UNION OF INDIA V INDIAN RADIOLOGICAL AND IMAGING  ASSOCIATION AND ORS. ETC.

SPECIAL LEAVE PETITION (C) Nos. 16657-16659 OF 2016

DECIDED ON 14/03/2018

A three-judge bench of the apex court, headed by chief Justice of India Dipak Misra with justices. A.M. Khanwilkar  and Dr. D.Y. Chandrachud, put a stay on operation of the judgment and order of the Delhi High Court.

The case was that in Voluntary Health Association of Punjab v Union of India, the Supreme Court by a judgment issued comprehensive directions for the purpose of effective implementation of the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The PCPNDT Act was enacted by Parliament, as its Preamble indicates, to prohibit sex-selection, and to regulate pre-natal diagnostic techniques so as to prevent their misuse for sex determination.

The comprehensive directions issued by the Supreme Court in its decision in Voluntary Health Association of Punjab (Supra) must be read as integral to the enforcement of a law which has been enacted by Parliament to curb a grave social evil and to render the statutory provisions truly effective to curb the mischief which was sought to be addressed by enacting the law. More specifically, in its judgment, the Supreme Court has required the states and the Union territories to implement the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training) Rules, 2014 forthwith. The decision explains that the provision for training required under the above subordinate legislation, is imperative to realise the objects and purposes of the Act.

The impact of the directions which have been issued by the Supreme Court was negated by a judgment rendered by a Division Bench of the Delhi High Court in a batch of cases including Indian Radiological and Imaging Association (IRIA) v Union of India, Indian Medical Association v Union of India and Sonological Society of India v Union of India. It was observed that it was unable to find any provision in the PCPNDT Act empowering any of the bodies constituted under the law or even the Central government to prescribe qualifications for practicing medicine with the aid of an ultrasound imaging equipment or to prescribe the nature and content of the curriculum or duration of the qualification.

This was challenged in the Supreme Court through Special Leave Petition where it was held that the judgment of the Delhi High Court needs to be stayed during the pendency of these proceedings. The judgment of the High Court squarely impinges upon the directions issued by the Supreme Court in Voluntary Health Association of Punjab and was directed in consequence that the judgment of the Supreme Court in Voluntary Health Association of Punjab shall be strictly enforced by all states and union territories untrammelled by any order of any High Court or any other court. The interlocutory applications were disposed of accordingly.