The apex court upheld the constitutional validity of Section 23(1) and 23(2) of pre-conception and pre-natal diagnostic Techniques (Prohibition of Sex selection) Act, 1994.
SC dismissed the writ petition filed by Federation of Obstetrics and Gynecological Society of India (FOGSI). The division bench comprising of Justice Arun Mishra and Justice Vineet Saran observed that dilution of the provision of the Act or the Rules would only defeat the purpose of the Act to prevent female foeticide, and regulate the right to life of girl child under Article 21 of the constitution, to a mere formality.
Further, the court held that complete content of form ‘F’ is mandatory. The federation approached the apex court seeking decriminalizing of anomalies in paperwork/ clerical errors in regard of provisions of the act contending that it is violative of Article 14 i.e. Right to Equality, Article 19(1)(g) i.e. Right to practice and profession or to carry on any trade or business, and Article 21 i.e. Right to life and personal liberty of the constitution of India.
The court further observed that filling of form F is a responsible job of the person who is undertaking such a test i.e. the Gynecologist/ Medical Geneticist/ Director of the clinic/center/ Laboratory to fill the requisite information.