Order dated 20-1-2015
(Before Dipak Misra and Abhay Manohar Sapre, JJ.)
1. On the previous occasion i.e. 13-1-2015 (2014) 16 SCC 426 (M), we have dealt with the State of Uttar Pradesh and issued certain directions. Today, we intend to deal with the situation prevalent in the State of Haryana.
2. Mr Gonsalves, learned Senior Counsel appearing for the petitioner has submitted that the State of Haryana had produced the data before the Screening Committee as directed by this Court and the Committee has found the data furnished by the State to be correct but that does not really solve the problem.
3. The learned Senior Counsel would submit that the sex ratio in the State of Haryana has been constantly decreasing. The same is demonstrable from the chart given in the affidavit filed by the Additional Chief Secretary to Government of Haryana, Health Department. The worsening of sex ratio is a disturbing and a distressing problem as the same is likely to affect, in the ultimate eventuate, the human race as well as the civilisation in entirety. It is urged by Mr Gonsalves that despite the PC & PNDT Act and the Rules and Regulations framed thereunder for preventing the sex selection, yet maladroit endeavours which have been ingeniously designed are taking place for sex determination which eventually leads to the female foeticide. Apart from this, there is also sex selection by which a married couple are anxious to find out about the sex of the foetus.
4. The learned counsel would urge that the launching of prosecution under the Act in the State of Haryana, as the factual matrix would depict, is basically an apology, for despite there being 21 districts in the State and the decrease in the sex ratio from year to year, the steps taken for prosecution and other coercive measures, as provided under the Act, are absolutely inadequate.
5. Mr Dinesh Yadav, learned counsel appearing for the State would contend that presently the State of Haryana has shown serious concern to stop this malady so that the balance in sex ratio is maintained. The learned counsel would contend that the State is galvanising the national programme, namely, “Beti Bachao, Beti Padhao” and immense emphasis is given in praesenti, regard being had to the low sex ratio.
6. At this juncture, we must record the submission of Ms Anitha Shenoy, learned counsel appearing for Dr Sabu Mathew George, the intervenor, that there is no proper launching of prosecution and eventually conviction as there is lethargy on the part of the competent authorities under the Act to lodge the prosecution and prosecute them with the requisite vigour as warranted under the Act. She would also submit that there should be registration of dates of births of the children (male and female) at all the levels especially at the level of the local level, namely, Municipal Corporation/Municipality/Gram Panchayat Samiti/Gram Panchayat, as the case may be.
7. We will be failing in our duty, if we do not take note of an assertion which is reflectible from the affidavit filed on behalf of the State of Haryana that the appropriate authorities who are required to lodge the prosecution sometimes face enormous difficulties as they do not get proper assistance.
8. Having heard the learned counsel for the parties, we issue the following directions:
8.1. The appropriate authorities under the Act who have been authorised to launch/initiate the prosecution shall be imparted training by the Judicial Academy of the High Court of Punjab and Haryana. During the training, the Director of Prosecution of the State shall remain personally present in the academy so that all the officers avail the training with all sincerity, concern and seriousness.
8.2. The trials that are pending before various courts of the State, unless there is an interdiction by the High Court or by this Court, shall proceed with quite promptitude and be finalised within a period of four months commencing 1-2-2015.
8.3. The State may think of appointing a panel of competent lawyers who can render proper assistance to the appropriate authorities for taking appropriate steps for every action under the Act so that eventually the action taken under the Act does not collapse due to technical flaws. This direction is given to have separate lawyers for prosecuting these causes as it requires a lot of technical knowledge and it is the obligation of the State to see that these kinds of maladies are eradicated. Unless eradicated in time, it has the potentiality to lead to a disorderly state of affairs. The State shall respond to the same by the next date.
8.4. The Districts where the sex ratio is less, the Director of Prosecution and the Director of the Judicial Academy shall give adequate stress on their training so that authorities who are in charge of the said districts shall also rise to the occasion.
