Hon. Supreme Court gave guidelines for effective implementation of PCPNDT Act. But as Doctors did not challenge the F Form and other issues, no reliefs were granted. However, other legal remedies are available.

"A woman has to be regarded as an equal partner in the life of a man. It has to be borne in mind that she has also the equal role in the society i.e. thinking, participating and leadership" - Supreme Court....

A recent 43 pages landmark Judgment  of Apex Court on PCPNDT ACT..
The Petition was filed to seek appropriate guidelines to curb the evil of female foeticide.
 The Petition of IMA was also tagged with the original petition, wherein IMA contended the misuse of PCPNDT Act and most importantly F Form provision and prayed for framing appropriate guidelines and safeguard parameters, providing for classification of offences as well.. But no substantive reliefs have been granted per se...

http://judis.nic.in/supremecourt/imgs1.aspx?filename=44287

(Voluntary Health Association  of Punjab Versus Union of India and Others. (08/11/2016) W.P. Civil No.349/2006)

Let's see in brief...

1. The Apex Court first dealt with question of Female foeticide..Almost all the States filed their Affidavits thereby narrating the Sex Ratio in respective States..
2. The Court had its doubts relating to figures arrived at showing Sex Ratio and methodology used.
3. The Court observed Female foeticide has its roots in the social thinking which is fundamentally based on certain erroneous notions, egocentric traditions, perverted perception of societal norms and obsession with ideas which are totally individualistic sans the collective good.
4. Para - 33 of the Judgment talks about 16 guidelines to achieve the main object of PCPNDT ACT i.e. to curb the evil of female foeticide and to correct the imbalance in sex ratio. A Centralised Database is to be  maintained to know the exact no of Boys and Girls born.
5. The provisions relating to prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention and offenses thereof U Sec.22 and 23 respectively have to be strictly adhered to...
6. The AA as well as Judicial authorities dealing with PCPNDT Cases have to undergo periodic training. 
7. The cases of PCPNDT ACt to be decided preemptively
8. Now regarding F form and other issues of IMA. The Court observed as the validity of the Act nor the Rules has been specifically assailed in the Writ Petition, the prayer for carving certain exemptions was refused. 
However the Court said whenever there is an abuse of the process of the law, the individual can always avail the legal remedy.
9. How far these guidelines have been implemented is a matter of research.
Thus now the Doctors either has to put their grievances properly in separate Petitions or make representations to the Government for making necessary amendment.
10. Nevertheless, the judgments of Various High Courts which gave practical reliefs to Doctors in F Form shall remain...

Thanks and Regards

Adv. Rohit Erande
Pune.©

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