SC refuses to stay Health Ministry's notification on PC PNDT Act

Claiming certain relaxations in the Act would result in rampant sex determination tests, George had challenged the April 4 notification suspending certain "time sensitive rules with deadlines" under the law that prohibits sex determination before or after conception in view of the pandemic's outbreak.

The notification suspended rules 8, 9(8) and 18 A (6) of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, (PC/PNDT Act). All these rules are to do with certain administrative procedures.

The petition argued that the notification could be misused by unscrupulous sections to conduct sex determination tests freely.

It contended the notification is without jurisdiction and a nullity as the PCPNDT Act does not provide any powers for the suspension of the rules made there under, thereby making the act of the Central government illegal.

"The action of the Central Government in suspending certain Rules under the PCPNDT Act, 1994, despite not having the power to do so, violates Article 14 and 21 of the Constitution, as (in addition to being without jurisdiction), the Central Government has arbitrarily and selectively weakened a legislation aimed at curbing the pernicious activity of sex-selection and sex-determination," said the plea.

The Health Ministry, however, contended that the notification will not dilute the spirit or application of the law in any form, and that sex determination is still strictly prohibited, and the suspension of the three rules doesn't mean the suspension of the Act.