8.5. As has been stated in our earlier judgment i.e. Voluntary Health Assn. of Punjab v. Union of India (2013) 4 SCC 1, there has to be proper awareness camps which are to be organised by the State Legal Services Authority. It is required to be done. It shall issue directions to the District Legal Services Authorities throughout the State to hold awareness camps with a proper perspective so that the persons attending camps not only become aware of the legal consequences but also the societal and the collective concern for sustenance of child sex ratio. And above all, the value of a life of woman, for she is the basic pillar of the human race in any society. If advised, the Patron-in-Chief of the State Legal Services Authority may constitute a separate cell for imparting such legal aid camps.
8.6. We would request the learned Chief Justice of the High Court of Punjab and Haryana to fix a date for imparting training to the appropriate authorities and thereafter the Registrar (Judicial) shall communicate to the Chief Secretary of the State who shall see to it that all the appropriate authorities attend the training, failing which they will be liable for disciplinary proceedings.
8.7. Mr Yadav, learned counsel for the State shall file a list of the cases which are pending in trial courts for trial before the Registry of this Court within 10 days hence. The Registry shall forward the same forthwith to the Registrar General of the High Court who, in turn, shall place the matter before the learned Chief Justice who is requested to issue a circular with a command that the cases shall be disposed of within four months.
9. Let the matter be listed for consideration of the situation prevalent in the NCT of Delhi on 17-2-2015.
Order dated 18-2-2015
(Before Dipak Misra and Adarsh Kumar Goel, JJ.)
10. On 25-11-2014 (2014) 16 SCC 426, this Court, after referring to the malady relating to reduction of sex ratio in various States, had directed as follows: (Voluntary Health Assn. case (2014) 16 SCC 426)
“7. In our considered opinion, there should be a verification of the documents that form the basis on which these figures have been arrived at. Let it be clarified that the figures that have been put forth do not show any indication of improvement but we would like to have it verified to satisfy ourselves whether the figure that has been put forth is correct or not. The purpose is to find out whether there is degradation of the sex ratio or a stagnation or any steps have really been taken by the States concerned to improve/enhance the sex ratio or not?
8. In view of the aforesaid, we direct that a meeting be held under the auspices of National Inspection and Monitoring Committee wherein the Additional Secretary who has filed the affidavit for the Union of India and two other Joint Secretaries of the Ministry of Health and Family Welfare shall remain present. The deponents who have filed the affidavits before this Court on behalf of the States of Uttar Pradesh and NCT of Delhi shall remain present. The Director General, Health Services, State of Haryana shall remain present in the meeting. The Principal Secretary along with the Special Secretary, State of Uttar Pradesh shall remain present in the meeting. To avoid any amount of controversy, we fix the date for the meeting on 3-12-2014 at 10.30 a.m. The State shall produce the relevant registers/records before the said Committee. We are sure, the States should be in a position to produce the registers/record in the meeting so that it can be scrutinised. Any discrepancy in this respect shall not be appreciated for the States must have prepared the chart on the basis of such registers/records.
9. We recapitulate the saying, ‘Awake, Arise, Oh! Parth’ and we say this to the States so that they can really wake up to take the issue of female foeticide with all seriousness and sincere concern.”
11. Thereafter, the data provided by the States of Uttar Pradesh, Haryana and NCT of Delhi have been verified. As far as the said States are concerned, the data that has been furnished has been found to be approximately correct.
12. The learned counsel for the petitioners prays for some time to file a status report in respect of the State of NCT of Delhi. He may do so within a week hence. The status report that is to be filed by the petitioner would be considered on the next date of hearing and appropriate directions shall be issued qua the State of NCT of Delhi so that the sex ratio is increased in a respectable, acceptable and socially relevant manner. The learned counsel for the State of NCT of Delhi is at liberty to file a reply to the status report.
13. As had been indicated in the earlier order dated 25-11-2014 (2014) 16 SCC 426, the data of four other States i.e. Bihar, Himachal Pradesh, Rajasthan and Tamil Nadu are to be verified in the same manner.
