Rajya Sabha Passes the ‘Bharatiya Vayuyan Vidheyak, 2024’  ||  Del. HC: It’s a Disturbing Trend of Exploiting Social Media Platforms for Committing Sexual Offences  ||  Ori HC: State Can’t Question Maintain. of Suit for No Notice at Stage of Appeal if Not Done in WS  ||  Ker. HC: Can’t Call Putting Up Boards of Temples, Mosques on Busy Roads as Religious Practice  ||  P&H HC: If People are Allowed to Stay All Night at Bars and Pubs, it will Hamper Indian Society  ||  SC: NCR States to Ask Workers to Register Themselves on Portal for Receiving Subsistence Allowance  ||  Rajya Sabha Passes the Boilers Bill, 2024  ||  NCLAT: Authority Can’t Pass Adverse Remarks against RP Performing Duties as Per CoC’s Instruction  ||  Tel. HC: Teacher Eligibility Test Guidelines Framed to Ensure that Competent Persons are Recruited  ||  Ker. HC: Loss in Derivative Business Would be a Business Loss for Purposes of Section 72 of IT Act    

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 2024 - All Rights Reserved