# VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION

- **Citation:** [2016] 8 S.C.R. 192
- **Court:** Supreme Court of India
- **Decided:** 2016-11-08
- **Bench:** Dipak Misra, SHIVA Km.TI SINGH
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/voluntary-health-association-of-punjab-v-union-31380
- **Pages:** 32

## Headnote

Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 199./ - Pre-Conception and
Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)
Rules, 1996 - Proper i111ple111entation of the Act and the RulesSought by filing writ petition u/Art. 32 of the Constitution - Supre111e
Court by its order dated ./.3.2017 issued certain directions and
fi1rther directed the States to file their respective status reports -
From time to time also issued directions - Held: Despite the Scheme
of the Act and purpose of the various provisions and also the Rules
framed under the Act, the dropping of sex ratio still remains a social
ajjliction and a disease - Therefore. in addition to the directions
issued earlie1; certai11 direc1io11s issued.
Pre-Co11ception a11d Pre-Natal diagnostic Techniques
(Prohibitio11 of Sex Seleclion) Act, 199./ - ss. 3-A, ./, 5, 6, 7, 16, 17,
20, 23, 25, 27 and 30 - Pre-Conception and Pre-Natal Diagnostic
Techniques (Prohibilion <~l Sex Selection) Rules, 1996 - rr. 9(./), JO
and Fomt "F" - Misuse and 11'1'011g illfe11Jretation of the provisions,
hy a11t/1orilies concerned - Alleged hy Indian Afedical Associalion
in ils petilio11 u!Art. 32 of the Co11slitutio11 - Prayed j(Jr jiwning
appropriate guidelines and safeguard parameters, providing for
classification of offences, so as to prohibit misuse of the Act - Also
prayed/or adding certain provisos/exceptions toss. 7, 17, 23 and
1: 9 - Held: -Averments of present nature with such prayers are not
entertainable - Whenever there is abuse of process of law, the
individual is .fi·ee to avail the legal remedy.
Crime Against Women - Female child foeticide - Held: When
a female foetus is destroyed through artificial means ll'hich is legally
impermissible, the dignity of life of woman to be born, is extinguished.
Comtitution of India - Right to equality - A female child is
192
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION
J 93
OF INDIA
entitled to enjoy equal right that a male child is allowed to have -
A
The perception of any individual or group or organization or system
treating a woman with inequity, indignity, inequality or any kind of
discrimination is constitutionally impermissible.
Disposing of the Writ Petition (Civil) No. 349 of 2006 and
dismissing Writ Petition (Civil) No. 575 of 2014, the Court
B
HELD:
Writ Petition (Civil) No. 349 of 2006:
1.1 A female child is entitled to enjoy equal right that a
male child is allowed to have. The constitutional identity of a female
child cannot be mortgaged to any kind of social or other conce11t
that has developed or is thought of. It docs not allow any room
for any kind of compromise. It only permits affirmative steps that
arc constitutionally postulated. When rights arc conferred by the
Constitution, it has to be understood that such rights are
recognised regard being had to their naturalness and
universalism. No one, endows any right to a female child or, for
that matter, to a woman. The q ucstion of any kind of
condescension or patronization does not arise. [Para 28)[216-El<' I
1.2 The perception of any individual or group or organization
or system treating a woman with inequity, indignity, inequality m·
any kind of discrimination is constitutionally impermissible. The
historical perception has to be given a prompt burial. Female
foeticide is conceived by the society that definitely includes the
parents because of unethical perception of life nnd nonchalant
attitude towards law. The society that treats man and woman with
cq ual dignity shows the reflections of a progressive nnd civilized
society. To think that a woman should think what a man or a society
wants her to think, tantamounts to slaughtering her choice, and
definitely a humiliating act. When freedom of free choice is
allowed within constitutional and statutory parameters, others
cannot determine the norms as that would amount to acting in
derogation of law. Decrease in the sex ratio is a sign of colossal
calamity and it cannot be

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[2016] 8 S.C.R. 192
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VOLUNTARY HEALTH ASSOCIATION OF PUNJAB
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Y.
UNION OF INDIA AND OTHERS
(Writ Petition (Civil) No. 349 of2006)
NOVEMBER 08, 2016
[DIPAK MISRA AND SHIVA Km.TI SINGH, JJ.]
Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 199./ - Pre-Conception and
Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)
Rules, 1996 - Proper i111ple111entation of the Act and the RulesSought by filing writ petition u/Art. 32 of the Constitution - Supre111e
Court by its order dated ./.3.2017 issued certain directions and
fi1rther directed the States to file their respective status reports -
From time to time also issued directions - Held: Despite the Scheme
of the Act and purpose of the various provisions and also the Rules
framed under the Act, the dropping of sex ratio still remains a social
ajjliction and a disease - Therefore. in addition to the directions
issued earlie1; certai11 direc1io11s issued.