14. The Additional Chief Secretary (Health) along with the Director Health (Safety and Regulation) of the State of Himachal Pradesh and Principal Secretary along with the Director General of Health of the State of Rajasthan shall bring the record and appear before the National Inspection and the Monitoring Committee at 11.30 a.m. on 17-3-2015. Mr Gonsalves and Mr Sanjay Parikh, learned Senior Counsel for the petitioner can remain present at the time of verification.
15. The Principal Secretary of Health Department and Director-in-Chief of Health Services of the State of Bihar and the Principal Secretary and Director General of Health of the State of Tamil Nadu shall remain present at 11.30 a.m. on 25-3-2015 before the National Inspection and Monitoring Committee with all the relevant data. Mr Gonsalves and Mr Sanjay Parikh, learned Senior Counsel for the petitioner can remain present at the time of verification. The Committee shall file the report through the Additional Solicitor General on or before 10-4-2015.
16. Let the matter be listed on 15-4-2015.
Order dated 15-4-2015
(Before Dipak Misra and Prafulla C. Pant, JJ.)
17. On 18-2-2015, the Court, after reproducing the order dated 25-11-2014 (2014) 16 SCC 426 had directed for verification of the records filed in respect of four States, namely, Bihar, Himachal Pradesh, Rajasthan and Tamil Nadu. Certain time schedule was stipulated in the said order. Mr Neeraj Kishan Kaul, learned Additional Solicitor General, has already filed a verification report in respect of the said four States. It is submitted by him that the Committee itself has found that the reports submitted by two States, namely, Bihar and Himachal Pradesh are defective. Let the report be supplied to Mr Manish Kumar, learned counsel for the State of Bihar and Ms Pragati Neekhra, learned counsel for the State of Himachal Pradesh. They shall file their objections, if any, within two weeks hence.
18. Presently, we shall proceed to deal with the State of NCT of Delhi inasmuch as the Monitoring Committee had already verified the record of the State of NCT of Delhi and the learned counsel for the petitioner had prayed for some time to file the status report in respect of the State of NCT of Delhi. Mr Gonsalves, learned Senior Counsel has filed the status report.
19. Mr Gonsalves, learned Senior Counsel, has drawn our attention to the sex ratio in Delhi which has been verified by the Monitoring Committee as per the Population Census. The said sex ratio relates to 2011 which reads as follows:
“Sex ratio as per Population Census
The universal sex ratio of Delhi as per Population Census for all age groups taken together was 821 females per 1000 males in 2001 and it has become 866 females per 1000 males as per provisional data of Census 2011. Children sex ratio (0-6) of Delhi went down marginally from 868 (as per census 2001) to 866 (as per census 2011). As can be seen from Statement 1.3, at both points of the figures of Delhi were below than all-India level. The districtwise scenario for the children of 0-6 years varies in different districts.
Statement 1.3: Sex ratio of Delhi/All India
as per Population Census Data
Sl. No. Item Census year A. Districtwise sex ratio (children of 0-6 years) 2001 2011 South 888 878 South-West 846 836 North-West 857 863
North 886 872 Central 903 902 New Delhi 898 884 East 865 870 North-East 875 875 West 859 867 B. Delhi Children of 0-6 years 868 866 All ages 821 866 C. All India Children of 0-6 years 927 914 All ages 933 940
Source: Population Census—2011”
20. Mr Gonsalves has also drawn our attention to the document which is “Monthly monitoring of the sex ratio of institutional birth”. It states thus:
“The data is collected on monthly basis from 50 major hospitals which accounts for 50.87% of total registered births in the year 2013 in Delhi. This helps to review the sex ratio at the highest level in the shortest possible time without waiting for the yearly indicators. The sex ratio of institutional births on the basis of these 50 hospitals was also 895 in the year 2013.
Efforts will be made to increase the coverage of health institutions under the monthly monitoring system to make this exercise meaningful and truly representative of the ground reality.”
