- Home
- Medical news & Guidelines
- Anesthesiology
- Cardiology and CTVS
- Critical Care
- Dentistry
- Dermatology
- Diabetes and Endocrinology
- ENT
- Gastroenterology
- Medicine
- Nephrology
- Neurology
- Obstretics-Gynaecology
- Oncology
- Ophthalmology
- Orthopaedics
- Pediatrics-Neonatology
- Psychiatry
- Pulmonology
- Radiology
- Surgery
- Urology
- Laboratory Medicine
- Diet
- Nursing
- Paramedical
- Physiotherapy
- Health news
- Fact Check
- Bone Health Fact Check
- Brain Health Fact Check
- Cancer Related Fact Check
- Child Care Fact Check
- Dental and oral health fact check
- Diabetes and metabolic health fact check
- Diet and Nutrition Fact Check
- Eye and ENT Care Fact Check
- Fitness fact check
- Gut health fact check
- Heart health fact check
- Kidney health fact check
- Medical education fact check
- Men's health fact check
- Respiratory fact check
- Skin and hair care fact check
- Vaccine and Immunization fact check
- Women's health fact check
- AYUSH
- State News
- Andaman and Nicobar Islands
- Andhra Pradesh
- Arunachal Pradesh
- Assam
- Bihar
- Chandigarh
- Chattisgarh
- Dadra and Nagar Haveli
- Daman and Diu
- Delhi
- Goa
- Gujarat
- Haryana
- Himachal Pradesh
- Jammu & Kashmir
- Jharkhand
- Karnataka
- Kerala
- Ladakh
- Lakshadweep
- Madhya Pradesh
- Maharashtra
- Manipur
- Meghalaya
- Mizoram
- Nagaland
- Odisha
- Puducherry
- Punjab
- Rajasthan
- Sikkim
- Tamil Nadu
- Telangana
- Tripura
- Uttar Pradesh
- Uttrakhand
- West Bengal
- Medical Education
- Industry
Mandatory installation of Active Tracker in ultrasound machines : MP high court nullifies order
"The Order of Mandatory installation of Active Tracker device nullified, as it proved to be" - Hon. M.P. High Court.
In its recent judgment dated 18/01/2017, on bunch of Writ Petitions, the Hon. M.P. High Court has delivered the common verdict.. Needless to mention that its Binding effect will be limited to that State only.
Facts and Background :
1. In order to curb the menace of illegal sex determination, the devices like active tracker or silent observers have been required to be installed by the various State Government.
2. In M.P., various Writ Petitions were filed by doctors whereby the order of Govt. interalia praying therein for quashing of directing compulsory installation of Active Tracker to sonography machines or in the alternative direct to the State Govt to bear all the expenses for installing the same.
3. In the meantime, one Expert Committee under the Chairmanship of Director RCH was formed to decide the real use of and the Committee gave following recommendations, which are self explanatory :
• Active tracker cannot be advocated as there is enough evidence to show that it has not contributed towards effective tracking and therefore any improvement of sex ratio at birth
• Active tracker has not been able to identify the violation under the PCPNDT Act.
• Active tracker has financial implication and would increase the cost of procedures ultimately for patients/pregnant women.
• Tampering with Active Tracker is always possible and undetectable.
• Active tracker will generate huge data/images that will require sizeable human resources for its management and overburden the Appropriate Authorities without knowing whether it will stand the legal scrutiny in the Court of law.
• Any internet dependent monitoring system for tracking USG machines is not practical due to the problem of connectivity.
• It based monitoring systems cannot be useful for monitoring the misuse of unregistered/unauthorised USG machines which are still out of the purview of the PC and PNDT Law Annexure R/2.
4. Thus relying on these recommendations, by order dated 27/08/2016, impugned order of Mandatory installation of Active Tracker was nullified. All other law points raised are kept open.
Other than M.P. State, this judgment certainly has persuasive value. Changing the mindset of people is required to curb the menace of sex determination. It reminds me a famous quote,
"IF MEN ARE PURE, LAWS ARE USELESS AND IF MEN ARE CORRUPT, LAWS ARE BROKEN"
Thanks and regards
Adv. Rohit Erande
Pune. ©
You can read the full judgement by clicking on the following link
http://www.mphc.gov.in/upload/jabalpur/MPHCJB/2015/WP/11247/WP_11247_2015_FinalOrder_18-Jan-2017.pdf
In its recent judgment dated 18/01/2017, on bunch of Writ Petitions, the Hon. M.P. High Court has delivered the common verdict.. Needless to mention that its Binding effect will be limited to that State only.
Facts and Background :
1. In order to curb the menace of illegal sex determination, the devices like active tracker or silent observers have been required to be installed by the various State Government.
2. In M.P., various Writ Petitions were filed by doctors whereby the order of Govt. interalia praying therein for quashing of directing compulsory installation of Active Tracker to sonography machines or in the alternative direct to the State Govt to bear all the expenses for installing the same.
3. In the meantime, one Expert Committee under the Chairmanship of Director RCH was formed to decide the real use of and the Committee gave following recommendations, which are self explanatory :
• Active tracker cannot be advocated as there is enough evidence to show that it has not contributed towards effective tracking and therefore any improvement of sex ratio at birth
• Active tracker has not been able to identify the violation under the PCPNDT Act.
• Active tracker has financial implication and would increase the cost of procedures ultimately for patients/pregnant women.
• Tampering with Active Tracker is always possible and undetectable.
• Active tracker will generate huge data/images that will require sizeable human resources for its management and overburden the Appropriate Authorities without knowing whether it will stand the legal scrutiny in the Court of law.
• Any internet dependent monitoring system for tracking USG machines is not practical due to the problem of connectivity.
• It based monitoring systems cannot be useful for monitoring the misuse of unregistered/unauthorised USG machines which are still out of the purview of the PC and PNDT Law Annexure R/2.
4. Thus relying on these recommendations, by order dated 27/08/2016, impugned order of Mandatory installation of Active Tracker was nullified. All other law points raised are kept open.
Other than M.P. State, this judgment certainly has persuasive value. Changing the mindset of people is required to curb the menace of sex determination. It reminds me a famous quote,
"IF MEN ARE PURE, LAWS ARE USELESS AND IF MEN ARE CORRUPT, LAWS ARE BROKEN"
Thanks and regards
Adv. Rohit Erande
Pune. ©
You can read the full judgement by clicking on the following link
http://www.mphc.gov.in/upload/jabalpur/MPHCJB/2015/WP/11247/WP_11247_2015_FinalOrder_18-Jan-2017.pdf
Meghna A Singhania is the founder and Editor-in-Chief at Medical Dialogues. An Economics graduate from Delhi University and a post graduate from London School of Economics and Political Science, her key research interest lies in health economics, and policy making in health and medical sector in the country. She is a member of the Association of Healthcare Journalists. She can be contacted at meghna@medicaldialogues.in. Contact no. 011-43720751
Next Story