Raj Kumar @ Ram Kumar Singh vs State Of U.P. And 3 Others

CRPIL(A)_5327_2014

1
Chief Justice’s Court
Case :- CRIMINAL WRIT-PUBLIC INTEREST LITIGATION No. –
5327 of 2014
Petitioner :- Raj Kumar @ Ram Kumar Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- S.P.S. Parmar
Counsel for Respondent :- Govt. Advocate
Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, Chief Justice
Hon’ble Dilip Gupta, J.
Leave to implead the District Magistrate, Varanasi as a party
respondent is granted to the petitioner.
The petitioner, who is resident of village-Babhan Pura, District
Varanasi, has in these proceedings which have been filed in the public
interest made a grievance in regard to a hospital which is being
conducted by the third and fourth respondent without a degree or
licence in village-Mustafabad, District Varanasi. The petitioner has
addressed a representation on 29 January 2014 to the District Collector,
Varanasi making an allegation that the third and fourth respondents
have no medical qualifications or degree and that they have been
indulging in unlawful acts of performing abortions as an incident of
Pre-Natal Diagnosis in which the sex of unborn child is determined with
the aid of ultrasound machines.
We are of the view that the allegations which have been levelled
by the petitioner would, if they are true, raise a matter of serious
concern. The provisions of the Pre-Conception and Pre-Natal
Diagnostic Techniques (Prohibition on Sex-Selection) Act, 1994 have
2
been adverted to in the judgment delivered by the Supreme Court in
Voluntary Health Association of Punjab Vs. Union of India &
Others1
. Comprehensive directions have been issued by the Supreme
Court which, for convenience of reference, we extracting hereinbelow :-
“1. The Central Supervisory Board and the State and
Union Territories Supervisory Boards, constituted under
Sections 7 and 16A of PN&PNDT Act, would meet at
least once in six months, so as to supervise and oversee
how effective is the implementation of the PN&PNDT
Act.
2. The State Advisory Committees and District
Advisory Committees should gather information relating
to the breach of the provisions of the PN&PNDT Act and
the Rules and take steps to seize records, seal machines
and institute legal proceedings, if they notice violation of
the provisions of the PN&PNDT Act.
3. The Committees mentioned above should report
the details of the charges framed and the conviction of the
persons who have committed the offence, to the State
Medical Councils for proper action, including suspension
of the registration of the unit and cancellation of licence
to practice.
4. The authorities should ensure also that all Genetic
Counselling Centres, Genetic Laboratories and Genetic
Clinics, Infertility Clinics, Scan Centres etc. using
preconception and pre-natal diagnostic techniques and
procedures should maintain all records and all forms,
required to be maintained under the Act and the Rules and
the duplicate copies of the same be sent to the concerned
District Authorities, in accordance with Rule 9(8) of the
Rules.
1 (2013) 4 SCC 1
3
5. States and District Advisory Boards should ensure
that all manufacturers and sellers of ultra-sonography
machines do not sell any machine to any unregistered
centre, as provided under Rule 3-A and disclose, on a
quarterly basis, to the concerned State/Union Territory
and Central Government, a list of persons to whom the
machines have been sold, in accordance with Rule 3-A(2)
of the Act.
6. There will be a direction to all Genetic Counselling
Centres, Genetic Laboratories, Clinics etc. to maintain
forms A, E, H and other Statutory forms provided under
the Rules and if these forms are not properly maintained,
appropriate action should be taken by the authorities
concerned.
7. Steps should also be taken by the State
Government and the authorities under the Act for
mapping of all registered and unregistered ultrasonography
clinics, in three months time.
8. Steps should be taken by the State Governments
and the Union Territories to educate the people of the
necessity of implementing the provisions of the Act by
conducting workshops as well as awareness camps at the
State and District levels.
9. Special Cell be constituted by the State
Governments and the Union Territories to monitor the
progress of various cases pending in the Courts under the
Act and take steps for their early disposal.
10. The authorities concerned should take steps to
seize the machines which have been used illegally and
contrary to the provisions of the Act and the Rules
thereunder and the seized machines can also be
confiscated under the provisions of the Code of Criminal
Procedure and be sold, in accordance with law.”
4
A Division Bench of this Court has, in the case of Kuldeep
Singh Vs. State of U.P. & others2
, also issued directions in that case to
the District Magistrate, Mirzapur to regularly monitor ultrasound clinics
in his district and carry out inspection regularly on a random basis.
We are of the view that in the facts and circumstances of the
present case it will be necessary for the District Magistrate, Varanasi as
well as the Chief Medical Officer, Varanasi to take cognizance of the
grievance which has been raised in the petition and to take necessary
steps in accordance with law to enforce the directions which have been
issued by the Supreme Court. We would expect and accordingly direct
that this exercise is carried out by the District Magistrate, Varanasi and
the Chief Medical Officer, Varanasi with all seriousness so as to ensure
that the provisions of the Act are duly enforced.
The petition is, accordingly, disposed of. There shall be no order
as to costs.
Date:.26.03.2014
SK
(Dr. D.Y. Chandrachud, CJ)
(Dilip Gupta, J)
2 Writ Petition No.25312 of 2013, decided on 08.05.2013

Advertisements

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