21. Mr Qadri, learned counsel appearing for the NCT of Delhi, on his turn, has drawn our attention to the affidavit filed by the Union of India and especially to Annexure E. Annexure E is only the report on registration of births and deaths in Delhi in 2013. At p. 114, the profile of birth registration has been mentioned under the caption “The birth registration in civil registration system”. It is as follows:
“During 2013, a total of 3,70,000 birth events were registered by all the local bodies taken together. Out of them, 1.95 lakhs (52.76%) were male and 1.75 lakhs (47.24%) were female.
Statement 3.1: Total number of births registered under CRS sexwise
Year Total births Male Female Sex ratio 2001 2,96,287 1,63,816 (55.29) 1,32,471 (44.71) 809 2002 3,00,659 1,64,184 (54.61) 1,36,475 (45.39) 831 2003 3,01,165 1,65,173 (54.84) 1,35,992 (45.16) 823 2004 3,05,974 1,67,849 (54.86) 1,38,125 (45.11) 823 2005 3,24,336 1,78,031 (54.89) 1,46,305 (45.11) 822
2006 3,22,750 1,76,242 (54.69) 1,46,508 (45.39) 831 2007 3,22,044 1,74,289 (54.12) 1,47,755 (45.88) 848 2008 3,33,908 1,66,583 (49.89) 1,67,325 (50.11) 1004 2009 3,54,482 1,85,131 (52.22) 1,69,351 (47.78) 915 2010 3,59,463 1,89,122 (52.61) 1,70,341 (47.39) 901 2011 3,53,759 1,86,870 (52.82) 1,66,889 (47.18) 893 2012 3,60,473 1,91,129 (53.02) 1,69,344 (46.98) 886 2013 3,70,000 1,95,226 (52.76) 1,74,774 (47.24) 895”
22. It is submitted by Mr Gonsalves that the said profile of birth would not reflect the correct sex ratio as the data has been collected only from 50 major hospitals. In any case, as we find, there has been really no improvement in the sex ratio in Delhi.
23. At this juncture, we must take note of the suggestions given by Mr Gonsalves. The suggestions given by the learned Senior Counsel, are quite a number. We do not intend to advert to the same in detail and we would only proceed to direct as follows, as far as the State of NCT of Delhi is concerned, for today we are only concerned with the State of NCT of Delhi:
(i) Section 2(q) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for brevity “the 1994 Act”) provides for the “State Board” which means a State Supervisory Board or Union Territory Supervisory Board constituted under Section 16-A. Section 16-A(2) which deals with the State Board reads as follows:
“16-A. (2) The State Board shall consist of—
(a) the Minister in charge of Health and Family Welfare in the State, who shall be the Chairperson, ex officio;
(b) Secretary in charge of the Department of Health and Family Welfare who shall be the Vice-Chairperson, ex officio;
(c) Secretaries or Commissioners in charge of Departments of Women and Child Development, Social Welfare, Law and Indian System of Medicines and Homoeopathy, ex officio, or their representatives;
(d) Director of Health and Family Welfare or Indian System of Medicines and Homoeopathy of the State Government, ex officio;
(e) three women members of Legislative Assembly or Legislative Council;
(f) ten members to be appointed by the State Government out of which two each shall be from the following categories—
(i) eminent social scientists and legal experts;
(ii) eminent women activists from non-governmental organisations or otherwise;
(iii) eminent gynaecologists and obstetricians or experts of stri-roga or prasuti-tantra;
(iv) eminent paediatricians or medical geneticists;
(v) eminent radiologists or sonologists;
(g) an officer not below the rank of Joint Director in charge of Family Welfare, who shall be the Member-Secretary, ex officio.”
