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Supreme Court of India

CENTRE FOR ENQUIRY INTO HEALTH AND ALLIED THEMES (CEHAT) AND ORS.versusUNION OF INDIA AND ORS.

Citation
2003 INSC 468
Decided
10 September 2003
Disposal
Disposed off

Holding

The Court held that the Central and State Governments must strictly implement the PNDT Act as directed, including appointing appropriate authorities, conducting public awareness, and submitting quarterly reports, and that no further judicial directions are required beyond those already issued.

Summary

The petitioners, including CEHAT, sought enforcement of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, alleging that the Central and State governments had failed to implement its provisions to curb sex‑selection and female foeticide. The Supreme Court examined the extent of non‑compliance, noting that many States had not filed affidavits, appointed appropriate authorities, or submitted quarterly reports as required. Relying on the Act’s mandate to prevent misuse of prenatal diagnostic techniques, the Court reiterated earlier directions and issued detailed orders for public awareness, regular meetings of the Central Supervisory Board, appointment of State Supervisory Boards, and submission of comprehensive quarterly returns. It emphasized that unregistered clinics must be prosecuted under Sections 23, 28 and 30 of the Act, and that the National Monitoring and Inspection Committee must continue its oversight until full implementation is achieved. The Court held that no further directions were necessary beyond those already issued and ordered the governments to comply with them. Consequently, the writ petition was disposed of after the Court’s comprehensive implementation directives.

Issues considered

  • Whether the Central Government and State Governments have complied with the implementation requirements of the PNDT Act.
  • Whether the courts can direct specific administrative actions, such as appointment of appropriate authorities and supervisory boards, to enforce the PNDT Act.
  • Whether unregistered diagnostic centres must be prosecuted under the Act.
  • Whether the governments must undertake public awareness campaigns and submit periodic reports as mandated by the Act.

Legislation cited

Subjects

Sex selectionFemale foeticidePNDT Act implementationPublic awarenessCentral Supervisory BoardState Supervisory BoardPrenatal diagnostic techniquesGender discrimination

Judgment

          CENTRE FOR ENQUIRY INTO HEALTH AND                              A
             ALLIED THEMES (CEHAT) AND ORS.
                                  V.

                   UNION OF INDIA AND ORS.

                       SEPTEMBER IO, 2003
                                                                          B
               [M.B. SHAH AND ASHOK BHAN, JJ.]

     Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of
Sex Selection) Act, I 994:
                                                                          c
     Female infanticide-Sex selection/sex determination-Pre-natal
Diagnostic Techniques-Contravention of the provisions of PNDT Act-
Various directions isued to Central Government and States!UTs for proper
implementation of the provisions of the PNDT Act-Pre-natal Diagnostic
Techniques (Regulation and Prevention of Misuse) Act, 1994 (Old).        D
     The petitioners had filed the present .writ petition before this
Court praying inter alia that as the Pre-natal Diagnostic Techniques
contravene the provisions of the Pre-conception and Pre-natal Diagnostic
Techniques (Prohibition of Sex Selection) Act, 1994 (PNDT), the E
Central Government and the State Governments be directed to
implement the provisions of the PNDT Act.

   This Court issued directions for the proper implementation of the
PNDT Act to the following authorities. :
                                                                          F
     (a) Central Government.

     (b) Central Supervisory Board.

     (c) State Governments/UT Administrations.
                                                                          G
     (d) Appropriate Authorities.

     However, to a large extent the PNDT Act was not implemented
by the Central Government or the State Governments. Certain States/
UTs did not even file their affidavits.                             H
                                  593
    594                  SUPREME COURT REPORTS [2003] SUPP. 3 S.C.R.

A         Disposing of the petition, the Court directed :

       (a) For effective implementation of the Act, information should
  be published by way of advertisements as well as on electronic media.
  This process should be continued until there is awareness in public that
B there should not be any discrimination between male and female child.
         (b) Quarterly reports by the appropriate authority, which are
    submitted to the Supervisory Board should be consolidated and
    published annually for information of the public at large.

