Crack down on female foeticide, Supreme Court tells government
The Hindu - NEW DELHI, March 5, 2013
Eliminating female foetus after pre-natal diagnostic tests has pushed the female child ratio down nationwide, the Supreme Court has observed.
A Bench of Justices K.S. Radhakrishnan and Dipak Misra blamed the
practice on lack of implementation of the Pre-Conception and Pre-Natal
Diagnostic Techniques (Prohibition on Sex-Selection) Act. Both judges
gave different, but concurring, judgments.
Justice Radhakrishnan said: “Indian society’s discrimination against the
female child still exists owing to various reasons, which has its roots
in the social behaviour and prejudices, and due to the evils of the
dowry system, which still prevails despite its prohibition under the
Dowry Prohibition Act. The decline in the female child ratio leads to an
irresistible conclusion that the practice of eliminating female foetus
by pre-natal diagnostic techniques is widely prevalent. Complaints are
many [of] at least a few of the medical professionals performing sex
selective abortion.The provisions of the Medical Termination of
Pregnancy Act, 1971, are also being consciously violated and misused.”
The Bench said: “We have gone through the chart as well as the data made
available by various States, which depict a sorry and alarming state of
affairs. Lack of proper supervision and effective implementation of the
Act by various States is clearly demonstrated. However, Maharashtra has
a better record. Seldom are ultrasound machines used for such sex
determination in violation of the provisions of the Act seized and, even
if seized, they are being released to the violators, only [for them] to
repeat the crime. Few cases end in conviction. Cases booked under the
Act are pending disposal for several years in many courts. Nobody takes
any interest in their disposal and hence, seldom do those cases end in
conviction and sentences, a fact well known to the violators.
Many of the ultra-sonography clinics seldom maintain any record as per
the rules, and in respect of the pregnant women, no records are kept for
their treatment, and the provisions of the Act and the rules are being
violated with impunity.”
In view of this, the Bench issued a series of directives to the Centre
and all the States. The Central Supervisory Board and the State and
Union Territory Supervisory Boards, constituted under Sections 7 and 16A
of the PN&PNDT Act, would meet at least once in six months to
supervise the implementation of the Act.
The State Advisory Committees and the District Advisory Committees
should gather information on the breach of the provisions of the Act and
the rules and take steps to seize records, seal machines and institute
legal proceedings in case of any violation.
The committees should report the details of the charges framed and the
conviction of the persons who committed the offence to the State Medical
Councils for proper action, including suspension of the registration of
the unit and cancellation of the licence to practise.
The States and District Advisory Boards should ensure that all
manufacturers and sellers of ultra-sonography machines do not sell
anything to any unregistered centre, as provided under Rule 3-A of the
Act, and disclose, on a quarterly basis, to the State/the Union
Territory concerned and the Central government a list of persons to whom
the machines have been sold, in accordance with Rule 3-A (2).
The State governments should map all registered and unregistered
ultra-sonography clinics in three months. Steps should be taken to
sensitise the people to the need for implementing the provisions of the
Act, through workshops and awareness camps.
Special cells should be constituted to monitor the progress of various
cases pending in court and steps taken for their early disposal.
The authorities should seize the machines used illegally. They could be
confiscated under the Code of Criminal Procedure and sold.
Courts should dispose of all pending cases within six months. The States should file a status report in three months.
Aucun commentaire:
Enregistrer un commentaire