HEMANTA RATH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed in public interest by one hemanta Rath, who describes himself to be a Social Activist and also claims to function as the President of Deaf and Dumb Society in the district of Khurda.

(2.) IN this petition a complaint is made that the State of Orissa is not implementing the provisions of Pre-conception and prenatal Diagnostic Techniques (Prohibition of sex Selection) Act, 1994 (hereinafter called 'pndt Act') even though the said Act was brought into existence in 1996 and was amended in order to make its provisions more effective by the Amendment Act 14 of 2003. The said amendment has come into existence with effect from 14-2-2003.

(3.) THE said Public Interest Litigation was filed noticing series of news items in the newspapers and in the electronic media to the effect that there have been recovery of hundreds of skeletons, skulls, body parts of children from different parts of the State. The petitioner asserts that recovery of such huge body parts has shocked the common man and from the news item, it also transpires that these things were found from an area which is close to various Nursing homes and Clinics. It is also alleged that in india, there is notorious practices of female foeticide and infanticide.