C       (c) Appropriate authorities shall maintain the records of all the
    meetings of the Advisory Committees.

         (d) The national monitoring and Inspection Committee constituted
    by the Central Government for conducting period inspection shall
D   continue to function until the Act is effectively implemented.

         (e) As provided under Rule 17(3) of the Pre-conception and Pre-
    natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1974,
    public would have access to the records maintained by different bodies
    constituted under the Act.
E
         (f) Central Supervisory Board would ensure that the following
    States appoint the State Supervisory Board as per the requirement of
    Section 16A :

F       1. Delhi 2. Himachal Pradesh 3. Tamil Nadu 4. Tripura 5. Uttar
    Pradesh.

        (g) As per the requirement of Section 17(3), the Central Supervisory
    Board would ensure that the following States appoint the multi-
G   member appropriate authorities :

        1. Jharkhand 2. Maharashtra 3. Tripura 4. Tamil Nadu 5. Uttar
    Pradesh. (605-E-H, 606-A-Dl

          CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 301 of
H 2000.
        CENTRE FOR ENQUIRY INTO HEAL TH AND ALLIED THEMES (CEHAT) v. U.0.L [SHAH,l.] 595

          Under Article 32 of the Constitution of India.                                   A
           Attorney General for India (NP), Raju Ramachandran, Additional
     Solicitor General, P. Ghosh, Sanjay Parikh, Ashmita Basu, S.Santanam
     Swaminadhan, A.N. Singh, P. Roy, Rauf Rahim, Rajeev Mehta, Krishan
     Mahajan, Ms. Sunita Sharma, Ms. Anil Katiyar, D.S. Mahra, Ms. Hemantika B
     Wahi, Ms. Aruna Gupta, Radha Shyam Jena, Ashok Mathur, Rajesh
     Pathak, Altaf H. Nayak, Advocate General for J & K, Anis Suhrawardy,
     J.S. Attri, V.N. Raghupathy, A.K. Shukla, Ms. Bharati Upadhyaya, Ranji
     Thomas, Bhawani Shankar Gadnis, Shiv Sagar Tiwari, Akshay Gadnis, Ms.
     Smitha Inna, Sanjay R. Hegde, R.K. Rathore, Addi. Advocate General, Ms.
     Naresh Bakshi, R. S. Suri, Rajeev Sharma, Mrs. V.D. Khanna, U.U. Lalit,               c
     S.S. Shinde, Mukesh K. Giri, Khwairakpam Nobin Singh, B. V. Niren,
     Guntur Prabhakar, Gopal Singh, Ms. Vimla Sinha, Ms. Vani Singh, Anil
     Shrivastav, Jyoti Dutt, Ranjan Mukherjee, A.S. Punjdir, P.N. Ramalingam,
     Tara Chandra Sharma, Ms. Neelam Sharma, S.K. Agnihotri, Sakesh
     Kumar, B.B. Singh, Kumar Rajesh Singh, R.C. Verma, Mukesh Verma, D
     Manish Shanker, V.G. Pragasam, Prakash Shrivastava, G.S. Chatterjee,
     Ms. Rachana Srivastava, Bhargava V. Desai, Sanjeev Kumar Singh,
     Pradeep Mallik, Chander Shekhar Ashri, Mohit K. Bhandari, Ms. Manjula
     Gupta, Ms. Indra Sawhney, V. Ramasubramanian, B.V. Deepak, Dinesh
     Kumar Garg, Arvind Kumar Tewari, Jasbir Malik, S.K. Sabharwal, Ms. E
     Kamini Jaiswal, Neeraj Kumar Jain, Aditya Kr. Choudhary, Ms. Kavita,
     Wadia, A. Mariarputham, Ms. Aruna Mathur, K.R. Sasiprabhu, Jay Savla,
     Ms. Krishna Sarma, Ms. Asha G. Nair, V.K. Sidatharan, Ms. U. Hazarika,
     Ms. Kamshankar, and Ms. Sunita Hazarika for the Appearing parties.

