Cehat And Ors. vs Union Of India (Uoi) And Ors.

1. Heard the learned counsel for the parties and considered the affidavits filed on behalf of various States. From the said affidavits, it appears that the directions issued by this Court are not complied with.

2. At the outset, we may state that there is total slackness by the administration in implementing the Act. Some learned counsel pointed out that even though the genetic counselling centers, genetic laboratories or genetic clinics are not registered, no action is taken as provided under Section 23 of the Act, but only a warning is issued. In our view, those centers which are not registered are required to be prosecuted by the authorities under the provisions of the Act and there is no question of issue of warning and to permit them to continue their illegal activities.

3. It is to be stated that the appropriate authorities or any officer of the Central or the State Government authorised in this behalf is required to file complaint under Section 28 of the Act for prosecuting the offenders.

4. Further, wherever at district level, appropriate authorities are appointed, they must carry out the necessary survey of clinics and take appropriate action in case of non-registration or non-compliance with the statutory provisions including the Rules. Appropriate authorities are not only empowered to take criminal action, but to search and seize documents, records, objects etc. of unregistered bodies under Section 30 of the Act.

5. It has been pointed out that the States/Union Territories have not submitted quarterly returns to the Central Supervisory Board on implementation of the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (hereinafter referred to as "the Act"). Hence, it is directed that the quarterly returns to the Central Supervisory Board should be submitted giving the following information:

(a) Survey of centers, laboratories/clinics,

(b) registration of these bodies,

(c) action taken against unregistered bodies,

(d) search and seizure,

(e) number of awareness campaigns, and

(f) results of campaigns.

6. From the record, it is apparent that the State of Chhattisgarh and on behalf of the Union Territory of Chandigarh, affidavits are not filed.

7. For the State of Jammu and Kashmir, learned counsel appearing on behalf of the State submits that at present, the Act is not applicable to the State of Jammu and Kashmir. However, till there is similar enactment, the State authorities would take appropriate action on the basis of the directions which may be issued by the Court.

8. As per various affidavits, learned counsel for the petitioners and Respondent 1 pointed out that some States have complied with the directions issued by this Court on 4-5-2001, center for Enquiry into Health & Allied Themes (CEHAT) v. Union of India, , but the following directions are not complied with by the States mentioned hereinbelow:

(a) For the direction of issuing notification of appropriate authorities at district levels, the following States/UTs have not complied with:

States

Goa, Jammu and Kashmir, Nagaland and Tripura

UTs

Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman & Diu, Lakshadweep, Pondicherry and NCT of Delhi.

(b) For the direction regarding issue of notification for appointing appropriate authorities at sub-district level, the following States/UTs have not complied with:

States

Arunachal Pradesh, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Maharashtra, Mizoram, Nagaland, Orissa, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal.

UTs

Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, Pondicherry and NCT of Delhi.

(c) With regard to the direction issued for the Advisory Committees to aid and advise the appropriate authorities, the following States/UTs have not complied with:

States

Arunachal Pradesh, Goa, Himachal Pradesh, Jammu and Kashmir, Jhurkhand, Maharashtra, Meghalaya, Mizoram, Nagaland, Rajasthan, Sikkim, Tripura and West Bengal.

UTs

Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, Pondicherry and NCT of Delhi.

(d) For constitution of the Sub-District-Level Advisory Committees, the following States/UTs have not done the needful:

States

Andhra Pradesh. Arunachal Pradesh. Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka. Kerala, Maharashtra, Meghalaya. Mizoram, Nagaland, Orissa, Rajasthan, Sikkim, Tamil Nadu, Tripura. Uttar Pradesh and West Bengal.

UTs

Andaman and Nicobar Islands, Chandigarh. Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, Pondicherry and NCT of Delhi.

(c) For the direction to publish a list of appropriate authorities in the print media, electronic media, hoardings and other means, the following States/UTs have not done the needful:

(i) Re print media: no action is taken by the following:

States

Assam, Goa, Himachal Pradesh, Jammu and Kashmir, Kerala, Maharashtra, Meghalaya, Manipur, Nagaland, Orissa, Sikkim, Uttaranchal and Uttar Pradesh.

UTs

Dadra and Nagar Haveli, Lakshadweep and NCT of Delhi.

(ii) Re electronic media; no action is taken by the following:

States

Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Kerala, Maharashtra, Meghalaya, Manipur, Nagaland, Orissa, Punjab, Sikkim, Tamil Nadu, Tripura, Uttaranchal, Uttar Pradesh and West Bengal.

UTs

Dadra and Nagar Haveli, Daman and Diu, Lakshadweep and NCT of Delhi.

(iii) Re hoardings: no action is taken by the following:

States

Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Kerala, Madhya Pradesh, Maharashtra, Meghalaya, Mizoram, Manipur, Nagaland, Orissa, Punjab, Sikkim, Tamil Nadu, Tripura, Uttaranchal, Uttar Pradesh and West Bengal.

UTs

Andaman and Nicobar Islands, Dadra and Nagar Haveli, Lakshadweep and NCT of Delhi.

9. In this view of the matter, we direct all the State Governments/Union Territories to implement the Act and submit the compliance report as directed by our order dated 4-5-2001 as well as this order within six weeks from today.

10. List this matter after six weeks.