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Voluntary Health Association Of Punjab v. Union Of India And Others
Factual and Procedural Background
On 4 March 2013 the Supreme Court delivered its judgment in Voluntary Health Assn. of Punjab v. Union of India (2013 4 SCC 1), expressing grave concern over female foeticide and the declining sex ratio. A series of directions were issued to the Union of India and to all State Governments, coupled with a mandate that each State file a status report within three months.
The present order arises from subsequent listings of Writ Petition (Civil) No. 349 of 2006 and connected interlocutory applications. When the matter was taken up, the Court was informed that several statutory and court-appointed bodies—particularly the Central Supervisory Board, National Monitoring Committee and their State counterparts—had not met or discharged their monitoring functions for extended periods. The petitioner and an applicant (Dr. Sabu Mathew George) sought clarifications and additional directions aimed at securing stricter enforcement of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (“the Act”).
Legal Issues Presented
- Whether further clarifications or directions are required to ensure effective implementation of the Court’s judgment dated 4 March 2013 and of the Act, in light of alleged non-compliance by the Union of India and the States.
- Whether the Central and State supervisory and monitoring bodies have failed in their statutory duties, necessitating judicial intervention through time-bound affidavits and compliance reports.
Arguments of the Parties
Applicant — Dr. Sabu Mathew George (IA No. 11 of 2013)
- Sought clarification of certain directions contained in paragraph 9 of the 2013 judgment.
- Pointed out that the Central Supervisory Committee had not convened for 14 months and that the National Monitoring Committee had likewise failed in its duty.
- Highlighted Kerala’s “Sevana” web-based birth registration system, arguing that public, sex-segregated birth data enhances transparency and discourages sex-selective practices.
- Emphasised the proviso to Section 4(3) of the Act, alleging inadequate enforcement against clinics that fail to maintain complete ultrasonography records.
Writ Petitioner — Voluntary Health Association of Punjab
- Submitted, through Mr. Colin Gonsalves, that the sex ratio has declined in most States and only marginally improved in a few, insufficient to meet the Act’s objectives.
- Filed an affidavit proposing an extensive set of directions, including: reconstitution and regular meetings of Central and State Supervisory Boards, disclosure of minutes, creation of sub-district Appropriate Authorities, stringent monitoring of prosecutions and registrations, seizure of illegal ultrasound machines, witness-protection measures, curriculum changes by Medical Council of India, and fast-tracking of all cases under the Act.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Voluntary Health Assn. of Punjab v. Union of India (2013 4 SCC 1) | Earlier landmark judgment issuing directions to curb female foeticide and mandating periodic status reports. | Serves as the foundational decision whose compliance is now being scrutinised; the Court references its directions, especially para 9, for potential clarification. |
| Committee for Legal Aid to Poor v. Union of India | The opinion references this case in the petitioner’s prayer for a compliance report. | Cited by the petitioner to seek enforcement of an earlier order; the Court notes the reference but does not discuss the precedent’s merits in this order. |
Court's Reasoning and Analysis
The Bench refrained from adjudicating the detailed legal suggestions at this stage, noting that many of the prayers involved questions of law yet to be argued. Instead, the Court focused on obtaining a factual baseline:
- Recognised allegations that statutory supervisory bodies have been inactive.
- Emphasised the need for concrete data on governmental steps taken and the results achieved under the Act.
- Determined that meaningful analysis requires comprehensive affidavits from both the Union of India and each State/Union Territory, furnished by senior health officials, demonstrating sincerity rather than perfunctory compliance.
Holding and Implications
ORDER: The Union of India is directed to file, within four weeks, an affidavit of the Additional Secretary of Health (or other competent Additional Secretary) detailing steps taken and results achieved. Health Secretaries of all States and Union Territories must file similarly comprehensive affidavits within four weeks, except Jammu & Kashmir, which is granted six weeks. The matter is listed for further hearing on 25 November 2014.
