Holding

The PC‑PNDT Act must be strictly implemented to protect the constitutional right of the female child, but the petitioners' prayers to amend or read down its provisions are not maintainable; the Court therefore issued implementation directions and dismissed the second petition.

Summary

The Supreme Court heard two writ petitions challenging the implementation of the Pre‑conception and Pre‑natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and its Rules. The petitioners sought directions for stricter enforcement, a centralised civil‑registration database, training of officials, and also prayed to read down or add exceptions to several provisions of the Act. The Court held that the Act embodies a constitutional mandate to protect the right of a female child to equality and that female foeticide remains a grave social disease requiring robust implementation, but it refused to alter or read down any statutory provision. Consequently, the Court issued a comprehensive set of implementation directions, including database creation, regular meetings of supervisory boards, fast‑track courts, and awareness campaigns. The second petition seeking amendment of the Act’s provisions was dismissed as an abuse of process, and the Court affirmed that any grievance can be pursued through appropriate legal remedies.

Issues considered

The adequacy of implementation of the PC‑PNDT Act and Rules to curb female foeticide.
Whether the provisions of the PC‑PNDT Act can be read down, amended or have exceptions added as prayed for.
The constitutional right of a female child to equality under Articles 14, 15 and 21 of the Constitution.
Whether the courts can issue directions for creation of a centralised civil‑registration database and other supervisory mechanisms.
The scope of powers of the Appropriate Authority under Sections 17 and 17A of the Act.
The remedy available when there is alleged abuse of the process of law.

Legislation cited

Code of Criminal Procedure
Constitution of Indias. Article 14, s. Article 15, s. Article 21, s. Article 32
Pre‑conception and Pre‑natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994s. 16, s. 17, s. 20, s. 22, s. 23, s. 25, s. 27, s. 3, s. 30, s. 3-A, s. 4, s. 5, s. 6, s. 7
Pre‑conception and Pre‑natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996s. 10, s. 18A, s. 6, s. 9(1)

Subjects

female foeticidesex ratioPC‑PNDT Actconstitutional equalityimplementation directionscentralised databaseawareness campaignabuse of processlegal remedy

Judgment

[2016] 8 S.C.R. 192

A VOLUNTARY HEALTH ASSOCIATION OF PUNJAB
Y.

UNION OF INDIA AND OTHERS
(Writ Petition (Civil) No. 349 of2006)
B NOVEMBER 08, 2016
[DIPAK MISRA AND SHIVA Km.TI SINGH, JJ.]
Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 199./ - Pre-Conception and
Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)
c Rules, 1996 - Proper i111ple111entation of the Act and the Rules-
Sought by filing writ petition u/Art. 32 of the Constitution - Supre111e
Court by its order dated ./.3.2017 issued certain directions and
fi1rther directed the States to file their respective status reports -
From time to time also issued directions - Held: Despite the Scheme
D of the Act and purpose of the various provisions and also the Rules
framed under the Act, the dropping of sex ratio still remains a social
ajjliction and a disease - Therefore. in addition to the directions
issued earlie1; certai11 direc1io11s issued.
Pre-Co11ception a11d Pre-Natal diagnostic Techniques
E (Prohibitio11 of Sex Seleclion) Act, 199./ - ss. 3-A, ./, 5, 6, 7, 16, 17,
20, 23, 25, 27 and 30 - Pre-Conception and Pre-Natal Diagnostic
Techniques (Prohibilion <~l Sex Selection) Rules, 1996 - rr. 9(./), JO
and Fomt "F" - Misuse and 11'1'011g illfe11Jretation of the provisions,
hy a11t/1orilies concerned - Alleged hy Indian Afedical Associalion
in ils petilio11 u!Art. 32 of the Co11slitutio11 - Prayed j(Jr jiwning
F
appropriate guidelines and safeguard parameters, providing for
classification of offences, so as to prohibit misuse of the Act - Also
prayed/or adding certain provisos/exceptions toss. 7, 17, 23 and
1: 9 - Held: -Averments of present nature with such prayers are not
entertainable - Whenever there is abuse of process of law, the
G individual is .fi·ee to avail the legal remedy.
Crime Against Women - Female child foeticide - Held: When
a female foetus is destroyed through artificial means ll'hich is legally
impermissible, the dignity oflife of woman to be born, is extinguished.
Comtitution of India - Right to equality - A female child is
H
192
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION J 93
OF INDIA

entitled to enjoy equal right that a male child is allowed to have - A
The perception of any individual or group or organization or system
treating a woman with inequity, indignity, inequality or any kind of
discrimination is constitutionally impermissible.
Disposing of the Writ Petition (Civil) No. 349 of 2006 and
dismissing Writ Petition (Civil) No. 575 of 2014, the Court B
HELD:
Writ Petition (Civil) No. 349 of 2006:
1.1 A female child is entitled to enjoy equal right that a
male child is allowed to have. The constitutional identity of a female c
child cannot be mortgaged to any kind of social or other conce11t
that has developed or is thought of. It docs not allow any room
for any kind of compromise. It only permits affirmative steps that
arc constitutionally postulated. When rights arc conferred by the
Constitution, it has to be understood that such rights are
recognised regard being had to their naturalness and D
universalism. No one, endows any right to a female child or, for
that matter, to a woman. The q ucstion of any kind of
condescension or patronization does not arise. [Para 28)[216-E-
l<' I
1.2 The perception of any individual or group or organization E
or system treating a woman with inequity, indignity, inequality m·
any kind of discrimination is constitutionally impermissible. The
historical perception has to be given a prompt burial. Female
foeticide is conceived by the society that definitely includes the
parents because of unethical perception of life nnd nonchalant F
attitude towards law. The society that treats man and woman with
cq ual dignity shows the reflections of a progressive nnd civilized
society. To think that a woman should think what a man or a society
wants her to think, tantamounts to slaughtering her choice, and
definitely a humiliating act. When freedom of free choice is
allowed within constitutional and statutory parameters, others G
cannot determine the norms as that would amount to acting in
derogation of law. Decrease in the sex ratio is a sign of colossal
calamity and it cannot be allowed to happen. Concrete steps have
to be taken to increase the same so that invited social disasters
do not befall on the society. The present generation is expected
1-1
194 SUPREME COURT REPORTS (2016) 8 S.C.R.

A to be responsible to the posterity and not to take such steps to
sterilize the birth rate in violation of law. The societal perception
has to be metamorphosed having respect to legal postulates. [Para
34][221-E-H]
1.3 When a female foetus is destroyed through artificial
B means which is legally impermissible, the dignity of life of a
woman to be born is extinguished. It corrodes the human values.
The Legislature has brought a complete code and it subserves
the constitutional purpose. [Para 29][216-G]
1.4 Despite the scheme of the Act and the purpose of the
c various provisions and also the Rules framed under the Act, the
dropping of sex ratio still remains a social affliction and a disease.
[Para 32)[219-C-D]
1.5 It would be appropriate to issue the following directions
in addition to the directions issued in the earlier order:-
D (a) All the States and the Union Territories in India shall
maintain a centralized database of civil registration records from .
all registration units.
(b) The information that shall be displayed on the website
shall contain the birth information for each District, Municipality,
E Corporation or Gram Panchayat so that a visual comparison of
boys and girls born can be immediately seen.
(c) The statutory authorities if not constituted, as envisaged
under the Act, shall be constituted forthwith and the competent
anthorities shall take steps for the reconstitution of the statutory
F bodies so that they can become immediately functional after expiry
of the term. That apart, they shall meet regularly so that the
provisions of the Act can be implemented in reality and the
effectiveness of the legislation is felt and realized in the society.
(d) The provisions contained in Sections 22 and 23 shall be
G strictly adhered to. Section 23(2) shall be duly complied with and
it shall be reported by the authorities so that the State Medical
Council takes necessary action after the intimation is given under
the said provision. The Appropriate Authorities who have been
appointed under Sections 17(1) and 17(2) shall be imparted
periodical training to carry out the functions as required under
H
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 195
OF INDIA