It is submitted by Mr Gonsalves that the legislature has provided in Sections 16-A(2)(f)(ii) and (iii) that there should be eminent women activists from non-governmental organisations and eminent gynaecologists and obstetricians or experts of stri-roga or prasuti-tantra to be the members. He has also drawn our attention to Section 16-A(2)(f)(v) which provides for eminent radiologists or sonologists to be members. The learned counsel would submit that the persons who have conflict of interest with the provisions of the Act should not be appointed by the State Government. As advised at present, we will require the State Government to strictly verify the antecedents of the members who fall in these categories so that they do not have any conflict of interest. We are not stating that there is conflict of interest. Needless to emphasise, there can be eminent women activists from non-governmental organisations, eminent gynaecologists and obstetricians or experts of stri-roga or prasuti-tantra and eminent radiologists or sonologists but care has to be taken that they do not have conflict of interest.
(ii) As per Section 16-A(3), the State Board shall meet at least once in four months. We have been apprised that the Board is meeting at least once in four months. Regard being had to the fall in the sex ratio which is really a burning problem for the nation, we would direct the State Board to meet at least once in two months for the present.
(iii) The meeting should be held by the State Board in an effective manner by conferring adequate time to the members whose categories find place in Section 16-A(2)(f) so that there is proper participation.
(iv) The agenda of the meeting shall be circulated by email to all the members before a week along with the reports of the Deputy Commissioners for each district so that there can be effective participation by all the members. We are compelled to say so as the meetings of this type have to be taken seriously and all the members are expected to understand the seriousness of the enactment and participate with sincerity.
(v) The appropriate authorities, when they find there is violation of the provisions of the Act, must act with strictness keeping in view the language employed in Sections 20, 23 and 25 of the 1994 Act.
(vi) The appropriate authority shall, as defined under Section 28 and is appointed under Section 17 of the 1994 Act, shall develop a system so that anyone, who comes to know of any illegality being committed under the 1994 Act by any person, can send the complaint/information to the said authority even anonymously so that it can take appropriate action. Needless to say that there has to be appropriate verification. This can really apprise the appropriate authority about certain things happening in a clandestine manner.
(vii) Though the Act has come into force since 1994 and there has not been much rise in the sex ratio which may indicate the disrespect for the restriction on sex selection. We have apprised that only 44 cases have been instituted and certain cases are pending in various courts in Delhi since 2002 onwards. The cases under this Act have to be given priority, for litigations under the 1994 Act should be put to an end at the earliest, regard being had to the fact that the object and purpose of the Act is for the prohibition of the misuse of pre-natal diagnostic techniques for the determination of sex and leading to female foeticide and prohibition of advertisement of pre-natal diagnostic techniques for determination of sex, etc. Needless to say, if the criminal cases are kept pending, it will give an impression that the provisions of the Act are not taken seriously. Keeping in view the same, all the trial Magistrates before whom the prosecution under the 1994 Act are pending shall finalise the same by 30-9-2015. A copy of this order be sent to the learned Chief Justice of Delhi to issue a circular to all the District and Sessions Judges of Delhi so that they can, in their turn, circulate amongst the Magistrates concerned to proceed accordingly. The prosecution shall fully cooperate in the early disposal of these cases. There should not be laxity on the part of the Public Prosecutors.
Though we are issuing these directions in respect of the State of NCT of Delhi, some of the directions shall also be applicable to other States and the said facet shall be adverted to on the next date of hearing.
24. At this juncture, Mr Gonsalves, learned Senior Counsel submitted that reduction in sex ratio in this country is quite disturbing and agonising. The learned Senior Counsel would submit that the honour killing is also reflective of the attitude of the society at large, for the proclivity to scuttle the female from being born and to see the mother earth and the sunlight. It is his submission that though this Court has been passing series of orders, yet there is no awareness and fear in the society. He has drawn our attention to an order passed on 29-10-2002 in People's Union for Civil Liberties v. Union of India (2011) 12 SCC 675, wherein this Court had directed the Chief Secretaries of the States to translate the order and display the same on the Gram Panchayats, school buildings and fair price shops and giving wide publicity on the All-India Radio and Doordarshan. The learned Senior Counsel would submit that there need be no display on the Gram Panchayats, school buildings or fair price shops but it should be given wide publicity in newspapers, All-India Radio and Doordarshan. Regard being had to the said submission, we direct that the order passed today should be translated and be given wide publicity in newspapers, All-India Radio and Doordarshan so that the people at large know the sacrosanctity of the 1994 Act, the issues raised before this Court and the manner in which the same is being addressed to and how there should be real concern not to go for sex selection, or destruction of female foetus subject to law, that is, the provisions of the Medical Termination of Pregnancy Act.
