DELHI-PCPNDT Act and other stories

DELHI-PCPNDT Act and other stories

-Bijayalaxmi Nanda

Associate Professor, Miranda House

Delhi University

Thought for the day

•       “ That society should not want a girl child; that efforts should be made to prevent the birth of a girl-child is a matter of grave concern. It violates Article 39(e) of the Constitution of India which states the principle of state policy that the health and strength of women is not to be abused. It ignores Article 51A(e) which says that it shall be the duty of every citizen to renounce practices derogatory to the dignity of women. Sex selection is therefore against the spirit of the Constitution. This is perhaps the greatest argument in favour of total ban on sex selection”.

–      Hon’ble Smt. Ranjana Desai, J.(Vijay Sharma vs Union of India AIR 2008 Bom.29)

District	Census 2001	Census 2011
South	888	878
South West	846	836
North West	857	863
North	886	872
Central	903	902
New Delhi	898	884
East	865	870
North East	875	875
West	859	867

Delhi: District-wise Child Sex Ratio(0-6 years)

Cases-numbers and beyond

•       61 to 75 To 50 - the mystery of numbers

•       Issue of portability of portable ultra-sound machines

•       Violation of due process – snapshot of cases.

•       Follow-up action and weak Public Prosecutors

•       The mind set of authorities – Case study of Dr. Mitu Khurana.

Role of Government

•       It is the responsibility of the Govt. To implement laws made by the legislature. But when the Govt. fails to do so, resort is taken to the judiciary. The primary credit for implementation of the PCPNDT Act goes to the judiciary.

- Compilation and Analysis of Case-Laws on PCPNDT Act 1994, Dr. Shalini Joshi (supported by UNFPA)

Snapshots of Cases

Centre and date of inspection	Reason for sealing/Section	Date of desealing	Reason for Desealing
Naman General & Maternity Centre, Narela (13/3/06) (NW District)	Incomplete filling of Form-F	26/04/2006	Desealed after receiving explanation from owner
Medical Diagnostic Imaging, Rani Bagh (10/03/06) (NW District)	Incomplete filling of Form-F	26/04/2006	Desealed after receiving explanation from owner
Dr. Mangla Telang’s Fertility & IVF Centre, Siri Fort (05/12/07) (South District)	Stng operation by BBC. Case filed in Court (Sections 5 & 6)		Registration suspended and 2 rooms of clinic still sealed
Centres (SW District)	Reason for action	Duration of sealing	Reason for desealing
G.L. Sharma Memorial Hospital, Palam Colony	Improper maintenance  of/missing  Form-F/ Records not maintained	From 15 – 50 days	All centres are desealed in public interest.
Bensups Hospital, Dwarka
Sunil Memorial Hospital, Palam Colony
Centres (West District)	Reason for action	Duration of sealing	Reason for desealing
New Medical Centre, Moti Nagar	Improper maintenance  of/missing  Form-F/ Records not maintained/ incorrect record keeping	17 – 30 days	District Advisory Committee unanimously decided to open the seal after taking an affidavit they will not repeat incorrect record keeping in the future.
Gupta Medical Centre, Paschim Vihar
Jawa Nursing Home, Paschim Vihar

Letter from Mitu Khurana

Dear Mam,
I would like to raise questions regarding the following points:
(1) it was a established fact that form F was not filed by hospital in their monthly records still they did not take any action for more than six months. In fact gave a report saying there is no evidence of sex determination.
(2) after i sent them a legal notice they filed a case only against the hospital. Why not against doctor and my in laws.
(3) replied to R.T.I that they did not file a case against other accused because doctor gave a statement that he fills form F in all cases. No other evidence needed .
(4) no answer as to why no case against the people who got it done.

     (5) government has not yet withdrawn the report or taken any action against people who gave this report. Accused using that report till date to defend themselves in court.

IN OTHER WORD GOVERNMENT HAS GIVEN THE ACCUSED THE SHIELD TO SAVE THEMSELVES. THEY ARE NOT PURSUING THE CASE AND NO PROCEEDINGS TAKING PLACE DESPITE NO STAY IN THE GOVERNMENT FILED CASE.

- Mitu