various provisions of the Act. A
(e) If there has been violation of any of the provisions of
the Act or the Rules, proper action has to be taken by the
authorities under the Act so that the legally inapposite acts are
immediately curbed.
(t) The Courts which deal with the complaints under the B
Act shall be fast tracked and the concerned High Courts shall
issue appropriate directions in that regard.
(g) The judicial officers who are to deal with these cases
under the Act shall be periodically ir.1parted training in the Judicial
Academies or Training Institutes, as the case may be, so that C
they can be sensitive and develop the requisite sensitivity as
projected in the objects and reasons of the Act and its various
provisions and in view of the need of the society.
(h) The Director of Prosecution or, if the said post is not
there, the Legal Remembrancer or the Law Secretary shall take D
stock of things with regard to the lodging of prosecution so that
the purpose of the Act is subservcd.
(i) The Courts that deal with the complaints under the Act
shall deal with the matters in promptitude and submit the
quarterly report to the High Courts through the concerned E
Sessions and District Judge.
(j) The Chief Justices of each of the High Courts are
requested to constitute a Committee of three Judges that can
periodically oversee the progress of the cases.
F
(k) The awareness campaigns with regard to the provisions
of the Act as well as the social awareness shall be undertaken as
per the direction No 9.8 in the order dated March 4, 2013 passed
in *Vo/1111/(lry Health Associatio11 of Punjab case.
(I) The State Legal Services Authorities of the States shall
give emphasis on this campaign during the spread of legal aid G
and involve the para-legal volunteers.
(m) The Union of India and the States shall sec to it that
appropriate directions are issued to the authorities of All India
Radio and Doordarshan functioning in various States to give wide
H
196 SUPREME COURT REPORTS [2016] 8 S.C.R.

.A publicity pertaining to the saving of the girl child and the grave
dangers the society shall face because of female foeticide.
(n) All the appropriate authorities including the States and
districts notified under the Act shall submit quarterly progress
report to the Government of India through the State Government
B and maintain Form II for keeping the information of all
registrations readily available as per sub-rule 6 of Rule 18A of
the Rules.
(o) The States and Union Territories shall implement the
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition
c of Sex Selection) (Six Months Training) Rules, 2014 forthwith
considering that the training provided therein is imperative for
realising the objects and purpose of this Act.
(p) As the Union of India and some States framed incentive
schemes for the girl child, the States that have not framed such
o schemes, may introduce such schemes. [Para 33)(219-C-II; 220-
A-H; 221-A-DJ
Ajit Savant Majagvai v. State of Karnataka (1997)
7 SCC 110 : 1997 (3) Suppl. SCR 444; Centre for
Enquiry into Health & Allied Themes (CEHAT) and Ors.
E v. Union of India and Ors. (2001) 5 SCC 577 : 2001
(3) SCR 534; Center for EnquilJ' into Health & Allied
Themes (CEHAT) and Ors. i: Union lif India and Ors.
(2003) 8 SCC 398 : 2003 (3) Suppl. SCR 593; Volumary
Health Association of Punjab v. Union of India and
Ors. (2013) 4 SCC 1 : 2013 (5) SCR 111 - referred to.
F

Writ Petition (Civil) No. 575 of 2014:
2. Whenever there is an abuse of the process of the law,
the individual can always avail the legal remedy. Neither the
G validity of the Act nor the Rules has been specifically assailed in
the writ petition. What has been prayed is to read out certain
provisions and to acid certain exceptions. The averments of the
present nature with such prayers cannot be entertained. [Para
36)(223-A-B]
H
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 197
OF INDIA

Case Law Reference A
1997 (3) Suppl. SCR 444 referred to Para4
2001 (3) SCR S34 referred to Paras
2003 (3) Suppl. SCR S93 refcned to Paras
2013 (S) SCR 111 referred to Paras B
CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 349
of2006.
Under Article 32 of the Constitution of India
WITH c
W. P. (C) No. 575 of 2014.
N.K. Kaul, ASG., Colin Gonsalves, Sr. Adv., Ranjit Rao, Dinesh
Chander Yadav, Suryanarayana Singh, Ajay Bansal, Mahaling Pandarge,
AAGs., Ms. Sodhika Sharma, Ms. Jyoti Mendiratta, Smarhar Singh,
Shantanu Sagar, Ms. Ruchi Kohli, Kapil Joshi, Arun S. Bhati, Ms. Manju D
Jetley, S. Wasim A. Qadri, Ms. Binu Tamta, Ms. Sunita Shanna, S.S.
Rawat, Ms. Chanan Parwani, Bhuvan Mishra, Ajay Sharma, Zaid Ali,
Shadman Ali, Raj iv Singh, D.S. Mahra, A.P. Mayee, Pawan Shri Agarwal,
A. Selvin Raja, Abhisth Kumar, Ms. Archana Singh, Ravi Prakash
Mehrotra, Anil Kumar Jlia, R.K. Ojha, Anil Shrivastav, Rituraj Biswas, E
Gopal Singh, Ms. Varsha Poddar, Anip Sachthey, Arun K. Sinha, Arv ind
Kumar Sharma, Sapam Biswajit Meitei, B. Khushbonsi, Z.H. Isaac
Haiding, Ashok Kumar Singh, Avijit Bhattacha1jee, Mrs. K. Enatoli Sema,
Edward Belho, Amit Kumar Singh, Balaji Srinivasan, B. Balaji, Santhosh
Kumar, B.S. Banthia, D. Mahesh Babu, Gaurav Kejriwal, Gopal Singh,
Chandan Kumar, Jatinder Kumar Bhatia, AtifSuhrawardy, Ms. Rachana F
Srivastava, Jay Kishor Singh, Milind Kumar, P.N. Gupta, P.V. Dinesh,
T.L.V. Ramachari, K.V.L. Raghavan, Hitesh Kumar Sharma, Pragyan
Pradeep Sha1111a, Shikhar Garg, P.V. Yogeswaran, Ranjan Mukherjee,
Subhro Sanyal, A.S. Rishi, Dr. Sukhdev Sharma, Sanjay Kumar Visen,
Mrs. B. Sunita Rao, Shibashish Misra, Shriram P. Pingle, T. Harish Kumar, G
T.V. George, V.G. Pragasam, Prabu Ramasubramanian, V. N.
Raghupathy, Sanjay Parikh, Ms. Ninni Susan Thomas, Ms. Marnia
Saxena, Ms. Anitha Shenoy, Ms. C.K. Sucharita, Ms. Vartika Sahay
(for Mis Corporate Law Group Andaman & Nicobar), K.V. Jagdishvaran,
Ms. G. Indira, Anurag Kashyap, Ms. Hemantika Wahi, Ms. Jesal Wahi,
H
198 SUPREME COURT REPORTS [2016] 8 S.C.R.

