The Karnataka High Court has directed the State government to conduct periodical training programmes for members of the Appropriate authority constituted under the Pre-Conception and Pre-Natal Diagnostics Techniques Act, to carry out the functions as required under various provisions of the Act.
A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi while disposing off a petition filed by Dr Sarvabhoum S Bagali also directed the state government to issue directions to the Appropriate Authority to to comply with the requirements of sub-section (2) of Section 23 of the said Act of 1994.
Section 23, pertains to offences and penalties to be imposed on any medical geneticist, gynaecologist, registered medical practitioner or any person who owns a Genetic Counselling Centre, a Genetic Laboratory or a Genetic Clinic or is employed in such a Centre, Laboratory or Clinic and renders his professional or technical services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act or Rules, made thereunder.
The provision mandates that name of the registered medical practitioner shall be reported by the Appropriate Authority to the State Medical Council concerned for taking necessary action including suspension of the registration if the charges are framed by the court and till the case is disposed of and on conviction for removal of his name from the register of the Council for a period of five years for the first offence and permanently for the subsequent offence.
The court has directed the state government to file an affidavit showing compliance of the directions on or before October 15.
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