Kerala HC: Online Publication of Interim Orders is Not Valid Service for Contempt Proceedings  ||  MP High Court: Criminal Record Alone Doesn't Attract Organised Crime Charge under BNS  ||  Allahabad HC: Insurance Company Cannot Challenge Welfare Scheme Compensation Through Writ  ||  Supreme Court Proposes Denying Fuel to Vehicles Without Valid Insurance  ||  Supreme Court: Media Can Report Court Proceedings Without Sharing Audio or Video Clips  ||  Supreme Court: Acquits Murder Convict Jailed for 22 Years, Points to Criminal Justice System Failure  ||  Supreme Court Directs Centre to Issue Environmental Compensation Norms under SWM Rules 2026  ||  Supreme Court: Employee Who Accepts Resignation Benefits Cannot Later Challenge its Acceptance  ||  Supreme Court: Breach of Contract is Not Cheating Unless Fraud Existed From the Outset  ||  Supreme Court: Specific Performance of an Agreement to Sell May be Denied After a Long Delay    

Indian Radiological and Imaging Association and ors. v. Union of India and anr. - (High Court of Delhi) (17 Feb 2016)

Court cleans up pre-natal sex determination legislation

Human Rights

Section 2(p) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 defining a Sonologist or Imaging Specialist was struck down by the Delhi High Court for including persons possessing a postgraduate qualification in ultrasonography or imaging techniques. Under Section 2(p) of the Act, no qualifications were recognised by the Medical Council of India for a ‘Sonologist’ or ‘Imaging Specialist’ and even the Act did not empower statutory bodies constituted under the Act or the Central Government to devise and coin new qualification.

The Court opined that for the purposes of prevention of sex determination through ultrasound machines or other radiological techniques, it did not matter if the same were operated by an MBBS graduate or an MD radiologist. An MBBS graduate was sufficiently qualified to be sensitized to the “fatal consequence of female foeticide as a result of sex determination or the morality behind the same.” There is no requirement for the person to undergo further training as a ‘Doctor’. The Court lamented the legislation’s emphasis on “mammoth paper work of registration of ultrasound machines” even in non-prenatal diagnosis, leaving little time to identify ultrasound machines that were actually used for sex determination.

Relevant : Section 2 Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994

Tags : PRE-NATAL   SEX DETERMINATION   ULTRASOUND   QUALIFICATIONS  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved