Court rejects plea on pre-natal test disclosures

Gandhinagar: The Gujarat High Court Monday rejected a petition seeking restoration of a 30-day time limit for sharing information with the authorities on the use of pre-natal diagnostic technique (PNDT) on a pregnant women as part of treatment.

The court had earlier reduced the time limit from 30 days to 10 days, with a view to reduce the possibility of misusing the technique for illegal sex determination.

The bench of Chief Justice S.J. Mukhopadhaya and Justice J.B. Pardiwala rejected the plea while hearing a case involving action by Sabarkantha district authorities against doctor A.A. Memon, whose PNDT equipment was sealed.

The district authorities came in appeal against a single judge's order claiming that he had not appreciated the fact that the prescribed time limit for informing the authorities about the PNDT test, conducted on a pregnant woman, was 30 days. The judge, in his order, ordered disclosure of this information within 10 days.

The division bench, while dismissing the appeal, noted that the single judge's order reducing the time limit could not be said to be "disadvantageous" and that "it would help the authorities".

The authorities raided the doctor's clinic and sealed sonography machines for alleged non-compliance of Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, and cancelled his registration with immediate effect.

When the matter was heard by the single judge, he issued various directions, one of which was that of disclosing information of such women who undergo PNDT as part of their treatment, to authorities within 10 days.


 

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