Implications: The order does not finally dispose of the writ petition but tightens judicial oversight by imposing a definitive timeline for compliance reports. It signals the Court’s continuing supervision over enforcement of the 2013 judgment and the Act, while reserving broader legal questions and potential future directions for the next hearing.
Order
1. This Court on 4-3-2013 had delivered the judgment in Voluntary Health Assn. of Punjab v. Union of India (2013) 4 SCC 1, expressing its concern about female foeticide and the reduction of sex ratio and further how the persons who are required to be involved in such awareness for stopping of female foeticide should equip themselves, and in that context had issued a number of directions. After enumerating the directions, the Court directed all the State Governments to file a status report within a period of three months.
2. In paras 33 and 34, in a concurring opinion, it had been observed thus: (Voluntary Health Assn. case (2013) 4 SCC 1)
“33. It is difficult to precisely state how an awareness camp is to be conducted. It will depend upon what kind and strata of people are being addressed. The persons involved in such awareness campaign are required to equip themselves with constitutional concepts, culture, philosophy, religion, scriptural commands and injunctions, the mandate of the law as engrafted under the Act and above all the development of modern science. It needs no special emphasis to state that in awareness camps while the deterrent facets of law are required to be accentuated upon, simultaneously the desirability of law to be followed with spiritual obeisance, regard being had to the purpose of the Act, has to be stressed upon. The seemly synchronisation shall bring the required effect. That apart, documentary films can be shown to highlight the need; and instil the idea in the mind of the public at large, for when the mind becomes strong, mountains do melt.
34. The people involved in the awareness campaigns should have boldness and courage. There should not be any iota of confusion or perplexity in their thought or action. They should treat it as a problem and think that a problem has to be understood in a proper manner to afford a solution. They should bear in mind that they are required to change the mind-set of the people, the grammar of the society and unacceptable beliefs inherent in the populace.”
3. When the matter was listed today, Mr Parikh, learned counsel appearing for Dr Sabu Mathew George in IA No. 11 of 2013 in Writ Petition (Civil) No. 349 of 2006 has submitted that certain directions in para 9 may require clarification. It is also contended by him that the Union of India has to animate itself in an appropriate manner to see that the sex ratio is maintained and does not reduce further. It is his submission that the Central Supervision Committee which is required to meet to take stock of the situation has not met for the last 14 months. It is also urged that the National Monitoring Committee which is required to monitor has failed in its duty. That apart, the learned counsel would submit pointing out from the affidavit filed by the applicant in IA No. 11 of 2013 that the State of Kerala has adopted a method as a consequence of which female foeticide has decreased and sex ratio has increased/improved. He has drawn our attention to Paras 8 and 9 which read as follows:
“8. The Sevana website, accessed at www.cr.lsgkerala.gov.in maintained by the Kerala Government (Local Self-Government Department) provides details of all births and other vital statistics which are electronically registered by the Local Governments in the registration units. Kerala was the first State in India to have a centralised database of civil registration records from all registration units. This initiative of the Kerala Government has received wide acclaim. Thereby from the website we get information regarding the number of boys and girls being born.
Public display of birth data sex-wise provides transparency about the performance of each State, district and sub-district in respect to the actual births and therefore, helps to highlight any potential malpractice of sex determination. This public knowledge may dissuade both the unethical medical professionals and the general public in the long run from committing crimes of sex determination and sex selective abortion. As no community would like to be stigmatised in the public domain year after year for crimes of sex determination or sex selection committed secretly.
9. That below are details of some of the information displayed on the website:
(i) The birth information is summarised for the State. And for each unit, district, municipality, corporation or Gram Panchayat level data can be obtained by clicking the map.
(ii) Graphs provide a visual comparison of boys and girls born over the past three years.
(iii) This is available at the State, district and other local body levels.”