          The Judgment of the Court was delivered by                                       F

          SHAH, J. : It is an admitted fact that in Indian Society, discrimination
     against girl child still prevails, may be because of prevailing uncontrolled
     dowry system despite the Dowry Prohibition Act, as there is no change in
     the mind-set or also because of insufficient education and/or tradition of G
     women being confined to household activities. Sex selection/sex
     determination further adds to this adversity. It is also known that number
     of persons condemn discrimination against women in all its forms, and
     agree to pursue, by appropriate means, a policy of eliminating discrimination
     against women, still however, we are not in a position to change mental H




..
    596                   SUPREME COURT REPORTS (2003) SUPP. 3 S.C.R.

A set-up which favours a male child against a female. Advance technology
    is increasingly used for removal of foetus (may or may not be seen as
    commission of murder) but it certainly affects the sex ratio. The misuse
    of modem science and technology by preventing the birth of girl child by
    sex determination before birth and thereafter abortion is evident from the
B   2001 Census figures which reveal greater decline in sex ratio in the 0-6
    age group in States like Haryana, Punjab, Maharashtra and Gujarat, which
    are economically better off.

          Despite this, it is unfortunate that law which aims at preventing such
    practice is not implemented and, therefore, Non-Governmental Organisations
C   are required to approach this Court for implementation of the Pre-natal
    Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
    renamed after amendment as "The Pre-conception and Pre-natal Diagnostic
    Techniques (Prohibition of Sex Selection) Act" (hereinafter referred to as
    'the PNDT Act') which is the normal function of the Executive.
D
          In this petition, it was inter alia prayed that as the Pre-natal
    Diagnostic Techniques contravene the provisions of the PNDT Act, the
    Central Government and the State Governments be directed to implement
    the provisions of the PNDT Act (a) by appointing appropriate authorities
E   at State and District levels and the Advisory Committees; (b) the Central
    ~ovemment be directed to ensure that Central Supervisory Board meets
    every 6 months as provided under the PNDT Act; and (c) for banning of
    all advertisements of pre-natal sex selection including all other sex
    determination techniques which can be abused to selectively produce only
    boys either before or during pregnancy.
F
         After filing of this petition, notices were issued and thereafter various
    orders from time to time were passed to see that the Act is effectively
    implemented.

          A) On 4th May 2001, following order was passed:-
G
                  "It is unfortunate that for one reason or the other, the practice
             of female infanticide still prevails despite the fact that gentle touch
             of a daughter and her voice has soothing effect on the parents.
             One of the reasons may be the marriage problems faced by the
H            parents coupled with the dowry demand by the so-called educated
CENTRE FOR ENQUIRY INTO HEALTH AND ALLIED THEMES (CEHATl v, U.0.1. [SHAH, I.] 597

     and/or rich persons who are well placed in the society. The A
     traditional system offemale infanticide whereby female baby was
     done away with after birth by poisoning or letting her choke on
     husk continues in a different form by taking advantage of advance
     medical techniques. Unfortunately, developed medical science is
     misused to get rid of a girl child before birth. Knowing full well B
     that it is immoral and unethical as well as it may amount to an
     offence, foetus of a girl child is aborted by qualified and
     unqualified doctors or compounders. This has affected overall sex
     ratio in various States where female infanticide is prevailing
     without any hindrance.
                                                                                    c
          For controlling the situation, the Parliament in its wisdom
     enacted the Pre-natal Diagonstic Techniques (Regulation and
     Prevention of Misuse) Act, 1994 (hereinafter referred to as "the
     PNDT Act"). The Preamble, inter a/ia, provides that the object
     of the Act is to prevent the misuse of such techniques for the D
     purpose of pre-natal sex determination leading to female foeticide
     and for matters connected therewith or incidental thereto. The Act
     came into force from !st January, 1996.

