Pushap Lata's Appeal Dismissed; Court Reaffirms Importance of Record Maintenance Under PCPNDT Act
In a significant judgment, the Punjab and Haryana High Court has upheld the conviction of Pushap Lata, owner of Mittal Maternity & Scan Centre, Barnala, for violating the Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act). The petitioner was found guilty of not maintaining mandatory records as required under the Act, which is crucial in preventing female foeticide.
The judgment, delivered by Justice Ramesh Chander Dimri, dismissed the criminal revision petition filed by Pushap Lata against the decision of the Additional Sessions Judge, Barnala, which had earlier upheld her conviction by the Judicial Magistrate 1st Class, Barnala. The High Court noted that the violations were not mere clerical errors but significant omissions contributing to offenses like female foeticide.
The case stemmed from an inspection conducted on January 19, 2005, by a team led by the complainant, which uncovered several discrepancies at the clinic. These included the improper maintenance of Form F, a mandatory record under the Act, and the non-preservation of ultrasound records. The Court emphasized that such non-compliance is punishable under the PCPNDT Act and highlighted the Supreme Court's stance that non-maintenance of records is a serious offense.
Despite procedural irregularities during the inspection, the Court held that the evidence collected was admissible and relevant, reaffirming its stance that procedural lapses do not negate the admissibility of evidence. The Court also rejected the plea for leniency based on the petitioner's age, underscoring the gravity of offenses under the PCPNDT Act aimed at curbing female foeticide.
The judgment serves as a stern reminder of the legal obligations under the PCPNDT Act and the judiciary's commitment to enforcing these provisions to protect the girl child.
Bottom line:-
Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - Violations of Section 29 of the Act and Rule 9(4) of the 1996 Rules - Non-maintenance of mandatory records such as Form F constitutes a punishable offense under the Act. Even if procedural irregularities occur during inspection, evidence collected remains admissible and can be relied upon.
Statutory provision(s): Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - Sections 23(1), 28(1), 29; Rule 9(4) of the 1996 Rules, Criminal Procedure Code, 1973 - Section 401
Pushap Lata v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2882408