Pre-Co11ception a11d Pre-Natal diagnostic Techniques
(Prohibitio11 of Sex Seleclion) Act, 199./ - ss. 3-A, ./, 5, 6, 7, 16, 17,
20, 23, 25, 27 and 30 - Pre-Conception and Pre-Natal Diagnostic
Techniques (Prohibilion <~l Sex Selection) Rules, 1996 - rr. 9(./), JO
and Fomt "F" - Misuse and 11'1'011g illfe11Jretation of the provisions,
hy a11t/1orilies concerned - Alleged hy Indian Afedical Associalion
in ils petilio11 u!Art. 32 of the Co11slitutio11 - Prayed j(Jr jiwning
appropriate guidelines and safeguard parameters, providing for
classification of offences, so as to prohibit misuse of the Act - Also
prayed/or adding certain provisos/exceptions toss. 7, 17, 23 and
1: 9 - Held: -Averments of present nature with such prayers are not
entertainable - Whenever there is abuse of process of law, the
individual is .fi·ee to avail the legal remedy.
Crime Against Women - Female child foeticide - Held: When
a female foetus is destroyed through artificial means ll'hich is legally
impermissible, the dignity of life of woman to be born, is extinguished.
Comtitution of India - Right to equality - A female child is
192
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION
J 93
OF INDIA
entitled to enjoy equal right that a male child is allowed to have -
A
The perception of any individual or group or organization or system
treating a woman with inequity, indignity, inequality or any kind of
discrimination is constitutionally impermissible.
Disposing of the Writ Petition (Civil) No. 349 of 2006 and
dismissing Writ Petition (Civil) No. 575 of 2014, the Court
B
HELD:
Writ Petition (Civil) No. 349 of 2006:
1.1 A female child is entitled to enjoy equal right that a
male child is allowed to have. The constitutional identity of a female
child cannot be mortgaged to any kind of social or other conce11t
that has developed or is thought of. It docs not allow any room
for any kind of compromise. It only permits affirmative steps that
arc constitutionally postulated. When rights arc conferred by the
Constitution, it has to be understood that such rights are
recognised regard being had to their naturalness and
universalism. No one, endows any right to a female child or, for
that matter, to a woman. The q ucstion of any kind of
condescension or patronization does not arise. [Para 28)[216-El<' I
1.2 The perception of any individual or group or organization
or system treating a woman with inequity, indignity, inequality m·
any kind of discrimination is constitutionally impermissible. The
historical perception has to be given a prompt burial. Female
foeticide is conceived by the society that definitely includes the
parents because of unethical perception of life nnd nonchalant
attitude towards law. The society that treats man and woman with
cq ual dignity shows the reflections of a progressive nnd civilized
society. To think that a woman should think what a man or a society
wants her to think, tantamounts to slaughtering her choice, and
definitely a humiliating act. When freedom of free choice is
allowed within constitutional and statutory parameters, others
cannot determine the norms as that would amount to acting in
derogation of law. Decrease in the sex ratio is a sign of colossal
calamity and it cannot be allowed to happen. Concrete steps have
to be taken to increase the same so that invited social disasters
do not befall on the society. The present generation is expected
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(2016) 8 S.C.R.
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to be responsible to the posterity and not to take such steps to
sterilize the birth rate in violation of law. The societal perception
has to be metamorphosed having respect to legal postulates. [Para
34][221-E-H]
1.3 When a female foetus is destroyed through artificial
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means which is legally impermissible, the dignity of life of a
woman to be born is extinguished. It corrodes the human values.
The Legislature has brought a complete code and it subserves
the constitutional purpose. [Para 29][216-G]
1.4 Despite the scheme of the Act and the purpose of the
c various provisions and also the Rules framed under the Act, the
dropping of sex ratio still remains a social affliction and a disease.
[Para 32)[219-C-D]
1.5 It would be appropriate to issue the following directions
in addition to the directions issued in the earlier order:-
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(a) All the States and the Union Territories in India shall
maintain a centralized database of civil registration records from .
all registration units.
(b) The information that shall be displayed on the website
shall contain the birth information for each District, Municipality,
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Corporation or Gram Panchayat so that a visual comparison of
boys and girls born can be immediately seen.
(c) The statutory authorities if not constituted, as envisaged
under the Act, shall be constituted forthwith and the competent
anthorities shall take steps for the reconstitution of the statutory
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bodies so that they can become immediately functional after expiry
of the term. That apart, they shall meet regularly so that the
provisions of the Act can be implemented in reality and the
effectiveness of the legislation is felt and realized in the society.
(d) The provisions contained in Sections 22 and 23 shall be
G strictly adhered to. Section 23(2) shall be duly complied with and
it shall be reported by the authorities so that the State Medical
Council takes necessary action after the intimation is given under
the said provision. The Appropriate Authorities who have been
appointed under Sections 17(1) and 17(2) shall be imparted
H periodical training to carry out the functions as required under
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION
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OF INDIA
various provisions of the Act.
(e) If there has been violation of any of the provisions of
the Act or the Rules, proper action has to be taken by the
authorities under the Act so that the legally inapposite acts are
immediately curbed.
(t) The Courts which deal with the complaints under the
Act shall be fast tracked and the concerned High Courts shall
issue appropriate directions in that regard.
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(g) The judicial officers who are to deal with these cases
under the Act shall be periodically ir.1parted training in the Judicial
Academies or Training Institutes, as the case may be, so that C
they can be sensitive and develop the requisite sensitivity as
projected in the objects and reasons of the Act and its various
provisions and in view of the need of the society.