25. Let the matter be listed on 6-5-2015 to consider the objections of the States of Bihar and Himachal Pradesh and also to issue directions in respect of the other States whose reports have not been verified.
Order dated 6-5-2015
(Before Dipak Misra and Prafulla C. Pant, JJ.)
26. On 15-4-2015, after recording the submissions of Mr Gonsalves, learned Senior Counsel appearing for the petitioner, we had issued certain directions in respect of the State of NCT of Delhi and, at that juncture, we had observed that though the said directions had been issued in respect of the State of NCT of Delhi, some of the directions are also applicable to other States and the said facet shall be adverted to on the next date of hearing.
27. Apart from the directions issued, this Court directed as follows: (SCC para 24, above)
“24. At this juncture, Mr Gonsalves, learned Senior Counsel submitted that reduction in sex ratio in this country is quite disturbing and agonising. The learned Senior Counsel would submit that the honour killing is also reflective of the attitude of the society at large, for the proclivity to scuttle the female from being born and to see the mother earth and the sunlight. It is his submission that though this Court has been passing series of orders, yet there is no awareness and fear in the society. He has drawn our attention to an order passed on 29-10-2002 in People's Union for Civil Liberties v. Union of India (2011) 12 SCC 675, wherein this Court had directed the Chief Secretaries of the States to translate the order and display the same on the Gram Panchayats, school buildings and fair price shops and giving wide publicity on the All-India Radio and Doordarshan. The learned Senior Counsel would submit that there need be no display on the Gram Panchayats, school buildings or fair price shops but it should be given wide publicity in newspapers, All-India Radio and Doordarshan. Regard being had to the said submission, we direct that the order passed today should be translated and be given wide publicity in newspapers, All-India Radio and Doordarshan so that the people at large know the sacrosanctity of the 1994 Act, the issues raised before this Court and the manner in which the same is being addressed to and how there should be real concern not to go for sex selection, or destruction of female foetus subject to law, that is, the provisions of the Medical Termination of Pregnancy Act.”
28. It is submitted by Mr Wasim Qadri that he will file an affidavit clearly indicating all the steps that have been taken by the NCT of Delhi in regard to compliance with the directions contained at Sl. Nos. (i) to (viii) in the previous order. The affidavit shall be absolutely specific. As far as the directions which we have reproduced hereinabove are concerned, Mr Qadri could not tell us what steps have been taken. He could not apprise us whether any publicity has been given in newspapers, All-India Radio and Doordarshan so that the people at large know the sacrosanctity of the 1994 Act and the issues raised before this Court and the matter in which the same is being addressed to and how there should be real concern not to go for sex selection or destruction of female foetus subject to law i.e. the provision of the Medical Termination of Pregnancy Act. Needless to say, the said directions are to be complied with by all the States in India.
29. Ms Binu Tamta, learned counsel appearing for the Union of India, submitted that she will see to it that appropriate directions are issued to the authorities of All-India Radio and Doordarshan functioning in various States to give wide publicity. As all the States are represented before us, the learned counsel appearing for them shall send a copy of the order to the Principal Secretary, Health as well as to the Principal Secretary, Law so that the said order can be translated and be published in the newspapers and broadcast on All-India Radio and telecast on Doordarshan in appropriate manner.
