed on account of deeply rooted
prejudice against the girl child in the Society. In the State of
Rajasthan, the magnitude of crime requires more serious steps to be
taken than what has been done so far. We are satisfied with the
concern shown by the State Government and the efforts made by it
for better implementation of the PCPNDT Act by developing software
and launching various schemes for encouraging the development of
girl child and discouraging female feticide. These steps however, are
not adequate, as hardly any conviction has been secured. The
deterrent effect, by punishing those, who are guilty of the crime of
female feticide, has not been felt sufficiently.
9. The crime of female feticide is conceived in secrecy and is
executed with deceit, with the help of doctors running ultra
sonography centres. The PCPNDT Act does not appear to have
deterred the medical profession sufficiently, to avoid ultrasound
sonography test to determine sex of the foetus. The State
Government and the Courts have constitutional and statutory
responsibility to reduce the opportunities of committing crime and to
apprehend the perpetrators of the crime. The directions issued in this
regard in the public interest litigation initiated by Shri S.K.Gupta, a
public spirited Advocate, in last three years, have not resulted into
any desired impact on the reduction of female feticide in the State.
On a conservative estimate, more than 5000 sex determination tests
are being carried out in the State every day in the 2331 registered
sonography centres and a large number operating without obtaining
registration. Out of these, only 192 centres are in the Government
sectors and the remaining 2139 in the private sectors. The medical
16
fraternity cannot deny its role in the crime committed against the
humanity. Without the sex determination tests, the illegal abortion of
female foetus is not possible, as no one in the Society will take a risk
of aborting male foetus.
10. Considering the slow pace of implementation of PCPNDT Act,
after reviewing the situation, we issue the following directions:-
(1) The Law Enforcement Agencies are directed to increase
their vigilance over the unregistered PCPNDT clinics. Whenever
any unregistered PCPNDT clinic is found, the ultrasound
sonography machine should be immediately seized and the
seizure be reported to the State Appropriate Authority and the
Magistrate to initiate proceedings for its confiscation. The
ultrasound sonography machine shall not be released by the
Courts until the conclusion of the proceedings under the
PCPNDT Act.
(2) All the registered Medical Practitioners, authorized by
amendment in Rule 3(3) of the PCPNDT Rules of 1996 made in
the year 2012, to carry out the sonography test, shall sign the
sonography reports. The digital signatures will not be allowed.
Each and every report will be accompanied with the photo
copy or printed copy of the registration certificate of the
PCPNDT clinic.
(3) Every sale of the ultrasound sonography machine
whether static or portable under section 3(B) of the PCPNDT
Act will be reported by the manufacturers to the State
Appropriate Authority. The manufacturing companies and
dealers will obtain sufficient proof of the registration or
application for registration before sale of the machine. The
reporting will also include the sale of the second hand
17
ultrasound sonography machine with the proof of sale to be
registered as PCPNDT clinic. Every sale of machine in violation
of these directions will be treated as unauthorized sale, on
which the machine will be liable to be seized.
(4) A GPS will be required to be attached to check the
location of the ultrasound sonography machine. Every
manufacturer will instal a GPS system at the time of sale of
machine for tracing the location of the ultrasound sonography
machine. The State Appropriate Authority will develop the
technical know how of attaching a GPS on every machine
within a period of three months. After three months, the sale
of ultrasound sonography machine without attaching GPS
system will not be permitted.
(5) The active trackers installed on sonography machines
are of no use until the control rooms are established. The
State Government will ensure that sufficient number of control
rooms are established and a nodal officer is appointed for
continuous monitoring of control room servers.
(6) Until the Rules are amended, providing for a procedure
for an appeal against the order under the PCPNDT Act, it is
provided that the appeal may be filed within a period of 30
days beyond which the appellant will have to give sufficient
reasons for filing the appeal to the satisfaction of the
Appellate Authority, and that a copy of the order will be
annexed with the grounds of memorandum of appeal. The
appeal must be decided expeditiously and as far as possible
within a period of six months.
(7) The order under Rule 11(2) of the PCPNDT Rules of 1996
for release of machines on payment of penalty equal to five
18
times of the registration fee on reporting any violation of
PCPNDT Act or Rules will not be passed until the Appropriate
Authority is fully satisfied with the undertaking of compliance
