The Supreme Court has issued a notice to the Centre on a petition seeking modifications in the Pre-Natal Diagnostic Tests (Restrictions and Regulations) (PNDT) Act, saying the implementational excesses by authorities under the guise of apex court orders have put pregnant women's healthcare in jeopardy. The bench, comprising Justice M B Shah and Justice D M Dharmadhikari, after issuing notice, directed impediment of the NGO, Cehat, in the petition and posted the matter for further hearing after six weeks.
The bench issued the notice after hearing arguments from counsel Kapil Sibal and B B Sawhney on public interest litigation (PIL) filed by the Indian Radiological and Imaging Association (IRIR).
Sibal contended that radiologists across the country were not averse to the Supreme Court's order that whosoever had a ultrasound clinic should be registered with the authorities to prevent their illegal use for determination of the sex of the foetus leading generally to female foeticide.
He said Section 4(2) of the PNDT Act provided for certain purposes for which the ultrasonography machines could be used though none of the abnormalities listed under the section could be determined through ultrasound. Sibal contended that the end result was that no ultrasound could be performed on any pregnant woman howsoever grave her condition.
The counsel for IRIR said due to this pregnant women in India were being deprived of a wide range of routine, preventive and beneficial diagnosis widely recognised and accepted in advanced countries.