A Ms. Kamini Jaiswal, Ms. Pragati Neekhra, S.S. Shamshery,Amit Sharma,
Ms. Sushma Suri, Merusagar Samantaray, Gaurav Sharma, Prateek
Bhatia, V. Gaur, G.M. Kawoosa, Sunil Fernandes, Gaurav Yadava, Kuldip
Singh, Ram Naresh Yadav, S. Udaya Kumar Sagar, Krishna Kumar
Singh, Nishant Katneshwarkar, Ravi Prakash, Ms. Rimali Batra, Chandra
Prakash, Joydeep Mazumdar, Parijat Sinha, Ms. Reshmi Rea Sinha, Rohit
B
Dutta, Mishra Saurabh, Ankit Kumar Lal, Ramesh Babu, Anupam Lal
Das, Sahil Monga, Guntur Prabhakar, Ms. Prerna Singh, Ms. Aruna
Mathur, Avneesh Arputham, Ms. AnuradhaArputham, Yusuf Khan (For
Arputham Aruna & Co.), M~. A. Subhashini, Rajesh Srivastava,
Aruneshwar Gupta, Ms. Parul Bose, Advs. for the appearing parties.
c The Judgment of the Court was delivered by
DIPAK MISRA, J. I. The two writ petitions being inter-
connected in certain aspects were heard together and are disposed of
by the singular order. We shall first deal with the grievance agitated in
Writ Petition (Civil) No. 349 of2006 and thereafter advert to what has
D been asserted in the other writ petition. Be it stated immediately that the
issues raised in Writ Petition (Civil) No. 349 of2006 are not agitated for
the first time, for they had been raised on earlier occasions and dealt
with serious concern and solemn sincerity. It is because they relate to
the very core of existence of a civilized society, pertain to the progress
E of the human race, and expose the maladroit efforts to throttle the right
of a Iife to feel the mother earth and smell its fragrance. And, if we
allow ourselves to say, the issues have been highlighted with sincere
rhetorics and balanced hyperboles and ring the alarm of destruction of
humanity in the long run. It is not a group prophecy, but a significant
collective predication. The involvement of all is obvious, and it has to
F be. The heart of the issue that is zealously projected by the petitioner is
the increase of female foeticide, resultant imbalance of sex ratio and the
indifference in the implementation of the stringent law that is in force. In
essence, the fulcrum of the anguished grievance lays stress on the non-
implementation of the provisions of The Pre-conception and Pre-natal
G Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for
brevity "the Act") and The Pre-conception and Pre-natal Diagnostic
Techniques (Prohibition of Sex Selection) Rules, 1996 (for short "the
Rules") framed under the Act by the competent authorities who are
obliged to do so.

H
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 199
OF INDIA [DIPAK MISRA, J.]

2. The grievance has a narrative, and it needs to be stated. A
3. Realising the rise of pre-natal diagnostic centres in urban areas
of the country using pre-natal diagnostic techniques for detennination of
sex of the foetus and that the said centres had become very popular and
had tremendous growth, as the female child is not welcomed with open
arms in many Indian families and the consequence that such centres B
became centres for female foeticide which affected the dignity and status
of women, the Parliament brought in the legislation to regulate the use of
such techniques and to provide punishment for such inhuman act. The
objects and reasons of the Act stated unequivocally that it was meant to
prohibit the misuse of pre-natal diagnostic techniques for determination
of sex of the foetus, leading to female foeticide; to prohibit advertisement
c
of pre-natal diagnostic techniques for detection or determination of sex;
to permit and regulate the use of pre-natal diagnostic techniques for the
purpose of detection of specific genetic abnormalities or disorders; to
permit the use of such techniques only under certain conditions by the
registered institutions; and to punish for violation of the provisions of the D
proposed legislation. The Preamble of the Act provides for the prohibition
of sex selection before or after conception, and for regulation of pre-
natal diagnostic techniques for the purposes of detecting genetic
abnormalities or metabolic disorders or chromosomal abnormalities or
certain congenital malformations or sex-linked disorders and for the
prevention of their misuse for sex detennination leading to female foeticide E
and for matters connected therewith or incidental thereto. Be it noted
when the Act came into force, it was named as the Pre-natal Diagnostic
Techniques (Regulation and Prevention of Misuse) Act, 1994 and after
the amendments in 2001 and 2003, in the present incarnation, it is called
The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition F
of Sex Selection) Act, 1994.
4. As the violence and cruelty meted out to women gradually got
revealed due to rights and protections prescribed under various legislations,
the Court perceived the magnitude of the crime. Such a situation
compel Jed this Court, in Ajit S"vant Majagvai v. State ofKarnataka 1
,
G
while dealing with the physical violence, torture, mental cruelty and murder
of the female particularly the wife, to comment on the degeneration of
relationship and the prevalent atmosphere by observing that:-
"3. Social thinkers, philosophers, dramatists, poets and
1
<1997) 1 sec 110 H
200 SUPREME COURT REPORTS (2016] 8 S.C.R.

A writers have eulogised the female species of the human
race and have always used beautiful epithets to describe
her temperament and personality and have not deviated from
that path even while speaking of her odd behaviour, at times.
Even in sarcasm, they have not crossed the literary limit
and have adhered to a particular standard of nobility of
B
language. Even when a member of her own species,
Madame De Stael, remarked "I am glad that I am not a
man; for then I should have to marry a woman", there was
wit in it. When Shakespeare wrote, "Age cannot wither
her; nor custom stale, her infinite variety", there again was
c wit. Notwithstanding that these writers have cried hoarse
for respect for "woman", notwithstanding that Schiller said
"Honour women! They entwine and weave heavenly roses
in our eat1hly life" and notwithstanding that the Mahabharata
mentioned her as the source of salvation, crime against
"woman" continues to rise and has, today undoubtedly, risen
D
to alarming prop011ions.
4. It is unfortunate that in an age where people are described
as civilised, crime against "female" is committed even when
the child is in the womb as the "female" foetus is often
destroyed to prevent the birth ofa female child. If that child
E comes into existence, she starts her Iife as a daughter, then
becomes a wife and in due course, a mother. She rocks the
cradle to rear up her infant, bestows all her love on the
child and as the child grows in age, she gives to the child all
that she has in her own personality. She shapes the destiny
F and character of the child. To be cruel to such a creature is
unthinkable."
fEmphasis addedl
5. We may repeat, the aforestated observation though made totally
in a different context but nonetheless, it seemly stated the marrow of the
G problem. Needless to emphasise, the predicament with regard to female
foeticide by misuse of modern science and technology has aggravated
and enormously affected the sex ratio. To eradicate the malady, the
Parliament, as stated earlier, had enacted the Act. In the first year of
this century, a petition under Article 32 was moved for issuing directions
H to implement the provisions of the said Act by (a) appointing appropriate
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 201
OF INDIA [DIPAK MISRA, J.]

authorities at State and district levels and the Advisory Committees; (b) A
issuing direction to the Central Government to ensure that the Central
Supervisory Board meets every 6 months as provided under the PNDT
Act; and for banning of all advertisements of prenatal sex selection
including all other sex-determination techniques which can be abused to
selectively produce only boys either before or during pregnancy. A two-
B
J udge bench in Center for Enquiry into Ilea/111 & Allied Tltemes
(CEHAT) mu/ others v. Union of India and others: and Center for
Enquiry into Ilea/th & Allied Themes (CEIIAT) mu/ others v. Union
of India mu/ others; on 04.05.200 I issued ce11ain directions. Apa11
from the directions contained in the said orders, the Court, while finally
disposing of the writ petition, issued the following directions:- c
"(a) For effective implementation of the Act, information
should be published by way of adve11isements as well as
on electronic media. This process should be continued till
there is awareness in the public that there should not be
any discrimination between male and female child. D
(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 E
the meetings of the Advisory Committees.
(d) The National Inspection and Monitoring Committee
constituted by the Central Government for conducting
periodic inspection shall continue to function till the Act is
effectively implemented. The rep011s of this Committee be F
placed before the Central Supervisory Board and State
Supervisory Boards for any further action.
(c) As provided under Rule 17(3), the public would have
access to the records maintained by different bodies
constituted under the Act. G
(f) The Central Supervisory Board would ensure that the
following States appoint the State Supervisory Boards as
per the requirement of Section 16-A: I. Delhi, 2. Himachal
' (2001) s sec 577
' (2003) s sec 398 H
202 SUPREME COURT REPORTS [2016] 8 S.C.R.

A Pradesh, 3. Tamil Nadu, 4. Tripura, and 5. Uttar Pradesh.

