The Supreme Court of India recently upheld the constitutional validity of Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, or PCPNDT Act, 1994. This decision came in response to a writ petition filed by the Federation of Obstetrics and Gynecological Societies of India (FOGSI) which considered punitive actions for clerical errors as equivalent to sex determination offenses.
The Dismissal of FOGSI’s Writ Petition
FOGSI had appealed against the constitutionality of Section 23 of the PCPNDT Act, arguing that it unjustly treated clerical errors or lapses in documentation as material offenses. Their contention was that what they referred to as ‘clerical errors’ were being equated with the actual offense of sex determination, which they believed was unjust.
However, the Supreme Court dismissed the appeal, opining that the non-maintenance of records is more than just a procedural lapse in the context of sex determination. In fact, it asserted that it is the key evidence that helps identify the accused in cases involving illegal sex determination.
Significance of Record-Keeping in Prohibiting Sex Determination
The Court strongly held that any dilution of the provisions of the PCPNDT Act or its rules would otherwise undermine the very purpose of this act, which is to prevent female foeticide. It also emphasized that it would derogate the right to life of a girl child under Article 21 of the Constitution, reducing it to mere formalism.
The Court clarified that if detailed records are not maintained, then violations of the act can never be detected. This would thwart the entire purpose of the legislation.
| Year | Act | Section | Purpose |
|---|---|---|---|
| 1994 | PCPNDT Act | Section 23 | Prevents misuse of prenatal diagnostic techniques |
| 2003 | PCPNDT Act | Amended | Bans use of sex selection techniques |
About the PCPNDT Act
The Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, commonly known as the PCPNDT Act, was enacted in 1994 and later amended in 2003. It has proven to be a vital instrument in combating sex-selective eliminations.
The primary aim of enacting this act is to ban the use of sex selection techniques either before or after conception. Moreover, it aims to prevent the misuse of prenatal diagnostic techniques for sex-selective abortion.