High Court Dismisses Targeted PIL, Urges Strict Enforcement of Sex Selection Laws
Madhya Pradesh HC finds no evidence in PIL against sonography centers, directs State to enforce PC-PNDT Act rigorously.
In a recent judgment, the Madhya Pradesh High Court dismissed a Public Interest Litigation (PIL) that alleged violations of the Pre Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, by specific sonography centers. The court found the petition lacking in substantive evidence and seemingly motivated to target specific individuals. However, the court emphasized the necessity for strict enforcement of the Act across the state.
The PIL, filed by Rambhuvan Gautam, sought to compel state authorities to enforce compliance with the PC-PNDT Act and its 2014 Rules, specifically concerning the qualifications of practitioners conducting sonographies. The petitioner accused certain sonography centers, particularly targeting respondents 6 and 7, of breaching these legal provisions.
During proceedings, the Deputy Advocate General for the State argued that the petition appeared to be motivated and primarily focused on respondents 6 and 7, without providing evidence of broader violations. The State had already taken action on the petitioner’s complaint by sealing and subsequently de-sealing the premises of the implicated centers, indicating responsiveness to reported infractions.
Upon examination, the High Court noted the absence of specific violations or evidence against the accused centers in the petition. It observed that the petitioner, claiming insider knowledge as a journalist, failed to substantiate allegations with concrete examples of misconduct.
The court concluded that the PIL was aimed at an individual rather than addressing systemic non-compliance with the Act. Nonetheless, recognizing the critical importance of upholding the PC-PNDT Act, the court directed state authorities to ensure its rigorous implementation throughout Madhya Pradesh, reiterating the state's duty to act on any reported infractions.
The judgment underscores the court’s stance on safeguarding legal provisions against sex selection while dismissing unfounded or targeted litigations, reflecting a balanced approach to justice.
Bottom Line:
Public Interest Litigation targeting an individual alleging violations of the Pre Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and its Rules - Petition dismissed due to lack of evidence or instances of violation, but the court directed State authorities to strictly implement the provisions of the Act and Rules throughout Madhya Pradesh.
Statutory provision(s): Pre Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, PC-PNDT Rules 2014
