In order to facilitate the government in finding out the clinics where sex determination tests were illegally conducted, the Supreme Court had summoned the health secretaries of 11 major states of Punjab, Haryana, Delhi, Bihar, Uttar Pradesh, Gujarat, Maharashtra, Andhra Pradesh, Kerala, Rajasthan and West Bengal and issued notices to five multi-national Philips, Symonds, Toshiba, Larsen & Toubro and Wipro GE who are the major suppliers of ultrasound machines in the country.
The direction came when it was noticed by the court that its orders for registration of ultrasound clinics and prosecution of those resorting to illegal sex-determination tests have not been implemented.
The health secretaries of these states have been asked to present personally on January 29 to explain the steps taken by their states towards the implementation of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) (PNDT) Act, 1994. On the plea of solicitor general Harish N Salve, the court issued notice to multinationals to give the names and addresses of the clinics and persons in India to whom they sold these machines in the last five years to help the government find out whether these clinics or persons were registered under the Act. Considering the importance of the matter, the Apex Court feels that it would be desirable for the Centre to frame appropriate rules with regard to sale of such machines to unregistered clinics.
The Bench also directed each state to provide the district-wise data of the ultrasound clinics as well as publicise the constitution of district advisory committees. Under the Act, people having grievance could approach these committees, who could then order prosecution of the erring clinics. Expressing serious doubts about the officers' willingness to implement the Act, a Bench comprising Justice M B Shah, Justice B N Agrawal and Justice Arijit Pasayat have directed the health secretaries to be present before the court for non-compliance of the order.
The significant order came during the hearing of a public interest litigation filed by the Centre for Enquiry Into Health and Allied Themes (CEHAT) activist Sabu George and the Mahila Sarvangeen Utkarsh Mandal (MAUSAM) alleging that the male-female ratio in the country was dropping alarmingly due to the unchecked practice of determining the sex of a foetus, which invariably resulted in female foeticide.
Petitioner's counsel Indira Jaisingh said that from the affidavits filed by the states it was evident that though there was large number of ultrasound clinics, very few have been registered and no action has been taken against the erring and unregistered ones. Union health ministry's counsel Krishan Mahajan cited that the state health departments were not responding and showed no interest in implementing the court orders despite necessary warnings given by the ministry.