(h) The Director of Prosecution or, if the said post is not
there, the Legal Remembrancer or the Law Secretary shall take
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stock of things with regard to the lodging of prosecution so that
the purpose of the Act is subservcd.
(i) The Courts that deal with the complaints under the Act
shall deal with the matters in promptitude and submit the
quarterly report to the High Courts through the concerned
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Sessions and District Judge.
(j) The Chief Justices of each of the High Courts are
requested to constitute a Committee of three Judges that can
periodically oversee the progress of the cases.
(k) The awareness campaigns with regard to the provisions
of the Act as well as the social awareness shall be undertaken as
per the direction No 9.8 in the order dated March 4, 2013 passed
in *Vo/1111/(lry Health Associatio11 of Punjab case.
(I) The State Legal Services Authorities of the States shall
give emphasis on this campaign during the spread of legal aid
and involve the para-legal volunteers.
(m) The Union of India and the States shall sec to it that
appropriate directions are issued to the authorities of All India
Radio and Doordarshan functioning in various States to give wide
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[2016] 8 S.C.R.
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publicity pertaining to the saving of the girl child and the grave
dangers the society shall face because of female foeticide.
(n) All the appropriate authorities including the States and
districts notified under the Act shall submit quarterly progress
report to the Government of India through the State Government
B and maintain Form II for keeping the information of all
registrations readily available as per sub-rule 6 of Rule 18A of
the Rules.
(o) The States and Union Territories shall implement the
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition
c of Sex Selection) (Six Months Training) Rules, 2014 forthwith
considering that the training provided therein is imperative for
realising the objects and purpose of this Act.
(p) As the Union of India and some States framed incentive
schemes for the girl child, the States that have not framed such
o schemes, may introduce such schemes. [Para 33)(219-C-II; 220A-H; 221-A-DJ
Ajit Savant Majagvai v. State of Karnataka (1997)
7 SCC 110 : 1997 (3) Suppl. SCR 444; Centre for
Enquiry into Health & Allied Themes (CEHAT) and Ors.
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v. Union of India and Ors. (2001) 5 SCC 577 : 2001
(3) SCR 534; Center for EnquilJ' into Health & Allied
Themes (CEHAT) and Ors. i: Union lif India and Ors.
(2003) 8 SCC 398 : 2003 (3) Suppl. SCR 593; Volumary
Health Association of Punjab v. Union of India and
Ors. (2013) 4 SCC 1 : 2013 (5) SCR 111 - referred to.
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Writ Petition (Civil) No. 575 of 2014:
2. Whenever there is an abuse of the process of the law,
the individual can always avail the legal remedy. Neither the
G validity of the Act nor the Rules has been specifically assailed in
the writ petition. What has been prayed is to read out certain
provisions and to acid certain exceptions. The averments of the
present nature with such prayers cannot be entertained. [Para
36)(223-A-B]
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VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION
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Case Law Reference
1997 (3) Suppl. SCR 444
referred to
2001 (3) SCR S34
referred to
2003 (3) Suppl. SCR S93
refcned to
2013 (S) SCR 111
referred to
Para4
Paras
Paras
Paras
CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 349
of2006.
Under Article 32 of the Constitution of India
WITH
W. P. (C) No. 575 of 2014.
N.K. Kaul, ASG., Colin Gonsalves, Sr. Adv., Ranjit Rao, Dinesh
Chander Yadav, Suryanarayana Singh, Ajay Bansal, Mahaling Pandarge,
AAGs., Ms. Sodhika Sharma, Ms. Jyoti Mendiratta, Smarhar Singh,
Shantanu Sagar, Ms. Ruchi Kohli, Kapil Joshi, Arun S. Bhati, Ms. Manju
Jetley, S. Wasim A. Qadri, Ms. Binu Tamta, Ms. Sunita Shanna, S.S.
Rawat, Ms. Chanan Parwani, Bhuvan Mishra, Ajay Sharma, Zaid Ali,
Shadman Ali, Raj iv Singh, D.S. Mahra, A.P. Mayee, Pawan Shri Agarwal,
A. Selvin Raja, Abhisth Kumar, Ms. Archana Singh, Ravi Prakash
Mehrotra, Anil Kumar Jlia, R.K. Ojha, Anil Shrivastav, Rituraj Biswas,
Gopal Singh, Ms. Varsha Poddar, Anip Sachthey, Arun K. Sinha, Arv ind
Kumar Sharma, Sapam Biswajit Meitei, B. Khushbonsi, Z.H. Isaac
Haiding, Ashok Kumar Singh, Avijit Bhattacha1jee, Mrs. K. Enatoli Sema,
Edward Belho, Amit Kumar Singh, Balaji Srinivasan, B. Balaji, Santhosh
Kumar, B.S. Banthia, D. Mahesh Babu, Gaurav Kejriwal, Gopal Singh,
Chandan Kumar, Jatinder Kumar Bhatia, AtifSuhrawardy, Ms. Rachana
Srivastava, Jay Kishor Singh, Milind Kumar, P.N. Gupta, P.V. Dinesh,
T.L.V. Ramachari, K.V.L. Raghavan, Hitesh Kumar Sharma, Pragyan
Pradeep Sha1111a, Shikhar Garg, P.V. Yogeswaran, Ranjan Mukherjee,
Subhro Sanyal, A.S. Rishi, Dr. Sukhdev Sharma, Sanjay Kumar Visen,
Mrs. B. Sunita Rao, Shibashish Misra, Shriram P. Pingle, T. Harish Kumar,
T.V. George, V.G. Pragasam, Prabu Ramasubramanian, V. N.
