Allahabad High Court: Husband's Liability under the Domestic Violence Act Continues Despite Divorce  ||  Bombay HC: Municipal Council Must Pay for Land Used as DP Road Despite Fund Shortage  ||  Uttarakhand HC: Previous Service Pay Protection Does Not Confer Right to Career Progression Benefits  ||  Supreme Court Revives POCSO Case Against Headmistress, Says Verifying Abuse Claims is No Excuse  ||  SC: Voluminous Documents are No Excuse For Their Delayed Production under Commercial Courts Act  ||  Supreme Court Orders Merged Bank's Eviction For Transferring Tenancy Without Landlord's Consent  ||  SC: Oraon Tribe Custom Doesn't Allow Uncle-In-Law to Adopt Niece's Husband as Ghar Damad  ||  Kerala HC Approves New Public Prosecutor Appointment Guidelines After a Minor Revision  ||  Rajasthan HC Clarifies Criminal Writ Petitions Have No Separate Constitutional Status  ||  Delhi HC Clarifies if Whatsapp Acknowledgment Can Make an Arbitral Award Binding    

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