LI Network
Published on: 28 July 2023 at 21:45 IST
The Gujarat High Court recently rejected a Special Criminal Application challenging the order of the Sessions Court, which allowed the discharge application of Respondent No. 1.
The Court emphasized that authorities must exercise caution and thoughtful consideration during investigations under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT Act) to avoid unjust consequences, particularly for genuine doctors.
Justice Sandeep N. Bhatt presided over the case and expressed concern about the hasty and thoughtless actions taken by authorities while registering complaints under the Act and its Rules.
The Court recognized that although action against erring doctors may be necessary at times, it should not lead to the sufferings of innocent practitioners due to authorities’ lack of critical thinking.
The case revolved around Respondent No.1, who faced allegations related to improper maintenance of records.
However, the Court observed that the charges lacked serious allegations against Respondent No. 1, as the clerical error in question was committed by the hospital staff and not by the doctor. Furthermore, Respondent No. 1, as the sole owner of the hospital, had no involvement in the alleged clerical mistake.
The PCPNDT Act aims to prevent sex selection and regulate pre-natal diagnostic techniques for detecting genetic abnormalities, metabolic disorders, chromosomal abnormalities, congenital malformations, and sex-linked disorders.
The Act sets the primary legal framework, with rules serving as secondary, procedural laws. The Court emphasized that rules cannot exceed the scope of the Act and must align with its purpose.
Therefore, the Court dismissed the Application and upheld the impugned order of the Trial Court. The judgment seeks to ensure fair treatment for doctors and compliance with the intent of the PCPNDT Act, preventing misuse and sex-selective practices.