Raghupathy, Sanjay Parikh, Ms. Ninni Susan Thomas, Ms. Marnia
Saxena, Ms. Anitha Shenoy, Ms. C.K. Sucharita, Ms. Vartika Sahay
(for Mis Corporate Law Group Andaman & Nicobar), K.V. Jagdishvaran,
Ms. G. Indira, Anurag Kashyap, Ms. Hemantika Wahi, Ms. Jesal Wahi,
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[2016] 8 S.C.R.
A Ms. Kamini Jaiswal, Ms. Pragati Neekhra, S.S. Shamshery,Amit Sharma,
Ms. Sushma Suri, Merusagar Samantaray, Gaurav Sharma, Prateek
Bhatia, V. Gaur, G.M. Kawoosa, Sunil Fernandes, Gaurav Yadava, Kuldip
Singh, Ram Naresh Yadav, S. Udaya Kumar Sagar, Krishna Kumar
Singh, Nishant Katneshwarkar, Ravi Prakash, Ms. Rimali Batra, Chandra
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Prakash, Joydeep Mazumdar, Parijat Sinha, Ms. Reshmi Rea Sinha, Rohit
Dutta, Mishra Saurabh, Ankit Kumar Lal, Ramesh Babu, Anupam Lal
Das, Sahil Monga, Guntur Prabhakar, Ms. Prerna Singh, Ms. Aruna
Mathur, Avneesh Arputham, Ms. AnuradhaArputham, Yusuf Khan (For
Arputham Aruna & Co.), M~. A. Subhashini, Rajesh Srivastava,
Aruneshwar Gupta, Ms. Parul Bose, Advs. for the appearing parties.
The Judgment of the Court was delivered by
DIPAK MISRA, J. I. The two writ petitions being interconnected in certain aspects were heard together and are disposed of
by the singular order. We shall first deal with the grievance agitated in
Writ Petition (Civil) No. 349 of2006 and thereafter advert to what has
D been asserted in the other writ petition. Be it stated immediately that the
issues raised in Writ Petition (Civil) No. 349 of2006 are not agitated for
the first time, for they had been raised on earlier occasions and dealt
with serious concern and solemn sincerity. It is because they relate to
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the very core of existence of a civilized society, pertain to the progress
of the human race, and expose the maladroit efforts to throttle the right
of a I ife to feel the mother earth and smell its fragrance. And, if we
allow ourselves to say, the issues have been highlighted with sincere
rhetorics and balanced hyperboles and ring the alarm of destruction of
humanity in the long run. It is not a group prophecy, but a significant
collective predication. The involvement of all is obvious, and it has to
be. The heart of the issue that is zealously projected by the petitioner is
the increase of female foeticide, resultant imbalance of sex ratio and the
indifference in the implementation of the stringent law that is in force. In
essence, the fulcrum of the anguished grievance lays stress on the nonimplementation of the provisions of The Pre-conception and Pre-natal
Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for
brevity "the Act") and The Pre-conception and Pre-natal Diagnostic
Techniques (Prohibition of Sex Selection) Rules, 1996 (for short "the
Rules") framed under the Act by the competent authorities who are
obliged to do so.
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION
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OF INDIA [DIPAK MISRA, J.]
2. The grievance has a narrative, and it needs to be stated.
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3. Realising the rise of pre-natal diagnostic centres in urban areas
of the country using pre-natal diagnostic techniques for detennination of
sex of the foetus and that the said centres had become very popular and
had tremendous growth, as the female child is not welcomed with open
arms in many Indian families and the consequence that such centres
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became centres for female foeticide which affected the dignity and status
of women, the Parliament brought in the legislation to regulate the use of
such techniques and to provide punishment for such inhuman act. The
objects and reasons of the Act stated unequivocally that it was meant to
prohibit the misuse of pre-natal diagnostic techniques for determination c
of sex of the foetus, leading to female foeticide; to prohibit advertisement
of pre-natal diagnostic techniques for detection or determination of sex;
to permit and regulate the use of pre-natal diagnostic techniques for the
purpose of detection of specific genetic abnormalities or disorders; to
permit the use of such techniques only under certain conditions by the
registered institutions; and to punish for violation of the provisions of the
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proposed legislation. The Preamble of the Act provides for the prohibition
of sex selection before or after conception, and for regulation of prenatal diagnostic techniques for the purposes of detecting genetic
abnormalities or metabolic disorders or chromosomal abnormalities or
certain congenital malformations or sex-linked disorders and for the
prevention of their misuse for sex detennination leading to female foeticide
and for matters connected therewith or incidental thereto. Be it noted
when the Act came into force, it was named as the Pre-natal Diagnostic
Techniques (Regulation and Prevention of Misuse) Act, 1994 and after
the amendments in 2001 and 2003, in the present incarnation, it is called
The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition
of Sex Selection) Act, 1994.