4. Mr Parikh has also drawn our attention to the proviso to Section 4(3) of the Act which reads as follows:
“4. Regulation of pre-natal diagnostic techniques.—On and from the commencement of this Act—
(1)-(3)***
Provided that the person conducting ultrasonography on a pregnant woman shall keep complete record thereof in the clinic in such manner, as may be prescribed, and any deficiency or inaccuracy found therein shall amount to contravention of the provisions of Section 5 or Section 6 unless contrary is proved by the person conducting such ultrasonography.”
It is propounded by him that the authorities concerned have not acted on the basis of the aforesaid provision in all seriousness as a result of which the nation is facing the disaster of female foeticide.
5. Mr Gonsalves, learned Senior Counsel appearing for the writ petitioner has drawn our attention to the affidavit filed by the petitioner contending, inter alia, that the sex ratio in most of the States has decreased and in certain States, there has been a minor increase, but the same is not likely to subserve the aims and objects of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (the Act). After referring to the history of this litigation which has been continuing in this Court since long, he has submitted that certain directions are required to be issued. We think it apt to reproduce certain suggestions that have been made in the affidavit:
“(a) For an order directing the Central Supervisory Board to review the functioning of the State/UT Supervisory Boards and submit a report to this Court within one month.
(b) For an order directing the immediate reconstitution of the State and Union Territory Supervisory Boards in accordance with Sections 7 and 16-A, including therein those who are knowledgeable, concerned, experienced and in a position to spend a substantial amount of time to fully implement the provisions of this Act.
(c) For a direction to all the State Governments and Union Territories and all the States/UT Supervisory Boards to file in this Court the minutes of their meetings over the past 5 years.
(d) For a direction to the Boards to meet regularly at least once in every six/four months, as the case may be, in accordance with the provisions of this Act.
(e) For an order directing the State/Union Territories to ensure that the Advisory Committees are constituted and are functioning under Section 17 of the Act in all districts within three months from today and for a direction to the District Advisory Committees to conduct their meetings at least once in every two months in accordance with the provisions of the Act.
(f) For an order directing the Central and State Supervisory Boards to submit reports in this Court regarding the status and the functioning of the Advisory Committees throughout the country.
(g) For an order directing all States and Union Territories, as well as the State Supervisory Boards to file status reports in this Court regarding the status and functioning of the appropriate authorities giving full details of the seizing of records, the sealing of machines, the instituting of legal proceedings and the results thereof, the cancellation of registration and other details as are required.
(h) For an order directing the respondents to constitute Sub-District Appropriate Authorities (AA) within six months from today and to ensure that all the appropriate authorities in the State have inducted reputed individuals/NGOs who are passionately interested in the enforcement of the Act and are willing to spend adequate time for enforcement measures.
(i) For an order directing the AAs throughout the country to act immediately on information received relating to breach of the provisions of the Act and Rules by, inter alia, forthwith seizing records, sealing machines and instituting legal proceedings in accordance with law in a time-bound manner.
(j) For an order directing all AAs throughout the country to monitor on a monthly basis the progress of prosecution under this Act and to make a report of the progress of cases with special emphasis on delay and the acquittal of accused persons including the reasons for the same.
(k) For an order directing the AAs to make a report to the State Medical Councils in respect of charges framed and the conviction of doctors under the Act, for necessary action including suspension of the registration of the doctor and for removal of the name of the doctor from the register of the Council in accordance with Section 23(2) of the Act.
(l) For an order directing the AAs to forthwith investigate whether the operators of the clinics are qualified and if not to cancel the registration of such clinics.
(m) For an order directing the State/Union of India to give a compliance report to the order of the Court in Committee for Legal Aid to Poor v. Union of India.
(n) For an order directing all AAs throughout the country to forthwith investigate and seize all machines where the registration of the centres have expired or where the centres have not been validly registered and take legal action in accordance with law.
(o) For an order directing all AAs to complete the renewal of registration process in time and on default by the AAs for an order directing the State to prosecute the AAs under Section 25 of the Act.
