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LATEST NEWS UPDATES | Bombay HC bars portable ultrasonography machines to curb pre-natal sex determination by Rosy Sequeira

Bombay HC bars portable ultrasonography machines to curb pre-natal sex determination by Rosy Sequeira

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published Published on Nov 17, 2011   modified Modified on Nov 17, 2011

A child is God's gift and none must try to know its sex in advance, said the Bombay high court on Thursday while upholding a civic circular which disallows portable ultrasonography machines to be taken to patients homes. The court's observation assumes significance in the light of recent media reports on female foeticide.

A division bench of Justices PB Majmudar and Mridula Bhatkar were hearing a petition filed by the Radiology and Imaging Association challenging the Brihanmumbai Municipal Corporation's July 30, 2011 circular which instructed that USG machines be kept at a registered centre and not be shared or transferred to any other place.

It also warned of appropriate action in case of a breach. The petitioner's advocate, Anita Bhaktwani, argued that patients bedridden with other ailments would be deprived of the facility.

The judges were of the view that sonography is only for diagnostic purpose and not a medicine in itself for providing treatment. "Sonography is not like oxygen that a person cannot wait. It is not an emergency," said Justice Majmudar.

"We will not allow a child born to die because she is female. Court cannot assist persons in such a manner,'' he added.

The judges said trying to know the sex of child in advance removes the element of excitement. "Excitement goes. A child is God's gift. Nobody must want to know its sex in advance. It is God's choice," said Justice Majmudar.

Central government advocate Advait Sethna, appearing for the ministry of health, women and family welfare, said every USG machine must be registered under the provision of the Pre-conception and Pre-natal Diagnostic Act (PDPA) to prevent detection of sex of the foetus.

The judges said sex determination tests are going on surreptitiously in various part of the country to discourage the work of the legislature. "No society can exist without women and for growth of society and nation both man and woman are equally important,'' they stated in their order.

"Without any provision under the PDPA, can the portable USGs be banned?" Bhaktwani sought to know.

The judges said while Bhaktwani's argument that for a few bad elements the axe should not fall on all may be true, "the only way to curb possible misuse is by enacting appropriate laws, rules and guidelines".

The judges said even if there is some possibility of misuse, the court cannot shut its eyes. "In future if society is made conscious and asked to forget distinction between male and female, till then all remedial measures have to be taken to curb misuse of modern technology to achieve dishonest and illegal practices,'' they added. Rejecting the petition, they concluded that the BMC circular is "most reasonable and in public interest'' and added that "even if there is only one case in a millon, this court will not interfere".

Advocate Uday Warunjikar, appearing for intervenor-activist Varsha Deshpande, told the court that in Mumbai there is a decline in male-female statistics. He said the ratio of 1000:910 had come down to 1000: 880. "Society cannot survive if there are no female children. We are not able to rise. We are still discriminating between girl and boy,'' remarked Justice Majmudar. When Bhatkwani said that "mentality has to be changed, not stopping of machines", Justice Majmudar riposted, "Considering the ingenuity of our people there are all chances of its misuse. Unfortunately, in some communities such conservative approach is still going on."

Ban applies to entire state

State advocate Niranjan Pandit said although the circular was issued by the medical health office of the local civic ward it would be applicable to the entire state. The judges directed the central government to take appropriate steps regarding its application to the rest of the country.


The Times of India, 18 November, 2011, http://timesofindia.indiatimes.com/city/mumbai/Bombay-HC-bars-portable-ultrasonography-machines-to-curb-pre-natal-sex-determination/articleshow/10775308.cms


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