4. As the violence and cruelty meted out to women gradually got
revealed due to rights and protections prescribed under various legislations,
the Court perceived the magnitude of the crime. Such a situation
compel Jed this Court, in Ajit S"vant Majagvai v. State of Karnataka
1
,
while dealing with the physical violence, torture, mental cruelty and murder
of the female particularly the wife, to comment on the degeneration of
relationship and the prevalent atmosphere by observing that:-
"3. Social thinkers, philosophers, dramatists, poets and
1 <1997) 1 sec 110
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writers have eulogised the female species of the human
race and have always used beautiful epithets to describe
her temperament and personality and have not deviated from
that path even while speaking of her odd behaviour, at times.
Even in sarcasm, they have not crossed the literary limit
and have adhered to a particular standard of nobility of
language. Even when a member of her own species,
Madame De Stael, remarked "I am glad that I am not a
man; for then I should have to marry a woman", there was
wit in it. When Shakespeare wrote, "Age cannot wither
her; nor custom stale, her infinite variety", there again was
wit. Notwithstanding that these writers have cried hoarse
for respect for "woman", notwithstanding that Schiller said
"Honour women! They entwine and weave heavenly roses
in our eat1hly life" and notwithstanding that the Mahabharata
mentioned her as the source of salvation, crime against
"woman" continues to rise and has, today undoubtedly, risen
to alarming prop011ions.
4. It is unfortunate that in an age where people are described
as civilised, crime against "female" is committed even when
the child is in the womb as the "female" foetus is often
destroyed to prevent the birth ofa female child. If that child
comes into existence, she starts her I ife as a daughter, then
becomes a wife and in due course, a mother. She rocks the
cradle to rear up her infant, bestows all her love on the
child and as the child grows in age, she gives to the child all
that she has in her own personality. She shapes the destiny
and character of the child. To be cruel to such a creature is
unthinkable."
f Emphasis addedl
5. We may repeat, the aforestated observation though made totally
in a different context but nonetheless, it seemly stated the marrow of the
problem. Needless to emphasise, the predicament with regard to female
foeticide by misuse of modern science and technology has aggravated
and enormously affected the sex ratio. To eradicate the malady, the
Parliament, as stated earlier, had enacted the Act. In the first year of
this century, a petition under Article 32 was moved for issuing directions
to implement the provisions of the said Act by (a) appointing appropriate
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 201
OF INDIA [DIPAK MISRA, J.]
authorities at State and district levels and the Advisory Committees; (b)
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issuing direction to the Central Government to ensure that the Central
Supervisory Board meets every 6 months as provided under the PNDT
Act; and for banning of all advertisements of prenatal sex selection
including all other sex-determination techniques which can be abused to
selectively produce only boys either before or during pregnancy. A twoB
J udge bench in Center for Enquiry into Ilea/111 & Allied Tltemes
(CEHAT) mu/ others v. Union of India and others: and Center for
Enquiry into Ilea/th & Allied Themes (CEIIAT) mu/ others v. Union
of India mu/ others; on 04.05.200 I issued ce11ain directions. Apa11
from the directions contained in the said orders, the Court, while finally
disposing of the writ petition, issued the following directions:-
"(a) For effective implementation of the Act, information
should be published by way of adve11isements as well as
on electronic media. This process should be continued till
there is awareness in the public that there should not be
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any discrimination between male and female child.
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(b) Quarterly reports by the appropriate authority, whiCh
are submitted to the Supervisory Board should be
consolidated and published annually for information of the
public at large.
(c)Appropriate authorities shall maintain the records of all
the meetings of the Advisory Committees.
(d) The National Inspection and Monitoring Committee
constituted by the Central Government for conducting
periodic inspection shall continue to function till the Act is
effectively implemented. The rep011s of this Committee be
placed before the Central Supervisory Board and State
Supervisory Boards for any further action.
(c) As provided under Rule 17(3), the public would have
access to the records maintained by different bodies
constituted under the Act.
(f) The Central Supervisory Board would ensure that the
following States appoint the State Supervisory Boards as
per the requirement of Section 16-A: I. Delhi, 2. Himachal
' (2001) s sec 577
' (2003) s sec 398
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Pradesh, 3. Tamil Nadu, 4. Tripura, and 5. Uttar Pradesh.
(g)As per the requirement of Section I 7(3)(a), the Central
Supervisory Board would ensure that the following States
appoint the multi-member appropriate authorities: I.
Jharkhand, 2. Maharashtra, 3. Tripura, 4. Tamil Nadu, and
5. Uttar Pradesh. It will be open to the pa1ties to approach
this Court in case of any difficulty in implementing the
aforesaid directions''.
