CASE ANALYSIS OF :

CEHAT V. UNION OF INDIA (2003) 8 SCC 412

ANALYSIS BY: ZEBIN KURIKKAL MP

: 9/5 BBA LLB

: 79

: GOVERNMENT LAW COLLEGE KOZHIKKODE

Centre for Enquiry into health and allied themes

Vs.

Union of India

BACKGROUND OF THE CASE

In the population census of 2001, it was found that the sex ratio has seen a radical imbalance in
the country even when some of the states were well off in comparison to other states and the
major reason which was brimming the rise of the social evil was the rampant misuse of the pre-
natal diagnostic techniques which the government has banned. Now coming onto the resultant
case the Centre for an inquiry into health and allied services is a Non-government organization
which was involved in a lot of the betterment and well-being of the society, thus a complaint has
been filed by the then organization with respect to the implementation of the Act done within the
country. Thus the apex court in its order of 4th May 2001 (2001) 5 SCC 577, inducted that the
practice is highly unfortunate as such practices lead to increased gender disparity a high sex
ratio, lives lost, lack of development, and abuse and violence against the women and children.
Moreover, it has been observed that families do not often keep this spillover in mind and thus
results in sex selection and will eventually hurt society as a whole. For effective control over this
rising social evil, the government of India adopted the Prenatal Diagnostic Techniques
Regulation and prevention of Misuse Act, 1994. The Act provides to prevent the misuse of
techniques for the purpose of prenatal sex determination leading to female foeticide and for the
matter connected with the Act came into force on 1st January 1996. However the has not been
effectively implemented by the authorities thus three such petitioners, Centre for Enquiry Into
Health and allied theme (CEHAT), Mahila Sarvangeen Utkarsh Mandal (MASUM), Dr. Sabu
M. Georges who was an experienced technique, approached the apex court under Article 32 of
the Indian Constitution

BRIEF FACTS OF THE CASE

The population census of 2001 stated that the sex ratio of the country has been badly affected in
some states as compared to others and the sole reason for such was the pre-natal diagnostic
technique which the Parliament had earlier banned. Centre for inquiry into health and allied
themes which worked towards betterment of people filed a petition in regards for the
implementation of such act. Apex court in its order dated 04.05.2001 stated that it was
unfortunate that female infanticide prevailed in our country. Thus the SC gave directions for the
following affect;

a) Directions to the Central Government

– to create public awareness regarding pre-natal diagnostic and female infanticide.

– Advisory committee should meet up regularly.

b) Orders for Central Supervisory Board (CSB)

– Ensure meetings are conducted once in 6 months.

– Ensure the reviewing and monitoring of the act’s implementation.

– Report shall be furnished by the appropriate authorities.

c) Order to State Government

– Proper authorities at state and district level.

– To institute advisory committee and proper campaigning in such effect.

– To aware people about the ill effects of such mal practices.

d) Orders to the appropriate authority

– To take action against any individual who violates section 22 of the act.

– To furnish report in regards of CSB.

4. The act was amended in 2003 keeping in mind the directions issued by the SC.

This writ petition was filed by three petitioners in the form of a class action suit scilicet of
CEHAT which is a non-governmental organisation, Mahila Sarvangeen Utkarsh Mandal
(MASUM) Centre based in Maharashtra and Anuradha Trust’s Research Centre based in
Mumbai and Pune, under Article 32 of the Constitution. The 2001 census presented perturbing
decline in females to male’s sex ratio and prompted the petitioners to move the Union of India to
the Court vis-a-vis effective implementation of pre-conception and pre-natal diagnostics Act
enacted in the year 1994.1 At the outset, the Act has failed to achieve its objective of eradication
of female feticide in the country, thus, needed strict implantations and holistic approach for the
elimination of sex-selective abortion in the country. Statistics present that discrimination against
girl child is unruly prevalent in India and with the deployment of misuse of prenatal diagnostic
techniques, it was duly observed that if the fetus was determined as a female fetus, then the fetus
would be aborted by the parents.2

1
'In Fight against Female Foeticide, SC Verdict Stresses on Implementation of Pre-Conception and Pre-Natal
Diagnostics Act' (HRLN 08 November 2016)<https://hrln.org/voluntary-health-assn-of-punjab-v-union-of-india-and-
others-2016-10-scc-265/> accessed 20 April 2020.
2
'Gender Composition' (Ministry of Home Affairs, Government of India)
<http://censusindia.gov.in/Census_And_You/gender_composition.aspx> accessed 22 April 2020.
 LEGAL ISSUES

With no effective implementation strategies being made by the States long after Pre-natal
Diagnostic Techniques Act, 1995 was enacted, the issue concerning the dire need to check the
misuse of the technology was duly raised by the Centre for Enquiry into Health and Allied
Themes, by bringing it to the court’s notice all the clinics involved into the malpractice and the
unauthorized use of the said technology pan India.
Another issue that was raised in the petition concerned with the amended Act; it was maintained
that the Act is not people friendly and not properly known to the people thereby putting it in
public that awareness about the Act is the need of the hour.3
The third issue that was raised by the petitioner demanded compliance by the concerned
authorities and the clinics pan India of the previous orders and punishing the one's indulged in
malpractices.
The most important issue that was raised was that due orders for all the States needs to be passed
for strict implementation of the provisions of the debated Act on which rests the foundation and
premise of this class action suit seeking apt remedies.

APPELLANT'S ARGUMENT

a. It was contended by the petitioner that despite the pre-natal diagnosis being banned and
punishable by the court, numerous clinics indulge in the misuse of the pre-natal diagnostic
technology.
b. Further, it was contended that the malpractice has resulted in colossal decline of the sex ratio in
many States that presents a worrisome picture for the country in the long run, therefore, needs
urgent attention and remedies.

3
Asmita Sahay, 'Centre for inquiry into health & allied themes(CEHAT) vs. Union of India' (2019) LTJ
<http://lawtimesjournal.in/centre-for-inquiry-into-health-allied-themescehat-vs-unionof-india/> accessed 20 April
2020.
c. Other contention that was raised concerned with the dire need of awareness cum education for
the public vis-à-vis the effective implementation of the Pre-natal Diagnostic Techniques Act,
1995.
d. Additionally, it was contended that requisite directions to the Central Government, Central
Supervisory Board, State Government and all the appropriate authorities must be given ensuring
complete compliance without any shortcomings.
e. Necessary amendment in the Act for better compliance and implementation of the provisions of
the Pre-natal Diagnostic Techniques Act, 1995 were sought through the contentions raised the
petitioners.
f. Demonstrative contrivance of the Pre-natal Diagnostic Techniques Act, 1995.

RESPONDENT'S ARGUMENTS

a. In With regards to setting up of appropriate advisory board Union of India Contended that,
Central, State and district advisory board was duly set as per the requirements of the Pre-natal
Diagnostic Techniques Act, 1995.
b. Union of India contended that appropriate campaigns were run and requisite awareness
programmes to the public was made by the use of electronic media to spread information about
the Pre-natal Diagnostic Techniques Act.
c. It was contended that strict and necessary actions were taken against the wrongdoers indulged in
the unauthorised use of the said technology for pre-natal sex determination which is a punishable
offence in India.
d. This way, the government has ensured compliance with the provisions of the Act which was
contented by the Union of India.
It was contended that penal actions were sought for the miscreants to achieve objectives of the
Pre-natal Diagnostic Techniques Act, 1995.

DECISION

Yes, the court found out that there is lack of strict implementation of provisions of the debated
act and it’s not people friendly. Further the court ordered to create public awareness about
prenatal determination of sex, illegal abortion, and rampant female feticide. Additionally, it
directed that the Central Supervisory Board should conduct a meeting every six months to review
and monitor the implementation of the Pre-natal Diagnostic Techniques Act.

The court further said ‘ It is unfortunate that the practice of female infanticide still prevails in the
Indian society, in order to combat the rising social evil the government of India enacted
the Prenatal Diagnostic Techniques ( Regulation and prevention of Misuse) Act,
1994 moreover to allow effective implementation of the same the supreme court directed the
Central government and all the state governments to file their responses and allegedly comply
with the required amendments in the current legal structure with respect to an articulated
vigilance over the clinical center with in furtherance of the certain dignified rules and
regulations.’

