Karnataka HC relief to Doctor Couple booked under PC PNDT Act

The couple was booked for allegedly installing sex detection equipments in their hospital and also for not maintaining records as per the rules.

However, the High Court bench comprising of Justice M Nagaprasanna opined that the taluk health officer didn't have the authority for registering such a complaint and was quoted observing by TOI, "the complaint registered by the respondent- taluk health officer- is without doubt without jurisdiction."

The case concerns a doctor-couple, who were managing a hospital in Gokak. Alleging that the hospital in question was not maintaining required records under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, the Taluk Health Officer had registered a complaint against the couple before the Judicial Magistrate of First Class court at Gokak under section 28 of the Act.

It had further been alleged by the Taluk Health officer that the doctor-couple had installed equipments for the detection of the sex of the fetus.

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Challenging the court proceedings that had been initiated in 2016, the couple had approached the High Court and had argued that the Taluk Health officer didn't have the jurisdiction for registering a complaint.

Responding to the complaint, the Government claimed that as per the notification dated October 15, 2011, the Taluk Health Officer can register a complaint under the Act.

Following this, the High Court bench perused the notification and noted that as per the sub-section 17(3) (b) of the Act, the assistant commissioner of the districts belonging to Vijayapura, Bagalkot, Belagavi, Chitradurga, Mandya, Bidar, and Kalaburgi have been appointed as appropriate authority under the Act, adds the Times of India.

Further observing that the provisions under the Act are unequivocal, the High Court bench opined that an appropriate authority or officer should have been authorized either by the central or state government through a notification like the one appointing an assistant commissioner.

Ruling that the taluk health officer lacked the authority to register the complaint, the HC bench observed, "Section 28 mandates that no court shall take cognizance of an offence under the Act except on a complaint made by the appropriate authority concerned or any officer authorized by the central or state government as the case would be… Thus, the complaint registered by the respondent- taluk health officer- is without doubt without jurisdiction."