           It is apparent that to a large extent, the PNDT Act is not E
     implemented by the Central Government or by the State
     Governments. Hence, the petitioners are required to approach this
     Court under Article 32 of the Constitution of India. One of the
     petitioners is the Centre for Enquiry Into Health and Allied
     Themes (CEHA T) which is a research centre of Anusandhan Trust
     based in Pune and Mumbai. Second petitioner is Mahila Sarvangeen F
     Utkarsh Manda] (MASUM) based in Pune and Maharashtra and
     the third petitioner is Dr. Sahu M. Georges who is having
     experience and technical knowledge in the field. After filing of
     this petition, this Court issued notices to the concerned parties on
     9.5.2000. It took nearly one year for the various States to file their G
     affidavits in reply/written submissions. Primafacie it appears that
     despite the PNDT Act being enacted by the Parliament five years
     back, neither the State Governments nor the Central Government
     has taken appropriate actions/or its implementation. Hence, after
     considering the respective submissions made at the time of H
    598                  SUPREME COURT REPORTS [2003) SUPP. 3 S.C.R.

A            hearing of this matter, as suggested by the learned Attorney
             General for India, Mr. Soli J. Sorabjee following directions are
             issued on the basis of various provisions for the proper
             implementation of the PNDT Act :

          I. Directions to the Central Government
B
             1.   The Central Government is directed to create public awareness
                  against the practice of pre-natal determination of sex and
                  female foeticide through appropriate releases I programmes
                  in the electronic media. This shall also be done by Central
c                 Supervisory Board ("CSB" for short) as provided under
                  Section l 6(iii) of the PNDT Act.

             2.   The Central Government is directed to implement with all
                  vigor and zeal the PNDT Act and the Rules framed in 1996.
                  Rule 15 provides that the intervening period between two
D
                  meetings of the Advisory Committees constituted under sub-
                  section (5) of Section 17 of the PNDT Act to advise the
                  appropriate authority shall not exceed 60 days. It would be
                  seen that this Rule is strictly adhered to.

E         II. Directions to the Central Supervisory Board (CSB)

             I.   Meetings of the CSB will be held at least once in six months.
                  [Re. Proviso to Section 9(1)) The constitution of the CSB
                  is provided under Section 7. It empowers the Central
F                 Government to appoint ten members under Section 7(2)(e)
                  which includes eminent medical practitioners including
                  eminent social scientists and representatives of women
                  welfare organizations. We hope that this power will be
                  exercised so as to include those persons who can genuinely
                  spare some time for implementation of the Act.
G
             2.   The CSB shall review and monitor the implementation of the
                  Act. [Re. Section 16(ii)].

             3.   The CSB shall issue directions to all State/UT. Appropriate
H                 Authorities to furnish quarterly returns to the CSB giving a
CENTRE FOR ENQUIRY INTO HEALTH AND ALLIED THEMES (CEHAT) v. U.0.1. [SHAH,!.] 599

           report on the implementation and working of the Act. A
           These returns should inter alia contain specific information
           about :

           (i)   Survey of bodies specified in section 3 of the Act.

           (ii) Registration of bodies specified in section 3 of the Act.          B
           (iii) Action taken against non-registered bodies operating in
                 violation of section 3 of the Act, inclusive of search and
                 seizure of records.

           (iv) Complaints received by the Appropriate Authorities
                                                                                   c
                under the Act and action taken pursuant thereto.

           (v) Number and nature of awareness campaigns conducted
               and results flowing therefrom.
                                                                                   D
     4.    The CSB shall examine the necessity to amend the Act
           keeping in mind emerging technologies and difficulties
           encountered in implementation of the Act and to make
           recommendations to the Central Government. [Re. Section
           16]
                                                                                   E
     5.    The CSB shall lay down a code of conduct under section
           l 6(iv) of the Act to be observed by persons working in
           bodies specified therein and to ensure its publication so that
           public at large can know about it.
                                                                                   F
     6.    The CSB will require medical professional bodies/associations
           to create awareness against the practice of pre-natal
           determination of sex and female foeticide and to ensure
           implementation of the Act.