30. We hope that by the next date of hearing, there would be substantial compliance with the aforesaid directions.
31. At this juncture, we must note that on the last occasion, we had directed the States of Bihar and Himachal Pradesh to file objections to the report submitted by the Union of India. The State of Bihar has already filed the response. Ms Binu Tamta, learned counsel for the Union of India shall peruse the objections filed by the State of Bihar and file response thereto within six weeks hence.
32. At this juncture, we may note with profit that the State of Bihar has filed a chart indicating that from the date of commencement of the enactment of the 1994 Act, 159 cases had been launched in various courts in the State of Bihar and presently 126 cases are pending. They are pending since 2012-2013. In our considered opinion, the cases under the 1994 Act should be dealt with in quite promptitude and the courts concerned have to treat the said cases with utmost primacy. In view of the aforesaid, we direct that the cases which are pending before the trial court shall positively be disposed of by end of October 2015.
33. A copy of this order be sent to the learned Chief Justice of the Patna High Court so that he can issue a circular to the District and Sessions Judge concerned who, in turn, can circulate the same amongst the Presiding Officers wherein the cases are pending. The order passed today and the chart filed by the State of Bihar shall also be forwarded for convenience.
34. We will be failing in our duty, if we do not take note of a submission made by Mr Divya Jyoti Jaipuriar, learned counsel appearing for the petitioner, that the launching of prosecution in the State of Bihar is extremely low and no case has been launched after 2013. We do not intend to say anything on this score but we cannot restrain ourselves from observing that had there been apposite awareness among the competent authorities in all possibility, the result would have been different. Lack of awareness is a known fact. In our considered opinion, the competent authorities who have been authorised under the Act to launch prosecution and also to see that the Act is properly carried out and the sex ratio is increased, are required to be given training. In view of the aforesaid, we would request the Chairman of the Bihar Judicial Academy of the High Court of Judicature of Patna to fix a time schedule for imparting the training. The Chief Secretary concerned of the State shall see to it that competent authorities are guided by the schedule fixed by the High Court.
35. Ms Pragati Neekhra, learned counsel for the State of Himachal Pradesh, prays for two weeks' time to file objections. Prayer stands allowed.
36. Let the matter be listed in the first week of August, 2015 for further hearing.
Order dated 19-8-2015
(Before Dipak Misra and R. Banumathi, JJ.)
37. We have been apprised by Mr Manish Kumar, learned counsel for the State of Bihar and Ms Pragati Neekhra, learned counsel for the State of Himachal Pradesh that they have rectified the defects pointed out by the National Inspector and Monitoring Committee (the Committee). The Committee shall scrutinise the rectifications and file the report before us within two weeks from today. That apart, the Committee shall also file a status report as regards the other States and also its concerns which would also include whether the Committee is getting cooperation from the States.
38. As far as the State of Bihar is concerned, the direction was issued that the cases which have been pending before the trial court should be disposed of positively by the end of October 2015. Mr Manish Kumar, learned counsel appearing for the State of Bihar submitted that he has no instructions in this regard. The State is the prosecutor and, therefore, the State has an obligation to have the information. Regard being had to the same, we direct the Principal Secretary (Health), in consultation with other departments, shall file an affidavit within two weeks from today as regards all such cases pending for trial.
39. A report be called for from the Director of Bihar Judicial Academy about the training imparted to the authorised officers under the Act. Whether they have been imparted training or not and, if not, the reason should be indicated. We have so directed, for vide order dated 6-5-2015, we had directed the Chief Secretaries of the States to see to it that the competent authorities are guided by the schedule filed by the High Court.
40. Be it stated, initially, we had directed for verification of the data given in respect of four States, namely, Tamil Nadu, Rajasthan, Himachal Pradesh and Bihar. We have been apprised that some more States have been left out. Regard being had to the same, the Committee shall verify the data of States of Orissa, West Bengal, Chhattisgarh and Jharkhand. The authorities of the State Governments shall cooperate with the Committee.
41. Let the matter be listed on 15-9-2015.
Order dated 15-9-2015
(Before Dipak Misra and Prafulla C. Pant, JJ.)