6. Despite the directions issued by the Cou1t, there had not been
C proper implementation and that compelled the present petitioner, namely,
Voluntary Health Association of Punjab to file the present Writ Petition
seeking various directions. The Court on 08.01.2013 took note of the
fact that the provisions had not been adequately implemented by the
various States and Union Territories and accordingly directed for personal
D appearance of the Health Secretaries of the States of Punjab, Haryana,
NCT of Delhi, Rajasthan, Uttar Pradesh, Bihar and Maharashtra, to
examine what steps they had taken for the proper and effective
implementation of the provisions of the Act as well as the various
directions issued by this Cou1t.
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7. At a later stage, a reference was made to 2011 Census of India
to highlight there had been a sharp decline in the female sex ratio in
many States. It was also observed that there had been no effective
supervision or follow-up action so as to achieve the object and purpose
of the Act. It was observed that mushrooming of various sonography
centres, genetic clinics, genetic counselling centres, genetic laboratories,
F ultrasonic clinics, imaging centres in almost all parts of the country called
for more vigi I and attention by the authorities under the Act. The Court
also found that their functioning was not being properly monitored or
supervised by the authorities under the Act or to find out whether they
are misusing the pre-natal diagnostic techniques for determination of
G sex of foetus leading to foeticide.
H
8. A reference was made to various facets of the Act and the
Rules and ultimately the Court in Voluntary Health Association of
Punjab v. Union of India mu/ others' issued the following directions:-
'(2013) 4 sec 1
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 203
OF INDIA [DIPAK MISRA, J.]
"9.1. The Central Supervisory Board and the State and
Union Territories Supervisory Boards, constituted under
Sections 7 and 16-A of PN & PNDT Act, would meet at
least once in six months, so as to supervise and oversee
how effective is the implementation of the PN & PNDT
Act.
9 .2. The State Adviso1y Committees and District Advisory
Committees should gather infonnation relating to the breach
of the provisions of the PN & PNDT Act and the Rules
and take steps to seize records, seal machines and institute
legal proceedings, if they notice violation of the provisions
of the PN & PNDT Act.
9.3. The committees mentioned above should repo11 the
details of the charges framed and the conviction of the
persons who have committed the offence, to the State
Medical Councils for proper action, including suspension of
the registration of the unit and cancellation of licence to
practice.
9 .4. The authorities should ensure also that all genetic
counselling centres, genetic laboratories and genetic clinics,
infertility clinics, scan centres, etc. using pre-conception
and pre-natal diagnostic techniques and procedures should
maintain all records and all forms, required to be maintained
under the Act and the Rules and the duplicate copies of the
same be sent to the district authorities concerned, in
accordance with Rule 9(8) of the Rules.
9.5. States and District Advisory Boards should ensure that
all manufacturers and sellers ofultrasonography machines
do not sell any machine to any unregistered centre, as
provided under Rule 3-A and disclose, on a qua11erly basis,
to the State/Union Territory concerned and the Central
Government, a list of persons to whom the machines have
been sold, in accordance with Rule 3-A(2) of the Rules.
9.6. There will be a direction to all genetic counselling
centres, genetic laboratories, clinics, etc. to maintain Forms
A, E, Hand other statutory forms provided under the Rules
and if these forms are not properly maintained, appropriate
A
B
c
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E
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SUPREME COURT REPORTS
[2016] 8 S.C.R.
A
action should be taken by the authorities concerned.
B
c
D
E
F
9.7. Steps should also be taken by the State Government
and the authorities under the Act for mapping ofall registered
and unregistered ultrasonography clinics, in three months'
time.
9.8. Steps should be taken by the State Governments and
the Union Territories to educate the people of the necessity
of implementing the provisions of the Act by conducting
workshops as well as awareness camps at the State and
district levels.
9.9. Special cell be constituted by the State Governments
and the Union Territories to monitor the progress of various
cases pending in the cou1ts under the Act and take steps
for their early disposal.
9.10. The authorities concerned should take steps to seize
the machines which have been used illegally and contrary
to the provisions of the Act and the Ru I es thereunder and
the seized machines can also be confiscated under the
provisions of the Code of Criminal Procedure and be sold,
in accordance with law.
9.11. The various courts in this country should take steps to
dispose of all pending cases under the Act. within a period
of six months. Communicate this order to the Registrars of
various 1-1 igh Courts, who wi II take appropriate fol low-up
action with due intimation to the cotuts concerned."
A further direction was given to file the Status Report within a
period of three months. It is apt to note here that in the concurring op in ion
Dipak Misra, J. only highlighted certain aspects that pertained to direction
contained in paragraph 9.8.