(g)As per the requirement of Section I 7(3)(a), the Central
Supervisory Board would ensure that the following States
appoint the multi-member appropriate authorities: I.
B Jharkhand, 2. Maharashtra, 3. Tripura, 4. Tamil Nadu, and
5. Uttar Pradesh. It will be open to the pa1ties to approach
this Court in case of any difficulty in implementing the
aforesaid directions''.
6. Despite the directions issued by the Cou1t, there had not been
C proper implementation and that compelled the present petitioner, namely,
Voluntary Health Association of Punjab to file the present Writ Petition
seeking various directions. The Court on 08.01.2013 took note of the
fact that the provisions had not been adequately implemented by the
various States and Union Territories and accordingly directed for personal
D appearance of the Health Secretaries of the States of Punjab, Haryana,
NCT of Delhi, Rajasthan, Uttar Pradesh, Bihar and Maharashtra, to
examine what steps they had taken for the proper and effective
implementation of the provisions of the Act as well as the various
directions issued by this Cou1t.
E 7. At a later stage, a reference was made to 2011 Census of India
to highlight there had been a sharp decline in the female sex ratio in
many States. It was also observed that there had been no effective
supervision or follow-up action so as to achieve the object and purpose
of the Act. It was observed that mushrooming of various sonography
centres, genetic clinics, genetic counselling centres, genetic laboratories,
F ultrasonic clinics, imaging centres in almost all parts of the country called
for more vigi I and attention by the authorities under the Act. The Court
also found that their functioning was not being properly monitored or
supervised by the authorities under the Act or to find out whether they
are misusing the pre-natal diagnostic techniques for determination of
G sex of foetus leading to foeticide.
8. A reference was made to various facets of the Act and the
Rules and ultimately the Court in Voluntary Health Association of
Punjab v. Union ofIndia mu/ others' issued the following directions:-

'(2013) 4 sec 1
H
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 203
OF INDIA [DIPAK MISRA, J.]

"9.1. The Central Supervisory Board and the State and A
Union Territories Supervisory Boards, constituted under
Sections 7 and 16-A 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.
B
9 .2. The State Adviso1y Committees and District Advisory
Committees should gather infonnation 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. c
9.3. The committees mentioned above should repo11 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 D
practice.
9 .4. The authorities should ensure also that all genetic
counselling centres, genetic laboratories and genetic clinics,
infertility clinics, scan centres, etc. using pre-conception
and pre-natal diagnostic techniques and procedures should E
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 district authorities concerned, in
accordance with Rule 9(8) of the Rules.
9.5. States and District Advisory Boards should ensure that F
all manufacturers and sellers ofultrasonography machines
do not sell any machine to any unregistered centre, as
provided under Rule 3-A and disclose, on a qua11erly basis,
to the State/Union Territory concerned and the Central
Government, a list of persons to whom the machines have G
been sold, in accordance with Rule 3-A(2) of the Rules.
9.6. There will be a direction to all genetic counselling
centres, genetic laboratories, clinics, etc. to maintain Forms
A, E, Hand other statutory forms provided under the Rules
and if these forms are not properly maintained, appropriate
H
204 SUPREME COURT REPORTS [2016] 8 S.C.R.

A action should be taken by the authorities concerned.
9.7. Steps should also be taken by the State Government
and the authorities under the Act for mapping ofall registered
and unregistered ultrasonography clinics, in three months'
time.
B 9.8. 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.
c 9.9. Special cell be constituted by the State Governments
and the Union Territories to monitor the progress of various
cases pending in the cou1ts under the Act and take steps
for their early disposal.
9.10. The authorities concerned should take steps to seize
D the machines which have been used illegally and contrary
to the provisions of the Act and the Ru Ies 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.
E 9.11. The various courts in this country should take steps to
dispose of all pending cases under the Act. within a period
of six months. Communicate this order to the Registrars of
various 1-1 igh Courts, who wi II take appropriate fol low-up
action with due intimation to the cotuts concerned."
F A further direction was given to file the Status Report within a
period of three months. It is apt to note here that in the concurring op in ion
Dipak Misra, J. only highlighted certain aspects that pertained to direction
contained in paragraph 9.8.
9. We may profitably reproduce certain passages from the
G concurring opinion:-
"14. Female foeticide has its roots in the social thinking
which is fundamentally based on certain erroneous notions,
egocentric traditions, perve1ted perception of societal norms
and obsession with ideas which are totally individualistic
H
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 205
OF INDIA [DIPAK MISRA, J .)

sans the collective good. All involved in female foeticide A
deliberately forget to realise that when the foetus of a girl
child is destroyed. a woman of the future is crucified. To
put it differently, the present generation invites the sufferings
on its own and also sows the seeds of suffering for the
future generation, as in the ultimate eventuate, the sex ratio
B
gets affected and leads to manifold social problems. I may
hasten to add that no awareness campaign can ever be
complete unless there is real focus on the prowess of women
and the need for women empowerment.
x x x x ·x
c
19. A woman has to be regarded as an equal partner in the
life of a man. It has to be borne in mind that she has also
the equal role in the society i.e. thinking, participating and
leadership.
x x x x x D
21. When a female foeticide takes place, every woman
who mothers the child must remember that she is killing
her own child despite being a mother. That is what abortion
would mean in social terms. Abortion of a female child in
its conceptual eventuality leads to killing of a woman. Law E
prohibits it; scriptures forbid it; philosophy condemns it; ethics
deprecate it, morality decries it and social science abhors
it. Henrik Ibsen emphasised on the individualism of woman.
John Milton treated her to be the best of all God's work. In
this context, it will be appropriate to quote a few lines from
Democracy in America by Alexis de Tocqueville: F
"If I were asked ... to what the singular prosperity and
growing strength of that people [Americans] ought mainly
to be attributed, I should reply: To the superiority of their
women."
G
x x x x x
32. A cosmetic awareness campaign would never subserve
the purpose. The authorities of the Government, the non-
governmental organisations and other volunteers are
required to remember that there has to be awareness camps
H
206 SUPREME COURT REPORTS [2016] 8 S.C.R.

A which are really effective. The people involved with the
same must take it up as a service, a crusade. They must
understand and accept that it is an art as well as a science
and not simple arithmetic. It cannot take the colour of a
routine speech. The awareness camps should not be
founded on the theory of Euclidian geometry. It must engulf
B
the concept of social vigilance with an analytical mind and
radiate into the marrows of the society. If awareness
campaigns are not appositely conducted, the needed
guidance for the people would be without meaning and things
shall fall apart and everyone would try to take shelter in
c cynical escapism.
33. It is difficult to precisely state how an awareness camp
is to be conducted. It will depend upon what kind and strata
of people are being addressed to. The persons involved in
such awareness campaign are required to equip themselves
D with constitutional concepts, culture, philosophy, religion,
scriptural commands and injunctions, the mandate of the
law as engrafted under the Act and above all the
development of modern science. It needs no special
emphasis to state that in awareness camps while the
deterrent facets oflaw are required to be accentuated upon,
E simultaneously the desirability of law to be followed with
spiritual obeisance, regard being had to the purpose of the
Act, has to be stressed upon. The seemly synchronisation
shall bring the required effect. That apart, documentary
films can be shown to highlight the need; and instil the idea
F in the mind of the public at large, for when the mind becomes
strong, mountains do melt.
34. The people involved in the awareness campaigns should
have boldness and courage. There should not be any iota
of confusion or perplexity in their thought or action. They
G should treat it as a problem and think that a problem has to
be understood in a proper manner to afford a solution. They
should bear in mind that they are required to change the
mindset of the people, the grammar of the society and
unacceptable beliefs inherent in the populace."