 III. Directions to State Governments/UT Administrations                           G
     1.    All State Governments/UT Administrations are directed to
           appoint by notification, fully empowered Appropriate
           Authorities at district and sub-district levels and also Advisory
           Committees to aid and advise the Appropriate Authority in H
    600                    SUPREME COURT REPORTS (2003] SUPP. 3 S.C.R.

A                   discharge of its functions (Re. Section 17(5)]. For the
                    Advisory Committee also, it is hoped that members of the
                    said Committee as provided under section 17(6)(d) should
                    be such persons who can devote some time for the work
                    assigned to them.
B            2.     All State Governments/UT Administrations are directed to
                    publish a list of the Appropriate Authorities in the print and
                    electronic media in its respective State/UT.

             3.     All State Governments/UT Administrations are directed to
C                   create public awareness against the practice of pre-natal
                    determination of sex and female foeticide through
                    advertisement in the print and electronic media by hoarding
                    and other appropriate means.

             4.     All State Governments/UT Administrations are directed to
D                   ensure that all State/UT appropriate Authorities furnish
                    quarterly returns to the CSB giving a report on the
                    implementation and working of the Act. These returns
                    should inter alia contain specific information about :

E            (i)    Survey of bodies specified in section 3 of the Act.

             (ii)   Registration of bodies specified in section 3 of the Act.

             (iii) Action taken against non-registered bodies operating in
                   violation of section 3 of the Act, inclusive of search and
F                  seizure of records.

             (iv) Complaints received by the Appropriate Authorities under
                  the Act and action taken pursuant thereto.

             (v)    Number and nature of awareness campaigns conducted and
G                   results flowing therefrom.

          IV. Directions to Appropriate Authorities

             I.     Appropriate Authorities are directed to take prompt action
H                   against any person or body who issues or causes to be issued
   CENTRE FOR ENQUIRY INTO HEALTH AND ALLIED THEMES (CEHAT) v. U.0.1. [SHAH, J.) 60 J

               any advertisement in violation of section 22 of the Act.                 A
        2.     Appropriate Authorities are directed to take prompt action
               against all bodies specified in section 3 of the Act as also
               against persons who are operating without a valid certificate
               of registration under the Act.
                                                                                        B
         3.    All State/lJT Appropriate Authorities are directed to furnish
               quarterly returns to the CSB giving a report on the
               implementation and working of the Act. These returns
               should· inter alia contain specific information about: -

               (i)   Survey of bodies specified in section 3 of the Act.
                                                                                        c
               (ii) Registration of bodies specified in section 3 of the Act
                    including bodies using ultrasound machines.

               (iii) Action taken against non-registered bodies operating in D
                     violation of section 3 of the Act, inclusive of search and
                     seizure of records.

               (iv) Complaints received by the Appropriate Authorities
                    under the Act and action taken pursuant thereto.                    E
               (v) Number and nature of awareness campaigns conducted
                   and results flowing therefrom.

               The CSB and the St~te Governments/Union Territories are
        directed to report to this Court on or before 30th July 200 I. List F
        the matter on 6.8.2001 for further directions at the bottom of the
        list."

      B] Inspite of the above order, certain States/UTs did not file their
affidavits. Matter was adjourned from time to time and on 19th September, G
200 I, following order was passed :

              "Heard the learned counsel for the parties and considered the
        affidavits filed on behalf of various States. From the said
        affidavits, it appears that the directions issued by this Court are
                                                                                        H
    602                SUPREME COURT REPORTS [2003] SUPP. 3 S.C.R.

A         not complied with.

