SC: Statutory Authorities may Intervene When Housing Societies Delay Membership Decisions  ||  SC: Quasi-Judicial Authorities Cannot Exercise Review Powers Unless Expressly Granted By Statute  ||  SC: Special Court Cannot Order Confiscation While Appeal Against Attachment Confirmation is Pending  ||  SC: Photocopies are Not Evidence Unless Conditions for Leading Secondary Evidence are Proved  ||  Calcutta HC: Conviction under Essential Commodities Act Invalid if Stock Measured With a 'Stick'  ||  Kerala High Court: Universities Must Regulate Student Political Activities to Curb Campus Violence  ||  Calcutta HC: Accused Has No Right on Investigation Mode or Impleadment in Probe Writ  ||  Gauhati HC: POCSO Probes Must be Child-Friendly, With Sensitized Investigators to Ensure Clear Truth  ||  Kerala HC: Orders Barring Disclosure of Witness Statements Must State Reasons For Each Witness  ||  SC: Hard to Believe Married Woman Was Lured Into Sex by False Marriage Promise; Case Quashed    

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