H I 0. As directed in the judgment, the matter was listed and certain
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 207
OF INDIA [DIPAK MISRA, J.]

clarifications were sought for by the Union of India with regard to the A
directions vide direction Nos. 2, 3, 4 and 6 pointing out thatthe authorities
mentioned in direction No. 2 should also include appropriate authority
under Section 17 and Section 17A of the Act. With regard to direction
No. 6, it was submitted that instead of Forms A, E and H, Forms A, D, F,
G & H be substituted. The said prayers were allowed and the States
B
were directed to file their respective status report.
11. On 16.9.2014 the Court took note of the directions already
issued and proceeded to deal with I.A. No. 11 of2013 and recorded the
submission of Mr. Sanjay Parikh, learned counsel that the Union of India
has to animate itself in an appropriate manner to see that the sex ratio is
maintained and does not reduce further. It was also urged by him that
c
the Central Supervision Committee which is required to meet to take
stock of the situation and the National Monitoring Committee who is
required to monitor the activities, had failed in their duties.
12. Mr. Parikh had also drawn the attention of the Court to the
proviso to Section 4(3) of the Act which reads as follows:- D

"4. Regulation of pre-natal diagnostic techniques.-On and
from the commencement of this Act,- ( 1) ... (2) ... (3)

Provided that the person conducting ultrasonography on a E
pregnant woman shal 1keep complete record thereof in the
clinic in such manner, as may be prescribed, irnd any
deficiency or inaccuracy found therein shall amount to
contravention of the provisions of section 5 and section 6
unless contrary is proved by the person conducting such
ultrasonography." F
13. It was propounded by him that the concerned authorities have
not acted in accordance with the aforesaid provision in all seriousness
as a result of which the nation has faced the disaster of female foeticide.
On that day, Mr. Colin Gonsalves, learned senior counsel appearing for
the writ petitioner had drawn our attention to the affidavit filed by the G
petitioner contending, inter a/ia, that the sex ratio in most of the States
had decreased and in certain States, there had been a minor increase,
but the same is not likely to subserve the aims and objects of the Act.
After referring to the history of this litigation which has been continuing
in this Court since long, he had submitted that certain directions are
H
208 SUPREME COURT REPORTS [2016] 8 S.C.R.

A required to be issued.
14. The Union of India was directed to file an affidavit of the
Additional Secretary of Health and/or any other concerned Additional
Secretary clearly stating what steps had been taken and on the basis of
the steps taken, what results have been achieved. It was also directed
B that all the States shall file their responses through the concerned Health
Secretaries. The direction further contained that the affidavits shall be
comprehensive and must reflect sincerity and responsibility.
15. On 25.11.2014 the Court noted that affidavits by certain States
had been filed and certain States, namely, Assam, Arunachal Pradesh,
c Bihar, Goa, Gujarat, Kerala, Madhya Pradesh, Meghalaya, Mizoram,
Odisha, Tripura, and UT of Daman and Nagar Haveli and Puducherry
had not filed the affidavits. Two weeks time was granted to file the
necessary affidavits. At that juncture, it was thought appropriate to
adve11 to the States by dividing them into certain clusters. Itwas decided
to deal with the situation pertaining to the States of Uttar Pradesh,
D Haryana and NCT of Delhi first. The affidavit filed by the State of
Uttar Pradesh was considered and in that context it was observed that
the census conducted in 2011 cannot be the guideline for the purposes of
PC-PNDT Act. It was felt that a different methodology was required to
be adopted by the State. Paragraph 28 of the affidavit, which is of
E significance, is extracted below:-
"28. That it is pertinent to mention herein that according to
"ANNUAL HEALTH SURVEY (AHS)" for the year
20 I 0-11, 2011-12 and 2012-13, improvement has been
revealed in the State in respect of Sex Ratio At Birth, Sex
F Ratio of Child (0 to 04 years age) and Sex Ratio in all age
group, which is clear with the table given below:
Yem of Sex Ratio Sex Ratio Sex Ratio
Annual (at birth) (0 to 4 ]'<~ms (In all ages)
H~alth Survey of
G 2010-11 904 913 9.\3
.:011-12 90S 914 944
2012-13 9~1 919 9.\6

It is necessary to mention here that on a query being made by the
Court, learned counsel for the State was not in a position to explain on
H
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 209
OF INDIA [DIPAK MISRA, J.]

what basis the said figures had been arrived at, for the same was not A
reflectible from the assertions made in the affidavit.
16. As far as the State of l-laryana is concerned, the cha1t given
in paragraph 15 of the affidavit indicated district-wise and month-wise
sex ratio of births during the year 2014. It is as follows:-
B
I "District wise and month wise Sex Ratio at Birth during year 2014 in Haryana State
1
as per CRS (Prov)
IIS r. District Up to Up to Up to Up to Up to Up to I
!No
I• Jan.14 Ftb.14 Mar Aptil ?vlav I June
I 14 !u 14 . I14 c
!i 1 Ambala 1012 993 959 939 913 i 910
ii Bhiwani 824 812 843 \ 848 846 i! 832
l""
!3 Faridabad 929 892 889 884 890 I s90
14 I Fatehabad 859 898 890 888 886 8i4 D
\5 I Gurgaon 829 856 851 i 854 855 I s39
/6 Hissar 892 872 883 SIS 885 ) 880
i7 Jhaiiar 797 793 793 801 800 i 811
/8 Jind 886 876 878 911 915 \ 899
/9 Kaithal 953 921 920 928 927 918 E
110
I
Kamal 911 899 888 881 889 894
111 Kurukshetra 956 904 900 892 890 888
!!p• Mewat 920 942 9'1
j. 923 920 919
) 13 Mohindergarh i77 776 797 786 782 770J
F
J 14 J Palwal 867 1871 871 I 871
i
Si6 815 .
ii 1'• I Panchk"11la 853 i 837 860 \ 914 902 i 914
/ 16 Panpat 924 931 915 904 903 I 895
'
J 17 Rewari 856 ! 850 849 822 816 I 806
j 18 Rohtak 894 884 865 I 863 859 ! 889 G
j 19 Sirsa 897 S72 879 885 892 886
!I 20 i Sonepat 859 Iss~ 850 j 838 834 I
8".
J)
! 11
\· Yamuna na!!a
,, 903 i 940 916 \ 897 894 \ 869
I
i Haryana State SS9 884 881 ! SiS 878 l' Si4"'
'
1-1
210 SUPREME COURT REPORTS [2016] 8 S.C.R.

A Nothing had been filed stating as to how the aforesaid figures had
been reached except making a statement that the figures were arrived
at on the basis of entry in certain registers.
17. On a perusal of the affidavit by the NCT of Delhi, it was
noted that in paragraph 5, it had been stated, thus:-
B ''5. It is submitted that Sex Ratio at Birth in Delhi, which is
a reliable indicator of violations under the PC & PNDT
Act, has improved by 9 points in 2013 over the previous
year. The data available from Civil Registration System
indicates that Sex Ratio at Birth was 809 females per I 000
c males in the year 200 I and it is currently at 895 in 2013
Annexure R-1."
. 18. At that stage, the Court felt the need for verification of the
documents that formed the basis on which these figures had been reached.
It was also clarified that the figures that had been put forth did not show
D much indication of improvement but it was necessary to verify whether
the figures that had been set forth was correct or not. The purpose was
to find out whether there was degradation of sex ratio or stagnation or
any steps had really been taken by the concerned States to improve/
enhance the sex ratio or not; and accordingly it was directed that a
meeting be held under the auspices of National Inspection and Monitoring
E Committee wherein the Additional Secretary who had filed the affidavit
for the Union ofindia and two other Joint Secretaries of the Ministry of·
Health and Family Welfare shall remain present. The deponents who
had filed the affidavits before this Colll1 on behalf of the State ofUttar
Pradesh and NCT of Delhi were directed to remain present. The Director
f General, Health Services, State of Haryana and the Principal Secretary
along with the Special Secretary, State of Uttar Pradesh were also
directed to remain present in the meeting and to produce the relevant
registe1·s/records before the said Committee on the date fixed. Mr.
Gonsalves, learned senior counsel for the petitioner and Mr. Parikh,
learned counsel for the impleaded respondent(s) were allowed to be
G present. The report was required to be filed before this Court by
10.12.2014. It was further directed that apart from the sex-ratio, the
aforesaid three States shall also bring records with regard to the
prosecutions levied by the State yearwise and the stage of the
prosecution.
H
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 211
OF INDIA [DIPAK MISRA, J.]

19. Pursuant to order dated 25.11.2014, the Committee verified A
the data submitted by three States, namely, Uttar Pradesh, Haryana and
Delhi. As far as the State of Uttar Pradesh was concerned, on a perusal
of the report, it transpired that the figures that were submitted by the
State ofUttar Pradesh had been verified by the Committee and found to
be correct. On a perusal of the report along with the documents that B
had been annexed to, it was noticed that certain cases were pending for
trial before the trial Court. Regard being had to the fact that they had
been instituted long back, a direction was issued to the effect that the
proceedings that were pending before for trial and where there was no
stay order of the High Court or this Court, the same shall be taken up in
quite promptitude and be disposed of within a period of three months C
commencing 20th January, 2015. Be it stated certain other directions
were issued to be complied with by the State of Uttar Pradesh.
20. At a subsequent stage, the data furnished by the States, i.e.,
Bihar, Himachal Pradesh, Rajasthan and Tamil Nadu were verified.
On 15.4.2015 this Court's attention was drawn to the sex ratio in Delhi D
which had been verified by the Monitoring Committee as per the
population census. The said sex ratio relates to 2011 which reads as
follows:-
" Sex Ratio as per Population Census The universal sex ratio of
Delhi as per population census for all age groups taken together was E
82 I females per I 000 males in 200 I and it has become 866 females per
I 000 males as per provisional data of census - 2011. Children sex ratio
(0-6) of Delhi went down marginally from 868 (as per census 200 I) to
866 (as per census 2011 ). As can be seen from statement 1.3, at both
points of the figures of Delhi were below than All India level. The district-
wise scenario for the children of0-6 years varies in different districts. F

Statement 1.3: Sex ratio of Delhi/All India as per population
Census Data

SL No Item Census Year
A District11ise sex ratio (Children of0-6 2001 ! 2011
I
G
years) I
I
South SSS i 878 I
'
South West 846 j 836

North West 857 i 863

H
212 SUPREME COURT REPORTS [2016] 8 S.C.R.

A North 886 872
Central 903 902
-········--··--·
-··--·--·-···--·-··----~--··---------------- ------
New Delhi 898 884
East 865 870
North East 875 I 875

B West 859 867
Delhi
Children of 0-6 years 868 866
·-·--·----· -~!!_a-~~----------------·-
821 866
All India -·
Children of O-6 years 927 914
c All ages 933 940

Source: Population census - 2011"
21. Our attention was also drawn to the document which is
'Monthly monitoring of the sex ratio of institutional birth'. It stated thus:-
"The data is collected on monthly basis from 50 major
hospitals which accounts for 50.87% of total registered births
in the year 2013 in Delhi. This helps to review the sex ratio
at the highest level in the shortest possible time without
waiting for the yearly indicators. The sex ratio ofinstitutional
E births on the basis of these 50 hospitals was also 895 in the
year 2013. Efforts wi II be made to increase the coverage
of health institutions under the monthly monitoring system
to make this exercise meanin&ful and truly representative
of the ground reality." ·

F 22. Learned counsel appearing for NCT of Delhi, had drawn our
attention to the affidavit filed by the Union of India and especially to
Annexure 'E'. Annexure 'E' is only report on registration of births and
deaths in Delhi in 2013. At page 114, the profile of birth Registration had
been mentioned under the caption 'The birth registration in civil
registration system'. It is as follows:-
G
"During 2013, a total of3 70000 birth events were registered
by all the local bodies taken together. Out of them, 1.95
lakhs (52.76%) were male and 1.75 lakhs (47.24%) were
female. Statement 3.1: Total Number of Bilths registered
under CRS sex-wise.
H
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 213
OF INDIA [DIPAK MISRA, J.]

A

Year Total Births Male Female Sex Ratio
i 2001
I
29628i 163816 132471 809
I
l (55.29) (44.71)
I 2002 300659 164184 136475 831 B
i
\
(54 .61) (.:!5.39) I
I 2003 301165 165173 135992 I 823
i (54.84) (45.16) I
12004 305974 167849 138125 823
(54.86) (45.11)
'
146305 822
c
2005 324336 li803l
(54.89) (45.11)
I 2006 322750 176242 146508 831
I (54.69) (45,39)
\ 2007 322044 174289 147755 848
(54.12) (45.88) D
I
I 2oos 333908 166583 167325 1004
I
(49.89) (50.11)
2009 354482 185131 169351 915
(52.22) (47.78)
1 2010 359463 189122 170341 901 E
I
I (52.61) (4 7.39) I
! 2011 353759 186870 166889 893
(52.82) (47.18)
2012 360473 191129 169344 886
(53.02) (46.98) F
2013 370000 195226 174774 895"
(52.76) (47.24)

23. The data furnished by the NCT of Delhi was contested on the
ground that it was collected from 50 major hospitals. The Court noticed G
that there had really been no improvement with regard to the sex ratio.
The Court took note oft he submissions of Mr. Gonsalves, learned senior
counsel for the petitioner and Mr. Parikh, learned counsel for the
impleaded respondent(s) and observed that under Section I 6(2)(t)(ii)
and (iii) there should be eminent women activists from non-governmental
H
214 SUPREME COURT REPORTS [20 I 6] 8 S.C.R.

A oraganisations and eminent gynaecologists and obstetricians or experts
of stri-roga or prasuti tantra to be the members and thought it apt to
state that there can be eminent women activists from non-governmental
organizations, eminent gynaecologists and obstetricians or experts of
stri-roga or prasuti tan/ra and eminent radiologists or sonologists but
care has to be taken that they do not have conflict of interest.
B
24. On 15.09.2015, the Court noted the submission of Ms. Anitha
Shenoy, learned counsel appearing for Dr. Sabu Mathew George, the
newly imp leaded party, that the appropriate authorities are not following
the mandate enshrined under Rule 18A of the Rules. Keeping in view
the language employed in the said Rule, the Cow1 directed that all the
c appropriate authorities including the State, districts and sub-districts
notified under the Act shall submit quarterly progress report to the
Government oflndia through the State Government and maintain Form
H for keeping the information of all registrations readily available. The
Court further directed that the States shall file the compliance repo11
D pertaining to sub-rule (6) of Rule 18A of the Rules and also directed
counsel for the Union oflndia to apprise the Cou11 about the information
received from the various appropriate authorities.
25. On 17.11.2015 when the matter was taken up, the Court
adverted to the fact that the State ofOdisha, as directed, had provided
E the Committee relevant documents, especially the documents which are
required for eradicating the deficiencies pointed out by the Committee.
Be it noted, the Committee had earlier pointed out ce11ain deficiencies.
The State had filed the documents in pursuance of the order of the
Court and the Committee had filed report pertaining to the State ofOdisha.
Paragraph 4 of the report reads as follows:-
F
"4. The State ofOdisha had cited the data on Sex Ratio at
Birth from the Civil Registration of bi11hs of State. State
Provided the relevant data and C.D. M.O. Odisha. There
are 314 rural registration units & I 00 urban registration
units I 30 districts in Odisha State. All the data is based on
G the records of civil registration system. The Sex Ratio at
Birth (SRB) data for the year 2013 submitted in the affidavit
is 886 whereas as per the records submitted by the State
data for the same period is 890. The representatives of the
State clarified that in the affidavit, the figures were
H provisional."
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 215
OF INDIA [DIPAK MISRA, J.]