9. We may profitably reproduce certain passages from the
G concurring opinion:-
H
"14. Female foeticide has its roots in the social thinking
which is fundamentally based on certain erroneous notions,
egocentric traditions, perve1ted perception of societal norms
and obsession with ideas which are totally individualistic
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION
205
OF INDIA [DIPAK MISRA, J .)
sans the collective good. All involved in female foeticide
deliberately forget to realise that when the foetus of a girl
child is destroyed. a woman of the future is crucified. To
put it differently, the present generation invites the sufferings
on its own and also sows the seeds of suffering for the
future generation, as in the ultimate eventuate, the sex ratio
gets affected and leads to manifold social problems. I may
hasten to add that no awareness campaign can ever be
complete unless there is real focus on the prowess of women
and the need for women empowerment.
x
x
x
x
·x
19. A woman has to be regarded as an equal partner in the
life of a man. It has to be borne in mind that she has also
the equal role in the society i.e. thinking, participating and
leadership.
x
x
x
x
x
21. When a female foeticide takes place, every woman
who mothers the child must remember that she is killing
her own child despite being a mother. That is what abortion
would mean in social terms. Abortion of a female child in
A
B
c
D
its conceptual eventuality leads to killing of a woman. Law
E
prohibits it; scriptures forbid it; philosophy condemns it; ethics
deprecate it, morality decries it and social science abhors
it. Henrik Ibsen emphasised on the individualism of woman.
John Milton treated her to be the best of all God's work. In
this context, it will be appropriate to quote a few lines from
Democracy in America by Alexis de Tocqueville:
F
"If I were asked ... to what the singular prosperity and
growing strength of that people [Americans] ought mainly
to be attributed, I should reply: To the superiority of their
women."
x
x
x
x
x
32. A cosmetic awareness campaign would never subserve
the purpose. The authorities of the Government, the nongovernmental organisations and other volunteers are
required to remember that there has to be awareness camps
G
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SUPREME COURT REPORTS
[2016] 8 S.C.R.
which are really effective. The people involved with the
same must take it up as a service, a crusade. They must
understand and accept that it is an art as well as a science
and not simple arithmetic. It cannot take the colour of a
routine speech. The awareness camps should not be
founded on the theory of Euclidian geometry. It must engulf
the concept of social vigilance with an analytical mind and
radiate into the marrows of the society. If awareness
campaigns are not appositely conducted, the needed
guidance for the people would be without meaning and things
shall fall apart and everyone would try to take shelter in
cynical escapism.
33. It is difficult to precisely state how an awareness camp
is to be conducted. It will depend upon what kind and strata
of people are being addressed to. The persons involved in
such awareness campaign are required to equip themselves
with constitutional concepts, culture, philosophy, religion,
scriptural commands and injunctions, the mandate of the
law as engrafted under the Act and above all the
development of modern science. It needs no special
emphasis to state that in awareness camps while the
deterrent facets oflaw are required to be accentuated upon,
simultaneously the desirability of law to be followed with
spiritual obeisance, regard being had to the purpose of the
Act, has to be stressed upon. The seemly synchronisation
shall bring the required effect. That apart, documentary
films can be shown to highlight the need; and instil the idea
in the mind of the public at large, for when the mind becomes
strong, mountains do melt.
34. The people involved in the awareness campaigns should
have boldness and courage. There should not be any iota
of confusion or perplexity in their thought or action. They
should treat it as a problem and think that a problem has to
be understood in a proper manner to afford a solution. They
should bear in mind that they are required to change the
mindset of the people, the grammar of the society and
unacceptable beliefs inherent in the populace."
I 0. As directed in the judgment, the matter was listed and certain
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 207
OF INDIA [DIPAK MISRA, J.]
clarifications were sought for by the Union of India with regard to the
directions vide direction Nos. 2, 3, 4 and 6 pointing out thatthe authorities
mentioned in direction No. 2 should also include appropriate authority
under Section 17 and Section 17 A of the Act. With regard to direction
No. 6, it was submitted that instead of Forms A, E and H, Forms A, D, F,
G & H be substituted. The said prayers were allowed and the States
were directed to file their respective status report.
11. On 16.9.2014 the Court took note of the directions already
issued and proceeded to deal with I.A. No. 11 of2013 and recorded the
submission of Mr. Sanjay Parikh, learned counsel that the Union of India
has to animate itself in an appropriate manner to see that the sex ratio is
maintained and does not reduce further. It was also urged by him that
the Central Supervision Committee which is required to meet to take
stock of the situation and the National Monitoring Committee who is
required to monitor the activities, had failed in their duties.
12. Mr. Parikh had also drawn the attention of the Court to the
proviso to Section 4(3) of the Act which reads as follows:-
"4. Regulation of pre-natal diagnostic techniques.-On and
from the commencement of this Act,- ( 1) ... (2) ... (3)
A
B
c
D
Provided that the person conducting ultrasonography on a
E
pregnant woman shal 1 keep complete record thereof in the
clinic in such manner, as may be prescribed, irnd any
deficiency or inaccuracy found therein shall amount to
contravention of the provisions of section 5 and section 6
unless contrary is proved by the person conducting such
ultrasonography."
F
13. It was propounded by him that the concerned authorities have
not acted in accordance with the aforesaid provision in all seriousness
as a result of which the nation has faced the disaster of female foeticide.
On that day, Mr. Colin Gonsalves, learned senior counsel appearing for
the writ petitioner had drawn our attention to the affidavit filed by the
petitioner contending, inter a/ia, that the sex ratio in most of the States
had decreased and in certain States, there had been a minor increase,
but the same is not likely to subserve the aims and objects of the Act.
After referring to the history of this litigation which has been continuing
in this Court since long, he had submitted that certain directions are
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[2016] 8 S.C.R.
A required to be issued.
