Source: Allahabad High Court 

Why in News? 

Recently, the Allahabad High Court in the matter of Dr Brij Pal Singh v. State of Uttar Pradesh and Another has held that the Police cannot investigate under the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT) and only the Appropriate authority have the jurisdiction to take the cognizance of such cases. 

What was the Background of the Dr Brij Pal Singh v. State of Uttar Pradesh and Another Case? 

• In the present case, a report was filed in the police station that someone has secretly informed that in the Soba Ram Hospital, the sex identification of the foetus of the pregnant women has been done. 
• The object of such practice was to avoid the birth of a girl child. 
• It was suggested that to grab the doctors and associated person red handed a decoy pregnant woman to be sent. 
• Based on the secret information received the District Appropriate Authority under Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT) conducted the required proceedings. 
• A planning was done to catch the wrongdoers red handed. 
• The plan was successful, and the team reached the real doctor who was involved in all such activities who is the petitioner in the present case. 
• The instant First Information Report (FIR) was written by S.I. Subhash Singh on the dictation of Tehsildar and all the members of the police team have signed as witness to the said incident and a copy of the said report was also given to them. 
• A charge sheet was filed before the Chief Judicial Magistrate and the case was registered. 
• The petitioner filed an application for quashing of the entire proceedings of the criminal case as well as the summoning order before the Allahabad High Court. 
• The petitioner argued that the case registered under Section 28 of PCPNDT can only be filed before an appropriate authority and not in FIRs. 

What were the Court’s Observations? 

• The Allahabad High Court observed that that: 
  • The general procedure followed under the Code of Criminal Procedure, 1973 would not apply to the cases registered under PCPNDT. 
  • As per rule 18 of the PCPNDT Rules, 1996, when read with section 28 and Section 30 of the act, police authorities cannot be involved in the investigation procedure and such cases shall be tried as complaint cases. 
  • Magistrates can take the cognizance of the cognizance of such cases and even when the Police report is submitted when the complaint is made by an authorized person. 
• Therefore. The Allahabad High Court allowed the present application and quashed the criminal proceedings against the doctor.

What is Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT)? 

About: 

• The PCPNDT was enacted to prevent female foeticide and regulates the declining sex ratio in India. 
• Under this act the prenatal sex determination was banned.  

Objective: 

• To ban the use of sex selection techniques either before or after conception. 
• It is used to prevent misuse of prenatal diagnostic techniques for sex- selective abortion. 

Offences under the Act: 

• Conducting or aiding in prenatal diagnostic techniques in the facilities which were unregistered. 
• Any sale. Distribution, supply, renting etc of any ultrasound machine which can detect sex of the foetus. 

Power of Investigation & Arrest under the Act: 

• Under this act an Appropriate Authority have the power to investigate and arrest. 
• The appropriate authority does not have the power to arrest under this act. 
• The police have the authority to make an arrest under this act. 

Provisions Referred under the Present Case: 

• Meaning of Foetus: 
  • As per Section 2 (bc) of PCPNDT “foetus” means a human organism during the period of its development beginning on the fifty-seventh day following fertilization or creation (excluding any time in which its development has been suspended) and ending at the birth.
• Meaning of Pre-natal Diagnostic procedures: 
  • As per Section 2 (i) of PCPNDT “pre-natal diagnostic procedures” means all gynaecological or obstetrical or medical procedures such as ultrasonography, foetoscopy, taking or removing samples of amniotic fluid, chorionic villi, blood or any other tissue or fluid of a man, or of a woman for being sent to a Genetic Laboratory or Genetic Clinic for conducting any type of analysis or pre-natal diagnostic tests for selection of sex before or after conception.
• Cognizance of offences (Section 28):
  • Subsection (1) states that the court shall take the cognizance if the complaint made by:
    • Clause (a) states that the Appropriate Authority concerned, or any officer authorized in this behalf by the Central Government or State Government or the Appropriate Authority. 
    • Clause (b) states that a person who has given notice of not less than fifteen days in the manner prescribed, to the Appropriate Authority, of the alleged offence and of his intention to make a complaint to the court. 
  • Subsection (2) states that under this act the Metropolitan Magistrate or a Judicial Magistrate of the first class shall try the cases. 
  • Subsection (3) states that on demand by the parties under clause (b) of Subsection (1) then court may direct the appropriate authorities to make them available. 

Pre Natal-Techniques and Ethical Issues: 

• Violation of Rights and Human Dignity: Sex-selective abortion is a form of gender discrimination and violence against women that violates their right to life, dignity, and equality. 
• Undermines Dignity: It also undermines the value and dignity of human life and the diversity of human society. 
• Adds to Social Problems: It has adverse consequences for the society such as skewed sex ratio, increased trafficking and violence against women, reduced marriage prospects for men, etc. 
• Responsibility towards Unborn Child: It also raises moral questions about the use of prenatal diagnosis for non-medical purposes and the responsibility of parents and health care providers towards the unborn child. 
• Access to Healthcare: Prenatal diagnosis and sex-selective abortion can exacerbate existing health disparities and inequalities, particularly for marginalized communities who may have limited access to healthcare and information.