26. Mr. Gonsalves, learned senior counsel had also filed a chart A
containing 'District-wise Sex Ratio at Birth ofOdisha State' commencing
from the year 20 I 0 to 2014. The said chart is reproduced below:-
"District wise sex ratio at birth of Odisha State
Name of the 1 2010
SI.No 2011 2012 2013 2014
8
District 1

2 3 4 5 !6 7
! 1 Angul 894 900 Si9 ! 890 904
Balasorc I 9'.!3 891 i 870 SiO
3 Argarh 923 889 913 891 913
4 Bhadrak I 923 891 876 I ss3 875 c
5 Bolangir ! 945 930 I 950 939
6 Boudh I 983 957 936 I 934 918
I7 Cuttack 1 860 874 860 I 854 843
S Deogarh i 896 954 958 954 938
9 Dhenkanal i 856 833 850 I 845 849
10__ ,_G_a-ia-p;at-i---rsfs--+-93_0__,_9J.7--tgw--- 892 D
11 Ganiam 902 880 867 813 794
12 Jagatsinghpur 912 905 842 777 852
13 Jaipur 863 876 828 824 823
14 Jharsuguda I 859 902 882 908 8i8
15 Kalahandi 888 935 968 ! 989 942
E
16 Kandhamal 912 943 950 I 962 940
I 17 Kwdrapara I 881 836 828 i 73.J i05
i
f-l_S_ _f-K_'e_on_.i_ha_r_ _-+-i_93_.J_-+-9'-2_3_-+-9_50___ 965 930
19 Khurda S92 Si6 884 · 885 842

21 Malkangiri 948 947 993 942 935 F
22 !1fayurbhani 955 934 936 , 931 933

i 2~ Nuapada i 945 956 955 i 909 1
1055 1

1
26 Puri I 933 SSS 874 1
Si 3 854
27 Rava~ada 955 954 939 931 945 G
28 Sambalpur 906 918 908 89 l 903
29 Subamapur 940 93.t 946 939 965
30 Sundargarh , 91! 892 865 89i 906 .
Odisha I 911 902 S96 I 886 839"
H
216 SUPREME COURT REPORTS [2016] 8 S.C.R.

A Learned counsel submitted that when the sex ratio reduces below
900, there is a signal of a social disaster. He had pointed out that there
were many districts where it had fallen below 900 and drawn the attention
of the Court to two districts, namely, Kendrapara and Ganjam to high Iight
that the sex ratio had gone down to 705 and 794 in 2014. Be it stated, the
two districts were only referred to highlight how the sex ratio had fallen
B in the year 20 I 4 than what it was in 20 I 0.
27. We have adumbrated the history of the litigation, the directions
issued by this Court from time to time and adverted to how this Court
has appreciated the impact of sex ratio on a civilized society having
regard to the legislative intendment under the Act, the suggestions given
c by the learned counsel for the petitioner, the verification done by the
Monitoring Committee, and the crisis the country is likely to face ifthe
obtaining situation is allowed to prevail. As is manifest, this Court had
issued directions from 200 I onwards in different writ petitions and in the
instant writ petition, as noticed earlier, number of directions were issued
D and, thereafter, certain clarifications were made. The narration shows
the concern.
28. It needs no special emphasis that a female child is entitled to
enjoy equal right that a male child is allowed to have. The constitutional
identity of a female child cannot be mortgaged to any kind of social or
E other concept that has developed or is thought of. It does not allow any
room for any kind of compromise. It only permits affirmative steps that
are constitutionally postulated. Be it clearly stated that when rights are
conferred by the Constitution, it has to be understood that such rights
are recognised regard being had to their naturalness and universalism.
No one, let it be repeated, no one, endows any right to a female child or,
F for that matter, to a woman. The question of any kind of condescension
or patronization does not arise.
29. When a female foetus is destroyed through artificial means
which is legally impermissible, the dignity of life of a woman to be born
is extinguished. It corrodes the human values. The Legislature has
G brought a complete code and it subserves the constitutional purpose.
We may briefly refer to the scheme of the Act and the Rules framed
thereunder. Section 2 of the Act is the dictionary clause and it defines
"foetus", "Genetic Counselling Centre", "Genetic Clinic", "Genetic
Laboratory", "pre-natal diagnostic procedures", "pre-natal diagnostic
H techniques", "pre-natal diagnostic test", "sex selection", "sonologist or
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 217
OF INDIA [DIPAK MISRA, J.]

imaging specialist". Section 3 provides for Regulation of Genetic A
Counselling Centers, Genetic Laboratories and Genetic Clinics. Section
3A imposes prohibition of sex-selection. Section 3B prohibits the sale of
ultrasound machine, etc., to persons, laboratories, clinics, etc., not
registered under the Act. Section 4 regulates pre-natal diagnostic
techniques. Section 5 stipu Iates written consent of pregnant woman
B
and prohibition of communicating the sex of foetus. Section 6 prohibits
determination of sex. Chapter IV of the Act deals with the Central
Supervisory Board. Sections 7 - 16A deal with the constitution of the
Board, meetings of the Board, functions of the Board, which includes
reviewing and monitoring implementation of the Act and Rules made
thereunder. Section l 6A commands the States and Un ion Territories to c
have a Board to be known as the State Supervisory Board or the Union·
Territory Supervisory Board, as the case may be, to carry out the functions
enumerated therein. Chapter V provides for the Appropriate Authority
and Advisory Committee. Sub-section (4) of Section 17 deals with the
powers of the Appropriate Authority. The said provision being significant
D
is extracted hereunder:-
"(4) the Appropriate Authority shall have the following
functions, namely -
(a) to grant, suspend or cancel registration of a Genetic
Counselling Centre, Genetic Laboratory or Genetic Clinic; E
(b) to enforce standards prescribed for the Genetic
Counselling Centre, Genetic Laboratory and Genetic Clinic;
(c) to investigate complaints of breach of the provisions of
this Act or the rules made thereunder and take immediate
action; F
(d) to seek and consider the advice of the Advisory
Committee, constituted under sub-section (5), on application
for registration and on complaints for suspension or ·
cancellation ofregistration;
G
(e) to take appropriate lega I action against the use of any
sex selection technique by any person at any place, suo
motu or brought to its notice and also to initiate independent
investigations in such matter;
(f) to create public awareness against the practice of sex
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218 SUPREME COURT REPORTS [2016] 8 S.C.R.

A selection or pre-natal determination of sex;
(g) to supervise the implementation of the provisions of the
Act and rules;
(h) to recommend to the Board and State Boards
modifications required in the rules in accordance with
B changes in technology or social conditions;
(i) to take action on the recommendations of the Advisory
Committee made after investigation of complaint for
suspension or cancellation of registration."
c 30. Section 17 A enumerates the powers of the Appropriate
Authorities. The said provision reads as follows:-
" I 7A. Powers of Appropriate Authorities.- The Appropriate
Authority shall have the powers in respect of the following
maters, namely:-
0 (a) summoning of any person who is in possession of any
information relating to violation of the provisions of this Act
or the rules made thereunder;
(b) production of any document or material object relating
to clause (a);
E (c) issuing search warrant for any place suspected to be
indulging in sex selection techniques or pre-natal sex
determination; and
(d) any other matter which may be prescribed."

F 31. Section 18 deals with the registration of Genetic Counselling
Centres, Genetic Laboratories or Genetic Clinics. Sections 19 and 20
provide for certificate of registration and cancellation or suspension of
registration. Chapter VII deals with offences and penalties. Section 22
stipulates prohibition of advertisement relating to pre-conception and pre- ·
natal determination of sex and punishment for contravention and Section
G 23 deals with offences and penalties. Section 24 which has been brought
into the Act by way ofan amendment with effect from 14.02.2003 states
with regard to presumption in the case of conduct of pre-natal diagnostic
techniques. Section 26 provides for offences by companies. Section 28
provides that no court sh al I take cognizance of an offence under the Act
1-1
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 219
OF INDIA [DlPAK MISRA, J.]

except on a complaint made by the Appropriate Authority concerned, or A
any officer authorized in this behalf by the Central Government or State
Government, as the case may be, or the Appropriate Authority; or a
person who has given notice of not less than fifteen days in the manner
prescribed. Section 29 occurring in Chapter VIII which deals with
miscellaneous matters provides for maintenance of records. Secti.on 30
B
empowers the appropriate authority in respect of search and seizure of
records. The rule framed under Section 32 of the Act is not
comprehensive. Various Forms have been provided to meet the
requirement by the Rules: On a perusal of the Rules and the Forms, it is
clear as crystal that attention has been given to every detail.

32. Having stated about the scheme of the Act and the purpose of
c
the various provisions and also the Rules framed under the Act, the
dropping of sex ratio still remains a social affliction and a disease.