of the PCPNDT Act and Rules. It will be within the authority of
the Appropriate Authority to take any security including bank
guarantee for releasing the ultrasound sonogrpahy machine
and where the offence has been reported to the Magistrate,
the State Appropriate Authority will not have any power to
release the machine. These powers will be exercised by the
Magistrate, where the criminal case is pending consideration,
subject to the same conditions as are prescribed in Rule 11(2)
of the PCPNDT Rules of 1996.
(8) The State Government is directed to establish Special
PCPNDT Courts in the Districts of Sri-Ganganagar,
Hanumangarh, Churu, Jhunjhunu, Sikar and Alwar, where the
situation of female feticide has worsened, as evidenced by the
fall in the girl child sex ratio in these Districts. The State
Government will establish the Special PCPNDT Courts in these
Districts in addition to the seven PCPNDT Courts in the State of
Rajasthan, within a period of three months.
(9) The Courts where the cases under the PCPNDT Act are
pending or the Courts in which the revisions are pending, are
directed to expedite the proceedings and conclude the trial
within a period of six months. These directions are in addition
to the directions issued earlier by this Court to conclude the
trials. Any pendency of trial under the PCPNDT Act beyond six
months, will be taken adversely by the High Court on its
administrative side.
(10) The Society at large has to be vigilant about the
19
pernicious practice of female feticide, which is conceived in
secrecy and executed in deceit in connivance with the medical
practitioners. The members of the Society are given freedom
to report these crimes to the State Appropriate Authority and
the District Appropriate Authority. The complaints addressed to
the District Magistrate or any other Appropriate Authority will
be immediately reported to the State Appropriate Authority for
taking steps. Wherever the complaints are found to be
genuine, on making inspections, the complainant will be
rewarded and for which the State Government will issue
appropriate scheme within three months. The decoy
operations will be encouraged and for which the State
Government will issue guidelines for both carrying out the
decoy operations and for rewarding the participants in the
successful decoy operations.
(11) All the Judicial Magistrates/Metropolitan Magistrates will
be issued directions by the Registrar General of the Rajasthan
High Court that wherever the Special PCPNDT Courts are not
established, they can take cognizance, conduct enquiry & trial
for all offences of violation of PCPNDT Act and the Rules.
(12) The State Government is requested to continue its
efforts to encourage and expand the scope of the schemes for
welfare of girl child. The State Government has taken
sufficient measures for public awakening, such as ‘Badhai
Sandesh’ on the birth of girl child, involvement of various
NGOs and Government Organizations in ‘Beti Bachao Beti
Padhao’ and in developing the ‘Asha Software’ for timely and
seamless online payment under the various schemes to the
beneficiary. The fall in the ratio of girl child in the State of
20
Rajasthan, however, requires the State Government to
increase and expand the scope of the existing schemes and to
initiate more schemes, for public awareness for protection of
girl child.
(13) The State Government will also consider to make
education of the girl child in the State completely free; to
increase the percentage of reservation for women in public
employment from 30% to 50%; and to provide measures to
limit the expenditure in weddings at all levels.
(14) The State Government, NGOs, Charitable Societies and
the Schools both Government and Private must be encouraged
and given special grants to organize programmes for
development of the girl child and awareness against female
feticide and female infanticide.
11. The matter will be listed again on 11th May, 2015. The
respondents will submit compliance and progress report on the
directions issued by this Court from time to time and the directions
issued today and for further monitoring of the matter.
(PRAKASH GUPTA),J. (SUNIL AMBWANI), C.J.
Parmar
Certificate:
All corrections made in the judgment/order have been incorporated in the
judgment/order being emailed.
PARMAR/
KAMLESH KUMAR, P.A.

Advertisements

Author: savedaughters19

This is a coverage of my struggles to save my daughters.I am thank full to my parents not only for Not killing me ,but also helping me save my daughters... My dream- A big shelter house for women who want to give birth to their daughters and raise them up with dignity and self respect , but have to fight their own families to do so. Will have medical facilities and facilities for legal aid. will have training centers for vocational courses so that they can stand up on their own two feet and stop the dependency on their husbands for finances, A child care center run and managed by the inmates, A kitchen and a vegetable farm run and managed by the inmates. At present only a dream.... But with grace of God will become a reality. God will show the way and means to achieve the dream.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s