NEWSLINKS US EDITION SOUTH ASIA COLUMNISTS DIARY SPECIALS INTERVIEWS CAPITAL BUZZ REDIFF POLL THE STATES ELECTIONS ARCHIVES SEARCH REDIFF
To stop the illegal practice of determination of sex of the foetus, resulting mainly in female foeticide, the Supreme Court on Tuesday directed all states to confiscate the ultrasound machines in clinics running without a licence from the authorities.
"State governments are directed to take immediate action if such machines were being used in clinics without licence. The machines are to be seized and sealed for the time being," a three-judge bench comprising Justice M B Shah, Justice B N Agrawal and Justice Arijit Pasayat said.
The order came on a petition filed by CEHAT, a NGO, alleging that large scale illegal sex-determination in India is leading to female foeticide, resulting in imbalance in the male-female sex ratio.
On the December 11 Court directive, Health Secretaries of Punjab, Haryana, Delhi, Bihar, Uttar Pradesh, Maharashtra, Gujarat, Andhra Pradesh, Kerala, Rajasthan and West Bengal were present to explain implementation of Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act.
On the allegation of the petitioner's counsel Indira Jaisingh that the state governments were granting licence to the ultrasound clinics casually, the bench ordered that 'the authorities should not grant certificate of registration if the application form is not complete in any respect'.
Appearing for the Centre, Attorney General Soli Sorabjee said the Centre was doing its job and has collected the list of machines sold by the manufacturers to their clients in India.
He said it was for the states to act on it. The Court quizzed the Health Secretaries of Uttar Pradesh, Punjab, Maharashtra and Gujarat about the implementation of the provisions of the Act and posted the matter for further hearing after four weeks.
The Court on the last hearing had directed manufacturers of ultrasound machines -- Philips, Symonds, Toshiba, Larsen & Toubro and Wipro GE -- to give the names and addresses of the clinics and persons in India to whom they have sold these machines in the last five years to help the government find out whether these clinics or persons were registered under the Act.
The companies gave a list of their clients and the court directed the states to act on the basis of the information given by the companies and check whether the machines were registered or not.
However, many states have not complied with the earlier direction of the Court to provide the district-wise data of the ultrasound clinics as well as publicise the constitution of District Advisory Committees.
Under the Act, people having any grievance could approach these Committees, who could then order prosecution of the erring clinics.
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