PCPNDT Act : Supreme Court Issues Notice To States, Seeks Response On Steps Taken For Enforcement

The Supreme Court of India on Thursday issued notice and sought responses from states in a plea filed by Advocate Shobha Gupta seeking to direct appropriate authorities to take proper legal action for violation of the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 and related rules.

The PCPNDT Act was enacted with the intent to prohibit prenatal diagnostic techniques for determination of the sex of the foetus, leading to female feticide.

Earlier the Court had restricted the issuance of notice to the Central government and had sought its response.

When the matter came up before a division bench of Justice AS Bopanna and Justice MM Sundresh today, Senior Advocate Pinky Anand appearing for the Petitioner argued that it was necessary to issue notice to states well.

“Notices must be issued to States which must report back to the Court as to appointment of appropriate authorities in various states because it seems in most cases appropriate authorities may not have been appointed.” She submitted.

Rule 18-A (5) (vi), mandates that an appeal must be filed against any order of acquittal, keeping in mind the nature of the Act which deals with saving children. “As figures indicate, appeals are not filed and appropriate action is not taken.” Anand submitted.

“Appropriate authorities mandated to be appointed under the Act, for the Centre, State and UTs, have not been appointed and it is the appropriate authorities that are mandated take action in these cases", she added.

It is the case of the petitioner that various provisions of the PCPNDT Act are not being executed effectively. It is pointed out by the Petitioner that despite having specific provisions of punishment/penalty under the Act, the offenders are not being booked for deliberate violation of the Rule 18-A (5)(vi).

The petition also states that the Child Sex Ratio has been declining in the country since 1961. While relying on statistics from various states, the petitioner contends that conviction numbers are quite low. "There has been a dismal performance in filing of appeals. Far more acquittals than convictions are happening", the plea stated.

"Regretfully, the Appropriate Authorities are religiously violating the above bounden duty cast on them by the statute. There are large-scale acquittals but the Appropriate Authorities, particularly in Gujarat and Rajasthan, Punjab, as per data available on the website, have not preferred even a single appeal against order of acquittals.” The possibility of similar inaction by Appropriate Authorities in other States/UTs cannot be completely ruled out, the plea stated.

The petition was filed through Advocate-on-Record, Mr. M.C. Dhingra.

Case Title: Shobha Gupta & Anr v UOI & Ors | W.P.(C) No. 301/2022