33. Keeping in view the deliberations made from time to time and
regard being had to the purpose of the Act and the far reaching impact
D
of the problem, we think it appropriate to issue the following directions in
addition to the directions issued in the earlier order:-

(a) All the States and the Union Territories in India shall maintain
a centralized database of civil registration records from all registration
units so that information can be made available from the website regarding
E
the number of boys and girls being born.

(b) The information that shall be displayed on the website shall
contain the birth information for each District, Municipality, Corporation
or Gram Panchayat so that a visual comparison of boys and girls born
can be immediately seen.
F
( c) The statutory authorities if not constituted as envisaged under
the Act shall be constituted forthwith and the competent authorities shall
take steps for the reconstitution of the statutory bodies so that they can
become immediately functional after expiry of the term. That apart,
they shall meet regularly so that the provisions of the Act can be
G
implemented in reality and the effectiveness of the legislation is felt and
realized in the society.

(d) The provisions contained in Sections 22 and 23 shall be strictly
adhered to. Section 23(2) shall be duly complied with and it shall be
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220 SUPREME COURT REPORTS [2016] 8 S.C.R.

A reported by the authorities so that the State Medical Council takes
necessary action after the intimation is given under the said provision.
The Appropriate Authorities who have been appointed under Sections
17( I) and 17(2) shall be imparted periodical training to carry out the
functions as required under various provisions of the Act.
B (e) If there has been violation of any of the provisions of the Act
or the Rules, proper action has to be taken by the authorities under the
Act so that the legally inapposite acts are immediately curbed.
(f) The Courts which deal with the complaints under the Act shall
be fast tracked and the concerned High Courts shall issue appropriate
C directions in that regard.
(g) The judicial officers who are to deal with these cases under
the Act shall be periodically imparted training in the Judicial Academies
or Training Institutes, as the case may be, so that they can be sensitive
and develop the requisite sensitivity as projected in the objects and reasons
D of the Act and its various provisions and in view of the need of the
society.
(h) The Director of Prosecution or, ifthe said post is not there, the
Legal Remembrancer or the Law Secretary shall take stock of things
with regard to the lodging of prosecution so that the purpose of the Act
E is subserved.
(i) The Courts that deal with the complaints under the Act shall
deal with the matters in promptitude and submit the quarterly report to
the High Courts through the concerned Sessions and District Judge.
U) The learned Chief Justices of each of the High Courts in the
F country are requested to constitute a Committee of three Judges that
can periodically oversee the progress of the cases.
(k) The awareness campaigns with regard to the provisions of
the Act as well as the social awareness shall be undertaken as per the
direction No 9.8 in the order dated March 4, 2013 passed in Voluntary
G Ilea/tit Associatio11 <~f Punjab (supra).
(1) The State Legal Services Authorities of the States shall give
emphasis on this campaign during the spread oflegal aid and involve the
para-legal volunteers.
(m) The Union oflndiaand the States shall see to it that appropriate
H
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 221
OF INDIA [DIPAK MISRA, J.]

directions are issued to the authorities of All India Radio and Doordarshan A
functioning in various States to give wide publicity pertaining to the saving
of the girl child and the grave dangers the society shall face because of
female foeticide.
(n)All the appropriate authorities including the States and districts
notified under the Act shall submit quarterly progress report to the B
Government oflndia through the State Government and maintain Form
H for keeping the infonnation of all registrations readily available as per
sub-rule 6 of Rule I SA of the Rules.
(o) The States and Union Territories shall implement the Pre-
conception and Pre-natal Diagnostic Techniques (Prohibition of Sex c
Selection) (Six Months Training) Rules, 2014 forthwith considering that
the training provided therein is imperative for realising the objects and
purpose of this Act.
(p) As the Union of India and some States framed incentive
schemes for the girl child, the States that have not framed such schemes, D
may introduce such schemes.
34. Before parting with the case, let it be stated with certitude
and without allowing any room for any kind of equivocation or ambiguity,
the perception of any individual or group or organization or system treating
a woman with inequity, indignity, inequality or any kind of discrimination E
is constitutionally impermissible. The historical perception has to be given
a prompt burial. Female foeticide is conceived by the society that definitely
includes the parents because of unethical perception oflife and nonchalant
attitude towards law. The society that treats man and woman with
equal dignity shows the reflections of a progressive and civilized society.
To think that a woman .should think what a man or a society wants her to F
think tantamounts to slaughtering her choice, and definitely a humiliating
act. When freedom of free choice is allowed within constitutional and
statutory parameters, others cannot determine the norms as that would
amount to acting in derogation oflaw. Decrease in the sex ratio is a sign
of colossal calamity and it cannot be allowed to happen. Concrete steps 0
have to be taken to increase the same so that invited social disasters do
not befall on the society. The present generation is expected to be
responsible to the posterity and not to take such steps to sterilize the
birth rate in violation of law. The societal perception has to be
metamorphosed having respect to legal postulates.
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222 SUPREME COURT REPORTS [2016] 8 S.C.R.

A 35. Now, we shall advert to the prayers in Writ Petition (Civil)
No. 575 of 2014. The writ petition has been filed by Indian Medical
Association (!MA). It is contended that Sections 3-A, 4, 5, 6, 7, 16, 17,
20, 23,25, 27 and 30 of the Act and Rules 9(4), 10 & Form "F" (including
foot-note), which being the subject matter of concern in the instant writ
petition, are being misused and wrongly interpreted by the concerned
B
authorities thereby causing undue harassment to the medical professionals
all over the country under the guise of the 'so-called implementation'. It
is also urged that, implementation of steps and scrutiny of records was
sta1ted at large scale all over the country and lot of anomalies were
found in records maintained by doctors throughout the country. It is
c however pertinent to mention here that the majority of the defaults were
of technical nature as they were merely minor and clerical errors
committed occasionally and inadvertently in the filing of Form "F". It is
also put f()lth that the Act does not classify the offences and owing to
the liberal and vague terminology used in the Act, it is thrown open for
misuse by the concerned implementing authorities and has resulted into
D
taking of cognizance of non-bailable (punishable by three years) offences
against doctors even in the cases of clerical errors, for instance non-
mentioning ofN.A. (Not Applicable) or leaving of any column in the
concerned Form "F" as blank. It is further submitted that the said
unfettered powers in the hands of implementing authority have resulted
E into turning of this welfare legislation into a draconian novel way of
encouraging demands for bribery as well as there is no prior independent
investigation as mandated under Section I 7 of the Act by these
Authorities. It is also set forth that the Act states merely that any
contravention with any of the provisions of the Act would be an offence
punishable under Section 23( I) of the said Act and further all offences
F
under the Act have been made non-bailable and non-compoundable and
the misuse of the same can only be taken care of by ensuring that the
Appropriate Authority applies its mind to the fact of each case/complaint
and only on satisfaction ofa prima facie case, a complaint be filed rather
than launching prosecution mechanically in each case. With these
G averments, it has been prayed for framing appropriate guidelines and
safeguard parameters, providing for classification of offences as well,
so as to prohibit the misuse of the PCPNDT Act during implementation
and to read down this Sections 6, 23, 27 of PCPNDT Act. That apart, it
has been prayed to add ce1tain provisos/exceptions to Sections 7, 17, 23
and Rule 9 of the Rules.
H
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 223
OF INDIA [DIPAK MISRA, J.]

36. In our considered opinion, whenever there is an abuse of the A
process of the law, the individual can always avail the legal remedy. As
we find, neither the validity of the Act nor the Rules has been specifically
assailed in the writ petition. What has been prayed is to read out certain
provisions and to add certain exceptions. We are of the convinced view
that the averments of the present nature with such prayers cannot be
8
entertained and, accordingly, we decline to interfere.
37. In the result, Writ Petition (Civil) No. 349 of 2006 stands
disposed of in terms of the directions issued by us and Writ Petition
(Civil) No. 575 of2014 stands dismissed. In the facts and circumstances
of the case, there shall be no order as to costs.
c
Kalpana K. Tripathy Writ Petitions disposed of.