Delhi High Court in Indian Radiological And Imaging Association (IRIA) vs. Union of India, has issued certain guidelines on Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PNDT Act).
Division Bench comprising of the Chief Justice G Rohini and Justice Rajiv Sahai Endlaw disposed of the petition filed by IRAI, Indian Medical Association and Sonological Society of India by issuing following directions.
The Court observed that any clinic/institute/hospital/nursing home or other place, though not proclaiming itself to be carrying out pre-natal diagnostic procedure and thus not a genetic clinic but having ultrasound or other machines “capable of‟ viewing/imaging the foetus and other organs of human body for selection of sex before or after conception, would be covered thereby.
Rule 3(3)(1)(b) of the PNDT Rules (as it stands after the amendment with effect from 9th January, 2014) is ultra vires the PNDT Act to the extent it requires a person desirous of setting up a Genetic Clinic / Ultrasound Clinic / Imaging Centre to undergo six months training imparted in the manner prescribed in the Six Months Training Rules.
Read the Judgment here.