42. On 19-8-2015, submissions were made on behalf of the learned counsel for the States of Bihar and Himachal Pradesh that they had rectified the defects pointed out by the National Inspection and Monitoring Committee (the Committee) and on the basis of the said submission, a direction was issued that the Committee shall scrutinise the rectifications and file a report within two weeks from that date. That apart, a direction was issued that the Committee shall file a status report as regards the said States, and also the cooperation extended by the States. Additionally, certain other directions were issued in respect of the State of Bihar which need not be mentioned today.
43. As far as the States of Orissa, West Bengal, Chhattisgarh and Jharkhand are concerned, a direction was issued for providing the dates and verification of the same. In pursuance of our earlier order, a report has been filed on behalf of the Union of India. In the report, as far as the States of Bihar and Himachal Pradesh are concerned, it has been stated as follows:
“12. Finally, the Committee scrutinised the rectifications of defects/records in the information related to the prosecutions, convictions and sex ratio submitted by the States of Bihar and Himachal Pradesh. The Committee observed that the information provided on the prosecutions launched in the State of Bihar was ambiguous and incomprehensible. In order to address this persistent difficulty, the Committee decided (and was agreed to by Dr Sabu George) that Dr Sabu George (NIMC Member) along with the officer concerned from the Ministry of Health and Family Welfare would undertake a visit to the State of Bihar and cross verify the documents related with prosecutions and convictions so that the correct facts are submitted to the Hon'ble Supreme Court of India.
13. The State of Himachal Pradesh was expected to explain the methodology used by the State for figures of sex ratio at birth data cited in the affidavit. In the affidavit, shared by the State the Committee members confirmed that the methodology used for calculating the districtwise sex ratio at birth was detailed out at length.
14. The Committee stressed on the strengthening of civil registration of births in the States so that real time data of sex ratio at birth is available to monitor and evaluate the impact of implementation of the PC&PNDT Act and related activities.”
44. As far as the States of Odisha and Chhattisgarh are concerned, the Committee has opined, thus:
“9. In the second round, the Committee members verified and scrutinised the affidavits filed by the States of Odisha and Chhattisgarh. In the affidavit filed by Odisha, the State had cited sex ratio at birth from the civil registration of births of State. However, no documentary evidence from the department concerned was provided for cross-verification of these figures. The State was requested to submit the same for the verification. To substantiate the facts regarding State Inspection and Monitoring Committee (SIMC) provided in the affidavit, the State was also asked to provide details of the inspections conducted by the SIMC and consequent follow-up action initiated by the appropriate authorities for the verification.”
In view of the aforesaid, we would like the State of Orissa to provide the Committee relevant documents and desired by it and with regard to the deficiencies pointed out by it and the Committee is directed to proceed further with regard to the said State within a period of eight weeks.
45. At this juncture, we must note with profit that Ms Anitha Shenoy, learned counsel who is appearing for Dr Sabu George, the newly impleaded party, submits that the appropriate authorities are not following the mandate enshrined under Rule 18-A of the Pre-Conception and Pre-Natal Diagnostics Techniques (Prohibition of Sex Selection) Rules, 1996 (for brevity “the Rules”). She has drawn our attention to sub-rule (6) of Rule 18-A. It reads as follows:
“18-A. (6) All the appropriate authorities including the State, districts, sub-districts notified under the Act, inter alia, shall submit quarterly progress report to the Government of India through the State Government and maintain Form H for keeping the information of all the registrations made readily available.”
In view of the aforesaid Rule, it is directed that all the appropriate authorities including the State, districts and sub-districts notified under the Act shall submit quarterly progress report to the Government of India through the State Government and maintain Form H for keeping the information of all registrations readily available.
46. The learned counsel for the States shall file the compliance report pertaining to sub-rule (6) of Rule 18-A of the Rules by the next date. The learned counsel for the Union of India shall also apprise this Court about the information received from the various appropriate authorities.
47. Let the matter be listed on 17-11-2015.
Court Masters
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