The Delhi High Court has remarked that certain aspects of the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) (PC & PNDT) Act need reconsideration for effective implementation of the Act.
Justice Swarana Kanta Sharma noted that though the PC & PNDT Rules contemplate that the police should not be involved in raids, seizure, etc. “as far as possible”, the practicality of this aspect needs to be reconsidered since such action “has to be as per the CrPC for conducting raids at facilities/clinics”.
The court’s direction came while dealing with a plea moved by a man seeking quashing of an FIR registered against him under various sections of PC & PNDT Act.
In its order on April 24, the court said that if the petitioner is convicted for any offence under this Act at the end of the trial, the period for which he had remained in judicial custody will stand set off against the period of punishment awarded to him.
According to the HC order, “For a common man or a layman, a complaint for commission of any offence can be lodged with the police. Therefore, even in a case of information regarding sex determination test, the police is often approached as first authority.”
“The police is not the first authority competent to initiate action under the Act,” it added.
“Another grey area of the Act... is that while the powers of investigation, search, seizure, raid, cancellation or suspension of registration of medical centres and facilities have been given to the Appropriate Authority, the offences under the Act have been made ‘cognizable’ without vesting the power of arrest in the Appropriate Authorities,” Justice Sharma observed.
She also remarked that “the low rate of conviction under the PC & PNDT Act poses a significant challenge, as it is incredibly arduous to prohibit prenatal diagnosis of sex”.
