Supreme Court: After the BNSS, a Pre-Cognizance Hearing is Mandatory in PMLA Cases  ||  SC: Landowners Cannot be Forced to Waive Statutory Compensation to Claim Other Benefits  ||  Supreme Court: Banks are Lenient With Big Borrowers But Strict With Ordinary Loan Applicants  ||  Delhi HC: Minimum Wages During Pending Litigation Cannot be Frozen and Must be Updated Periodically  ||  Kerala HC: ICC Can Probe Sexual Harassment Complaint Against a Director Not Controlling Affairs  ||  Delhi HC: Interim Protection From Blacklisting Does Not Remove Bidder’s Duty to Disclose in Tenders  ||  Allahabad HC: After the BNSS, Pre-Cognizance Hearing of the Accused is Mandatory in NDPS Complaints  ||  Delhi HC: Husband Cannot Avoid Maintenance For Wife and Children by Claiming Irregular Income  ||  SC: Repeated Anticipatory Bail Pleas Abuse Process and Reduce Litigation to a Gamble  ||  Supreme Court: State Officers Cannot Back Litigants Through Affidavits Against the Law    

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