          I. At the outset, we may state that there is total slackness by
          the Administration in implementing the Act. Some learned
          counsel pointed out that even though the Genetic Counselling
          Centre, Genetic Laboratories or Genetic Clinics are not registered,
B         no action is taken as provided under Section 23 of the Act, but
          only a warning is issued. In our view, those Centres which are
          not registered are required to be prosecuted by the Authorities
          under the provisions of the Act and there is no question of issue
          of warning and to permit them to continue their illegal activities.
c
               It is to be stated that the Appropriate Authorities or any
          officer of the Central or the State Government authorised in this
          behalf is required to file complaint under Section 28 of the Act
          for prosecuting the offenders.
D
               Further wherever at District Level, appropriate authorities
          are appointed, they must carry out the necessary survey of Clinics
          and take appropriate action in case of non-registration or non-
          compliance of the statutory provisions including the Rules.
          Appropriate authorities are not only empowered to take criminal
E
          action, but to search and seize documents, records, objects etc.
          of unregistered bodies under Section 30 of the Act.

          2. It has been pointed out that the States/Union Territories have
          not submitted quarterly returns to the Central Supervisory Board
F         on implementation of the Pre-Natal Diagnostic Techniques
          (Regulation and Prevention of Misuse) Act, 1994 (hereinafter
          referred to as "the Act"). Hence it is directed that the quarterly
          returns to Central Supervisory Board should be submitted giving
          the following information :
G
               (a)    Survey of Centres, Laboratories/Clinics,

                (b)   Registration of these bodies,
                                                                                ....•
                (c)   Action taken against unregistered bodies,
H
         CENTRE FOR ENQUIRY INTO HEALTH AND ALLIED THEMES (CEHAT) v. U.0.1. (SHAH,!.] 603

                    (d) Search and Seizure,                                                 A
                    (e)   Number of awareness campaigns, and

                    (f)   Results of campaigns"

            C] On 7th November, 2001, learned counsel forthe Union of India B
      stated that the Central Government has decided to take concrete steps for
      the implementation of the Act and suggested to set up National Inspection
      and Monitoring Committee for the implementation of the Act. It was
      ordered accordingly.

           D] On I Ith December, 200 I, it was pointed out that certain State C
      Governments have not disclosed the names of the members of the Advisory
      Committee. Consequently, the State Governments were directed to publish
      the names of advisory committee in various districts so that if there is
      any complaint, any citizen can approach them. The Court further observed
      ~s:                                                                                   D
                    "For implementation of the Act and the rules, it appears that
              it would be desirable ifthe Central Government frames appropriate
              rules with regard to sale of ultrasound machines to various clinics
              and issue directions not to sell machines to unregistered clinics. E
              Learned counsel Mr. Mahajan appearing for Union of India
_.,           submitted that appropriate action would be taken in this direction
              as early as possible."

           E]       On March 31, 2003, it was pointed out that in conformity
      with the various directions issued by this Court, the Act has been amended F
      and titled as "The Pre-conception and Pre-natal Diagnostic Techniques
      (Prohibition of Sex Selection) Act". It was submitted that people are
      not aware of the new amendment and, therefore, following reliefs were
      sought :

              a)    direct the Union of India, State Governments I UTs and the G
                    authorities constituted under the PNDT Act to prohibit sex
                    selection techniques and its advertisement throughout the
                    country;

              b)     direct that the appropriate authorities shall also include H



.
    604               SUPREME COURT REPORTS [2003] SUPP. 3 S.C.R.

A              "vehicles" with ultra sound machines etc., in their quarterly
               reports hereinafter as defined under Section 2(d);

          c)   any person or institution selling Ultra Sound machine should
               provide infonnation to the appropriate State Authority in
               furtherance of Section 3-B of the Amended Act;
B
          d)   direct that State Supervisory Boards be constituted in
               accordance with the amended Section l 6A in order to carry
               out the functions enumerated therein;

c         e)   direct appropriate authorities to initiate suo moto legal
               action under the amended Section I 7(iv)(e);

          t)   direct that the Central Supervisory Board shall publish half
               yearly consolidated reports based on the quarterly reports
               obtained from the State bodies. These reports should
D              specifically contain infonnation on:

               I.   Survey of bodies and the number of bodies registered.

               2.   Functioning of the regulatory bodies providing the
                    number and dates of meetings held.
E
               3.   Action taken against non-registered bodies inclusive of
                    search and seizure of records.