(p) For an order directing the AAs to cancel the registration of all centres not sending reports completed in all respects to the AAs by the fifth day of the month.
(q) For an order directing the AAs to cancel the registration of all centres not properly maintaining the registers and records as required under the Rules, particularly Form H and Form F and particularly when registers and records are not fully filled up and not duly signed.
(r) For an order directing all AAs to ensure that all genetic counselling centres, genetic laboratories and genetic clinics, infertility clinics and scan centres using pre-conception and pre-natal diagnostic techniques and procedures maintain duplicate copies of all records and all forms required to be maintained under the Act and send the duplicate copies to the District AAs concerned on a monthly basis along with the monthly report, in accordance with the provisions of Rule 9(8).
(s) For an order directing the AAs to ensure that all manufacturers and sellers of ultrasound machines, etc. do not sell any machines to unregistered centres as provided under Rule 3-A and disclose on a quarterly basis to the State/UT concerned and the Central Government the lists of persons to whom the machines have been sold in accordance with Rule 3-A(2) of the Rules.
(t) For an order directing the AAs to ensure the registration and monitoring of all infertility centres and to deregister all such centres and prosecute them, if it is found that the records are not being maintained fully and accurately and the reports are not being sent on time in accordance with the provisions of this Act. In particular to monitor the information received in Forms D, E and G.
(u) For an order directing the respondents to take disciplinary proceedings against the members of the AAs, CSB, SSBs and NIMC for failing to do their duty under the Act and to prosecute such officers under Section 25 of the Act in a time-bound manner.
(v) For an order directing the respondents to take disciplinary proceedings against the members of the AAs, CSB, SSBs and NIMC as the case may be, whenever a complaint case is quashed/dismissed on account of technical faults or improper paperwork.
(w) For an order directing the respondents to frame a witness/victim protection protocol forthwith, this will provide, inter alia, for police protection and compensation.
(x) For an order directing the Union of India to lay down the norms for the qualification for the trainers, the place of training and the training content and the period of training for the trainers who provide experience certificates to qualified doctors who operate the machines.
(y) For an order directing the Union of India to prepare and submit to the Hon'ble Court a comprehensive status report State-wise of the total number of cases instituted from the inception of this Act and the outcome of such cases. Such report shall be prepared annually and put on the website.
***
(aa) For an order directing the respondents to set up an extensive website displaying thereon complete data regarding the functioning of the authorities including the activities of the AAs district-wise, the State Appropriate Authorities, State Supervisory Boards, Central Supervisory Board and National Inspection and Monitoring Committee and the State Inspection and Monitoring Committees.
***
(ee) For an order directing the respondents to constitute the National Inspection and Monitoring Committee and the State Inspection and Monitoring Committees, if not so constituted.
***
(hh) For an order directing MCI/Union of India to develop a curriculum for medical courses regarding this Act including gender concerns and ethics.
(ii) For an order directing all courts where proceedings under this Act are instituted to fast track the proceedings to be completed within 6 months from today.”
We have not referred to all the suggestions as the same are not to be responded by the Union of India but have to be argued before this Court as they are in the realm of pure questions of law.
6. Mr Neeraj Kishan Kaul, learned Additional Solicitor General, shall file an affidavit of the Additional Secretary of Health and/or any other Additional Secretary concerned which shall reflect the response in the proper perspective. The affidavit shall clearly indicate what steps have been taken and on the basis of the steps taken, what results have been achieved.
7. Similarly, learned counsel for all the States shall file their responses through the Health Secretaries concerned. The affidavits shall be filed, as directed hereinabove, within four weeks barring the State of Jammu and Kashmir. The competent authority of the State of Jammu and Kashmir shall file its affidavit within six weeks. We may hasten to add that the affidavits shall be comprehensive and must reflect sincerity and responsibility. It should not be an affidavit in formality.
8. Let the matters be listed on 25-11-2014.
Court Masters
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