14. The Union of India was directed to file an affidavit of the
Additional Secretary of Health and/or any other concerned Additional
Secretary clearly stating what steps had been taken and on the basis of
the steps taken, what results have been achieved. It was also directed
B that all the States shall file their responses through the concerned Health
Secretaries. The direction further contained that the affidavits shall be
comprehensive and must reflect sincerity and responsibility.
15. On 25.11.2014 the Court noted that affidavits by certain States
had been filed and certain States, namely, Assam, Arunachal Pradesh,
c
Bihar, Goa, Gujarat, Kerala, Madhya Pradesh, Meghalaya, Mizoram,
Odisha, Tripura, and UT of Daman and Nagar Haveli and Puducherry
had not filed the affidavits. Two weeks time was granted to file the
necessary affidavits. At that juncture, it was thought appropriate to
adve11 to the States by dividing them into certain clusters. I twas decided
to deal with the situation pertaining to the States of Uttar Pradesh,
D Haryana and NCT of Delhi first. The affidavit filed by the State of
Uttar Pradesh was considered and in that context it was observed that
the census conducted in 2011 cannot be the guideline for the purposes of
PC-PNDT Act. It was felt that a different methodology was required to
be adopted by the State. Paragraph 28 of the affidavit, which is of
E
significance, is extracted below:-
"28. That it is pertinent to mention herein that according to
"ANNUAL HEALTH SURVEY (AHS)" for the year
20 I 0-11, 2011-12 and 2012-13, improvement has been
revealed in the State in respect of Sex Ratio At Birth, Sex
F
Ratio of Child (0 to 04 years age) and Sex Ratio in all age
group, which is clear with the table given below:
G
H
Yem
of Sex Ratio
Sex Ratio
Sex Ratio
Annual
(at birth)
(0 to 4 ]'<~ms (In all ages)
H~alth Survey
of
2010-11
904
913
9.\3
.:011-12
90S
914
944
2012-13
9~1
919
9.\6
It is necessary to mention here that on a query being made by the
Court, learned counsel for the State was not in a position to explain on
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 209
OF INDIA [DIPAK MISRA, J.]
what basis the said figures had been arrived at, for the same was not A
reflectible from the assertions made in the affidavit.
16. As far as the State of l-laryana is concerned, the cha1t given
in paragraph 15 of the affidavit indicated district-wise and month-wise
sex ratio of births during the year 2014. It is as follows:-
I "District wise and month wise Sex Ratio at Birth during year 2014 in Haryana State
1 as per CRS (Prov)
IS
District
Up
to Up
to Up to Up to Up to I Up to
I r.
!No
Jan.14
Ftb.14
Mar
Aptil
?vlav I June
I •
14 . I 14
I
14 !u
i 1
!
Ambala
1012
993
959
939
913 i 910
ii
Bhiwani
824
812
843 \ 848
846
i 832
l""
!
!3
Faridabad
929
892
889
884
890 I s90
14
I Fatehabad
859
898
890
888
886
8i4
\ 5 I Gurgaon
829
856
851 i 854
855 I s39
/6
Hissar
892
872
883
SIS
885
) 880
i7
Jhaiiar
797
793
793
801
800 i 811
/8
Jind
886
876
878
911
915
\ 899
/9
Kaithal
953
921
920
928
927
918
110
I
Kamal
911
899
888
881
889
894
111
Kurukshetra
956
904
900
892
890
888
!p
! •
Mewat
920
942
9'1
j.
923
920
919
) 13
Mohindergarh
i77
776
797
786
782
J 770
J 14
J Palwal
867
1871
871 I 871
i
Si6
815 .
i 1'
i • I Panchk"11la
853
i 837
860 \ 914
902 i 914
/ 16
Panpat
924
931
915
904
903 I 895
'
J 17
Rewari
856
! 850
849
822
816 I 806
j 18
Rohtak
894
884
865
I 863
859
! 889
j 19
Sirsa
897
S72
879
885
892
886
! 20
I
i Sonepat
859
I ss~
850
j 838
834
8".
I J)
! 11
Yamuna na!!a
903
i 940
916
\ 897
894
\ 869
\·
,,
I
Haryana State
SS9
884
881
! SiS
878
' Si4"'
i
l '
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SUPREME COURT REPORTS
[2016] 8 S.C.R.
A
Nothing had been filed stating as to how the aforesaid figures had
B
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been reached except making a statement that the figures were arrived
at on the basis of entry in certain registers.
17. On a perusal of the affidavit by the NCT of Delhi, it was
noted that in paragraph 5, it had been stated, thus:-
''5. It is submitted that Sex Ratio at Birth in Delhi, which is
a reliable indicator of violations under the PC & PNDT
Act, has improved by 9 points in 2013 over the previous
year. The data available from Civil Registration System
indicates that Sex Ratio at Birth was 809 females per I 000
males in the year 200 I and it is currently at 895 in 2013
Annexure R-1."
. 18. At that stage, the Court felt the need for verification of the
documents that formed the basis on which these figures had been reached.
It was also clarified that the figures that had been put forth did not show
much indication of improvement but it was necessary to verify whether
the figures that had been set forth was correct or not.