PCPNDT : Hon. 'Supreme Court' gives relief to Doctors in 'F forms' technical defects cases.

Case Details :

Dr. Radhakrishna V/s. State of Maharashtra

Criminal Appeal No.427/2019

Before : Hon. Supreme court of India

Decided on : 05/03/2019

Coram : HON'BLE THE CHIEF JUSTICE Mr. RANJAN GOGOI & HON'BLE MR. JUSTICE SANJIV KHANNA.
Judgment Link :
https://indiankanoon.org/doc/32597862/

Facts in Short :

1. The Petitioner Doctor challenged the order of Hon. Bombay High Court, bench at Aurangabad, dated 9th May, 2014 refusing to quash and set aside the criminal proceedings  under Sections 23 and 29 of PCPNDT Act.

2. The allegations/lacunas against the Doctor made in the Compliant dated 05/12/2012 were as under :

i) Form “F” column no.11 and 9 was not as per the provisions of the PCPNDT Act. Words "Invasive" and "Non-Invasive" were not printed on F Forms. 

ii) Old Aloka Sonography portable machine was kept in the store room and it  was not entered in the registration certificate.

iii) The time table of Sonologist was not mentioned in the registration certificate.

iv) The  Dr. Zalwar performing sonography,  had different signatures on the declaration forms.

v) The reason for the abortion was not properly recorded in the register maintained for it.”

Held :

1. Hon. Lordships observed that it was not the case of prosecution that F Forms were not properly maintained.

2. It is also accepted and not denied by the Respondent-govt. that the Column Nos. 9 and 11 of Form ‘F’ had correctly mentioned and recorded the medical procedure performed i.e. ultrasound, though it is accepted that the ultrasound which is an invasive procedure and Amniocentesis; Chorionic villi aspiration; Cordocentesis and any other specified procedure which fall under ‘non-invasive’ category were duly printed and mentioned. 

3.  The petitioners had pointed out that they have taken the remedial steps to include the words ‘Non- invasive’ and ‘Invasive’. It was not the case of the Govt. that other columns in the Form were not properly filled up or there were other defects. No other defects in the record maintained have been pointed out. Thus mere non mention of "Words "Invasive" and "Non-Invasive"  cannot attract Criminal action.

4. In respect of allegations "ii, iii & iv", it was held that, it was an accepted fact that the old machine was not working and was discarded and this fact was made aware to the Authorities way back in the year 2009. 

5. Further it was held that (in respect of allegation no. 'iii') that there is no provision under PCPNDT Act to maintain any such Time-table of a Sonologist. 

6. Regarding different signatures of Sonologist (allegation no. iv), it was held that the Doctor never denied his signatures and moreover it was without specific reference to any particular Form etc.

7. Regarding allegation no.v, it was held that  they do not relate to the provisions of the Act under which the prosecution has been initiated. Further the Authorities failed to plead and prove  in complaint the specific period of which the Registers etc. were not maintained.

8. Taking into account overall view of the matter, it was held that the prosecution in the instant case is futile and abortive and, therefore, ought not to be permitted to continue and accordingly quashed and set aside the criminal action and orders against the Doctors. 

I think perhaps for the 1st time Supreme Relief on F Form technical  defect cases. This judgment gives implied message too that Doctors should not be harassed for mere technical defects in F Form. The Courts have take serious action against culprit doctors who indulge into sex determination. 
I have mentioned in my other blogs, but at the cost of repetition, I may again say :
If we want to achieve the main object of the PCPNDT Act i.e. to save the girl child, it cannot be done by  whipping the Doctors alone. We as a society should change the mindset.
Merely  saying on paper that यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवताः  (meaning where women are honored, divinity blossoms there) is not going to help. Those Doctors who want to determine the Sex will do it even after completing all the F Form and other formalities. Therefore it is said that ,

IF MEN ARE PURE LAWS ARE USELESS 

AND 

IF MEN ARE CORRUPT LAWS ARE BROKEN.

Thanks and Regards,

Adv. Rohit Erande

Pune. ©