FEDERATION OF OBSTETRICS AND GYNECOLOGICAL SOCIETIES OF INDIA (FOGSI) versus UNION OF INDIA AND OTHERS

FEDERATION OF OBSTETRICS AND GYNECOLOGICAL SOCIETIES OF INDIA (FOGSI) versus UNION OF INDIA AND OTHERS

Sections 23(1) and 23(2) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 are not ultra vires the Constitution. Deficiencies in Form 'F' and record keeping are fundamental violations and not mere clerical mistakes. Search, seizure, and suspension are reasonable restrictions justified by the serious social consequences of female foeticide. No case is made out for striking down or reading down Section 4(3), Sections 23(1), 23(2), or allied provisions. The writ petition is dismissed.

Parties
Petitioner: Federation of Obstetrics and Gynecological Societies of India (FOGSI); Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
03 May 2019
Procedural Posture
Writ Petition (civil) No.129 of 2017 / Final Judgment
Outcome
Writ petition dismissed
Legal Topics
Constitutional Validity, Regulation of Pre Conception and Pre Natal Diagnostic Techniques, Record Keeping Requirements, Reverse Burden of Proof, Search and Seizure, Suspension and Cancellation of Registration, Reasonable Restrictions
Constitutional Law Medical Law Criminal Law Constitutional Validity Regulation of Pre Conception and Pre Natal Diagnostic Techniques Record Keeping Requirements Reverse Burden of Proof Search and Seizure +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Federation of Obstetrics and Gynecological Societies of India (FOGSI)

Petitioner

Union of India and Others

Respondents

Procedural Posture

Writ Petition (civil) No.129 of 2017 / Final Judgment

Legal Issues

  1. 1 Whether Sections 23(1) and 23(2) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 are unconstitutional or ultra vires
  2. 2 Whether deficiencies in paperwork (Form 'F') amount to mere clerical mistakes or violations of mandatory provisions
  3. 3 Whether the power of seizure and sealing under Sections 30 and Rules 11 and 12 violates fundamental rights

Ratio Decidendi

Sections 23(1) and 23(2) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 are not ultra vires the Constitution. Deficiencies in Form 'F' and record keeping are fundamental violations and not mere clerical mistakes. Search, seizure, and suspension are reasonable restrictions justified by the serious social consequences of female foeticide. No case is made out for striking down or reading down Section 4(3), Sections 23(1), 23(2), or allied provisions. The writ petition is dismissed.

Court Disposition

Writ petition dismissed

Orders

  • Complete contents of Form 'F' held to be mandatory
  • No case for striking down or reading down Section 4(3), 23(1), 23(2), 20 or 30 of the Act