Guidelines to act against violation of anti-pre-natal sex determination law have remained on paper: Karnataka High Court  

High Court of Karnataka criticizes lack of adherence to guidelines in suspending license under Pre-conception and Pre-natal Diagnostic Techniques Act.

Observing that guidelines on initiating action under the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, appear to be only on paper, the High Court of Karnataka has said that none of the guidelines was adhered to while suspending the licence and registering a criminal case against a medical diagnostic centre for alleged violations.

“Leaving loopholes in law would only form a protective veneer to the violators of the law, if any. The loopholes should not blur the intent behind the enactment and the rigour of provisions of the Act,” the court observed while directing the government to ensure that the authorities concerned strictly adhered to the guidelines while conducting inspection and registration of criminal cases under this law.

Justice M. Nagaprasanna issued the direction while pointing out that the health authorities had suspended the licence of a diagnostic centre and registered a criminal case against it even before issuing a notice asking to show cause why the licence should not be suspended, which is contrary to the law and the guidelines, which specifies that these actions should be taken after issuing notice and hearing replies from the alleged violators.

Meanwhile, the court quashed the criminal case registered against medical practitioner Subhalakshmi N., who is proprietor of Medizone Medical Centre, Kaggadasapura in Bengaluru, and Moscow Mani S.A., radiologist, and suspension of the licence of the medical centre.

However, the court directed the authorities to issue a fresh notice to which the petitioner-doctors would have to reply within a week. Also, the court gave liberty to the authorities to initiate fresh action, if need be, after the receipt of reply.

The court found that the licence of the centre was suspended on December 8, 2023, the day on which the inspection was conducted and also a show-cause notice was issued giving seven days to reply why the licence should not be suspended.

Apart from other violations such as not securing the signatures of four pregnant women who had come for scanning, the court noted that the complaint had also alleged that illegal prenatal sex determination of these four women was performed at the centre.