RATIONALE

The SC directed the central government and state government to file their respective responses in
regard of the guidelines that were laid. However the court was not satisfied with their response.
Due to this the SC gave new directions in furtherance of the order that was previously given.

a) For the effective implementation of the said amended act the SC held that the advertisement
for the same should be done through electronic media till the people are aware of the fact that
discrimination towards sex is not acceptable and the same is punishable.

b) There should be publication of the quarterly report which is submitted to the advisory board.

c) Record of all the meetings shall be recorded by appropriate authority.

d) Information shall be made accessible to the general public of the records that are maintained
by the Authority.

e) Report of the committee shall also be sent to the Central Supervisory Board and State
Supervisory Board.

f) The National Monitoring and inspection Committee which was formed for the proper
implementation of the act shall work towards the same effectively.
 ANALYSIS
This is a milestone case in female jurisprudence. Because the prenatal diagnostic technique
(Prevention and Misuse) 1994 is a masterpiece of legislation that prohibits female feticide in
India. The object behind this Act is to maintain the balance of the sex ratio. The provisions of
the PCPNDT Act 1994 should be strictly implemented. But it didn’t. That’s why this case is so
important in gender justice and female jurisprudence. The judgment in this case was to eradicate
female feticide and the proper execution of PCPNDT act 1994. It is not easy to change overnight
the attitude of women towards female feticide. It takes time to change the mindset of the public.
The government has initiated many programs like Beti Bachao, Beti Padhao and Sukanya
Samridhi Account to encourage the birth rate and education of girl child and also end gender
discrimination practices Government should see these schemes should be properly implemented
and finally the directions of the courts regarding the prevention of female feticide should be
strictly followed by the Central Advisory Board and Appropriate Authority.

As long as there is fascination for male child and phobia for female child and girl child is
considered as a burden, people will resort to any means for aborting the female fetus. Social
malaise of such a magnitude cannot be remedied only through legislation and court cases. It is
true that technology is aiding systematic elimination of girl child still technology does not exist
in a vacuum.

The PNDT Act and its strict implementation undoubtedly is a step in the right direction for
preventing the killing of unborn girls. The grave crime of female fetus being done away also
needs to be noticed in holistic perspective of gender injustice. Rabidly followed unequal
treatment meted out to women, perpetration of violence, lack of education and denial of
economic opportunities, total stifling of their voice even in such intimate and integral matter as
raising their own family, displays firmly imbedded patriarchal mindset. Even in matters where
doctors are not directly involved, in case if they have definite information, their vigilance in
reporting such acts to competent authority certainly can help .for non-reporting would mean
joining in the conspiracy of silence, if the PNDT Act has to be a transformative force, emphasis
also has to be laid on sufficient education, lobbying, publicity and commitment to saving female
fetuses; unborn daughters so that their Right to Life is recognized and asserted. What is
ultimately needed is the development of innovative strategy of engaging with law as means of
mobilization and resistance.

Since female feticide is considered as extreme gender injustice, such cruel act of injustice should
be eradicated at any cost. And the PNDT Act was the major act which was implemented for
eradicating it. Unfortunately ‘as usual ‘the government didn’t take the act serious and the Act
didn’t have any positive effect on the society. It is after this case the court directed government
to strict implementation of act which resulted in great results. The percentage of female feticide
had tremendously decreased on following years and thus having a greater impact on society on
views about female feticide, due to strict execution of act. Now a day the perception towards
female feticide has changed so much and nobody dares to reveal the gender of the baby .This is
the perfect example of how a problem is solved if the laws were implemented properly. And in
the case of eradication of female feticide, this case i.e., cehat v. union of India , has a bigger role
.It is this case that made this cruel gender injustice vanish .so we can undoubtedly say this case is
a milestone case in gender justice . It has a great role in shaping of today’s gender equal society
where both male and female child is considered as a blessing (there are still exception though,
but much better when compared to the past).