Madras HC upholds police power on PC PNDT cases
Chennai: Upholding the power of police, the Madras High Court has recently held that doctors, who are violating the law and performing the sex determination test on pregnant women can get arrested or booked for the crime.
The Pre Conception- and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act demands that only appropriate authorities can take investigate or take legal action for any violation.
However, the HC bench comprising of Justice G Jayachandran referred to Sections 4 and 5 of the CrPC and held that all offences under law other except from IPC can also be investigated, enquired and tried following the procedures under the code. The only exception is in the case of alternate procedure mentioned in the code that barring the police from investigation.
"If police are prohibited from registering FIR or to investigate, if in case of any imminent necessity to arrest a person to prevent commission of any offence under the Pre Conception- and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, no authority can do it and the offence cannot be prevented but only by punished after commission," noted the HC bench.
The court also noted if the interpretation that only an appropriate authority notified under the act gets permission register complaint for the violation of law under the act gets permitted to stay, then the act's aim of stopping female feticide will get defeated.
Also Read: Gurugram: Illegal Sex Determination Racket Busted, Doctor among three arrested
Such observations came from the HC bench while it was considering a plea moved by Dr Dhamayanthi Rajkumar of Sree Mathurra Hospital, Attur, Salem. The plea had been filed by the doctor as she challenged the FIR against her for allegedly conducting sex determination test.