               4.   Complaints received and action taken pursuant thereto.
F
               5.   Nature and number of awareness programmes.

               6.   Direct that the Central Supervisory Board shall carry
                    out all the additional functions as given under the
                    amended Section 16 of the Act, in particular, to oversee
G                   the perfonnance of various bodies constituted under
                    the Act and take appropriate steps to ensure its proper




                                                                               -
                    and effective implementation.

              As against this, Mr. Mahajan learned counsel appearing for
H         the Union of India submits that on the basis of the aforesaid



                                                                               •
   CENTRE FOR ENQUIRY INTO HEALTH AND ALLIED THEMES (CEHAT) v. U.O.l. [SHAH, J.] 605

        amendment, appropriate action has already been taken by Union A
        of India for implementation and almost all State Governments/
        UTs are informed to implement the said Act and the Rules and
        the State Governments/UTs are directed to submit their quarterly
        report to the Central Supervisory Board.

              Considering the amendment in the Act, in our view, it is the
                                                                                       B
         duty of the Union Government as well as the State Governments/
         UTs to implement the same as early as possible."

      F] At the time of hearing, learned counsel for the pet1t10ners
submitted that appropriate directions including the steps which are required C
to be taken on the basis of PNDT Act and the suggestion as given in the
written submission be issued.

     On this aspect, learned counsel for the parties were heard.

     In view of the various directions issued by this Court, as quoted
                                                                                       D
above, no further directions are required except that the directions issued
by this Court on 4th May, 2001, 7th November, 2001, !Ith December,
2001 and 3 lst March, 2003 should be complied with. The Central
Government/State Governments/UTs are further directed that :
                                                                                       E
         (a)    For effective implementation of the Act, information should
                be published by way of advertisements as well as on
                electronic media. This process should be continued till there
                is awareness in public that there should not be any
                discrimination between male and female child.                 F
         (b)    Quarterly reports by the appropriate authority, which are
                submitted to the Supervisory Board should be consolidated
                and published annually for information of the public at large.

         ( c)   Appropriate authorities shall maintain the records of all the G
                meetings of the Advisory Committees.

         (d)    The National Monitoring and Inspection Committee
                constituted by the Central Government for conducting periodic
                inspection shall continue to function till the Act is effectively H
    606                   SUPREME COURT REPORTS [2003] SUPP. 3 S.C.R.

A                  implemented. The reports of this Committee be placed
                   before the Central Supervisory Board and State Supervisory
                   Board for any further action.

             (e)   As provided under Rule 17(3), public would have access to
                   the records maintained by different bodies constituted under
B                  the Act.

             (t)   Central Supervisory Board would ensure that the following
                   States appoint the State Supervisory Board as per the
                   requirement of Section 16A.
c
                   I.   Delhi         2.   Himachal Pradesh 3. Tamil Nadu
                   4.   Tripura       5.   Uttar Pradesh.

             (g)   As per requirement of Section 17(3)(a), the Central
                   Supervisory Board would ensure that the following States
D                  appoint the multi-member appropriate authorities:

                   I.   Jharkhand  2.      Maharashtra         3.    Tripura
                   4.   Tamil Nadu 5.      Uttar Pradesh

E         It will be open to the parties to approach this Court in case of any
    difficulty in implementing the aforesaid directions.

          The Writ Petition is disposed of accordingly.

          In view of the aforesaid order, pending "IAs have become infructuous
F and are disposed of accordingly.
    v.s.s.                                                 Petition disposed of.


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