ROHIT DHYANI Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) The present petition has been filed for the implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prevention and Prohibition) Act, 1994 in the State of Uttarakhand. The State Government has filed the counter affidavit. According to the averments made in the counter affidavit, State Supervisory Board has been constituted; State Appropriate Authority has been nominated. The State and District Advisory Committees have been constituted. In all the 13 districts of the State of Uttarakhand, the respective District Magistrates have been designated as District Appropriate Authorities of their respective Districts. The State level PCPNDt has been constituted. The PCPNDT cells have been constituted. In the year 2012, four cases of violation of the PC&PNDT Act were pending (01 at Almora and 03 at Dehradun).

(2.) Three cases (01 at Haridwar and 02 at Nainital) have been filed in the year 2013. Article 42 of the Constitution of India lays down that the State shall make provision for securing just and humane conditions of work and for maternity leave. It is the duty of the State to raise the level of nutrition and the standard of living and to improve public health as provided under Article 47. According to the news item published in the vernacular newspaper, a delivery has taken place on the suspension bridge in the interior part of the State. It is unfortunate. This should not happen again. The expectant mothers are required to be removed to the nearest government hospitals for delivery to save their lives. The delay in bringing the expectant mothers to nearest hospitals may prove fatal. According to the reply filed by the State Government, considering the geographical terrain and number of sonography machines in the districts of the State, two State Inspection and Monitoring Committees have been constituted, each in Garhwal and Kumaon Region. The Silent Observer Device is being installed in all the government facilities and Two Silent Observer sonography devices have been installed by the Vision India Pvt. Ltd. The State machinery has carried out necessary investigation to detect un-registered sonographic centers in the State.

(3.) The initiatives taken by the State Government are laudable. However, still, in the larger public interest, we issue the following mandatory directions to the State Government: -