In a far reaching judgement, the Supreme Court has asked the states and Union Territories to take action against clinics indulging in issuing advertisements in newspapers and other media for performing "abortions" and "sex determination tests". The judgement has thus made things somewhat difficult for clinics to conduct abortions and sex determination tests.
The Bench comprising Justice M.B.Shah and Justice Arun Kumar, delivered the judgement on a petition from CEHAT, a non government organisation, which claimed that advertisements for sex determination tests and abortions still appear in newspapers and other media. CEHAT was represented by its counsel, Sanjay Parikh. In its judgement the Bench observed that despite the ban orders passed by the court, most clinics continued with the advertisements for sex determination tests and abortions. The states, more so Gujarat, Maharasthra, Rajasthan and Delhi have been slack in curbing such menace, the Bench observed.
"The Bench is directing the competent authority of all states and Union Territories to take appropriate action against clinics continuing with advertisements as provided in our previous orders," the Bench observed while delivering the judgement.
CEHAT counsel had informed the court that the incidents of illegal use of ultrasound machines had been on the increase despite the ban on unregistered clinics using ultrasound machines. He submitted the indiscriminative use of ultrasound machines in carrying out sex determinations tests had resulted in an increase of female foeticide which had a direct bearing on the male female ratio. He further added that recent surveys in the Delhi, Punjab and some other states showed a decline in the male female ratio.