SC refuses to stay Centre's April 4 notification suspending rules in PCPNDT Act

On Monday, the Apex Court denied staying the Central Govt's April 4 notification that suspended operation of some rules in the Pre-Conception & Pre-Natal Diagnostic Techniques Act (PCPNDT), 1994, & issued notice to the Centre on a plea challenging the notification.

A bench headed by Justice UU Lalit, hearing a plea alleging that the notification could be misused by unscrupulous sections to conduct sex determination tests freely, said that the issue of female foeticide is important but the notification is valid till June 30 & was issued due to the Coronavirus pandemic where doctors' services are required.

The bench told the petitioner that "It is a national crisis right now. Services of doctors, nursing staff are required elsewhere. Their services need to be conserved... But we give you the liberty to approach us if the notification is renewed after June 30".

The Court posted the matter for further hearing in the third week of July while asking the Centre to file a response on the plea.

The plea filed by Sabu Mathew George, working for well- being of girl children for 35 years, said the notification dated April 4, suspended rules 8, 9(8) & 18 A (6) of the Pre-Conception & Pre-Natal Diagnostic Techniques Act (PCPNDT Act) & all these rules are to do with certain administrative procedures.

It said the Central Govt has "arbitrarily & selectively weakened a legislation aimed at curbing the pernicious activity of sex-selection & sex-determination".

The plea said, by suspending the Rules, the Central Govt has diluted the PCPNDT Act, & this will result in misuse of technology by unscrupulous individuals, who will no longer be deterred by the monitoring mechanism provided in the Rules.

It added that "Exempting these requirements will derail the PCPNDT Act, & will provide scope for its misuse by letting sex determination go unchecked. The quarterly reports permit course correction, especially where any illegality is being carried out. Exemption from these provisions or relaxation in submission timelines will provide an opportunity for unscrupulous individuals misusing technology".

Rule 8 of the PCPNDT Act pertains to the re-registration of genetic & ultrasound clinics whose licences are due to expire.

As per the new notification, those labs seeking a renewal of their licences wont be allowed to do so until June 30.
Meanwhile, Rule 18A(6) requires all appropriate authorities to submit a quarterly report to the government, as well as maintain records of all licenced practitioners under the law.

The third rule to be affected by the notification, rule 9(8), requires genetic & ultrasound clinics to submit a detailed report of pre-conception or pregnancy-related procedures & tests it has carried out to the appropriate authority -- usually a district medical officer -- by the 5th of every month.

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