MP High Court Directs State To Strictly Implement Provisions Of Pre-Conception & Pre-Natal Diagnostic Techniques Act

The Madhya Pradesh High Court, on Monday (October 14), directed the State to strictly comply with the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Rules of 2014 regarding the qualification of doctors and staff doing sonography of pregnant women. 

In doing so, the court dismissed a public interest litigation filed by a journalist who appeared to be targeting only one individual and failed to show instances of violation by the said institute or other institutions. 

The division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf ordered; 

"In view of the assurance given and in view of the fact that present petition appears to be targeting only one individual and no instance of violation of the act or the rules has been pointed out by the petitioner either against the said institute or any other institute. We are of the view no further action is called for on the petition and the said petition is accordingly dismissed".

The bench further directed; 

"However, we direct the State authorities to strictly implement the provisions of Pre Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and the Rules made thereunder throughout the State of Madhya Pradesh". 

The petitioner, Journalist Rambhuvan Gautam, contended that the Director of RDS Hospital (respondents 6 and 7) does not have the qualification to perform sonography on pregnant women under the PC and PNDT Rules, 2014. He further submitted that he had filed a complaint of the same before the Chief Medical Officer, which resulted in the premises of the hospital being sealed. 

However, the court noted that the petitioner failed to show instances of other institutions failing to comply with the Act, 1994 and Rules, 2014, rather, targeting only RDS hospital. The court further noted that the authorities, upon the petitioner's complaint, took immediate action and sealed RDS Hospital's premises. 

The petitioner, though, contended that the premises were de-sealed and produced the educational qualification of the Director, who possessed the degrees of MBBS, MS, and PGDUSG. It was contended that while the director was qualified to perform sonography in his own speciality, he is not permitted to conduct sonography on pregnant women. 

The court rejected this contention, noting that the petitioner failed to prima facie show any infractions by the Director. 

"It appears that the present petition is a motivated petition filed by the petitioner targeting only one individual against whom even a complaint was made to the Chief Medical Officer and State authorities", the court added. 

The court further rejected Petitioner's argument, noting that the Director's Post Graduate Diploma in sonography was obtained from a private institute. When questioned about this information, the petitioner declined to disclose the source, invoking journalistic privilege. 

The court dismissed the writ petition. 

Case Title: Rambhuvan Gautam v State [WP-36098-2025]

For Petitioner: Advocate Nilesh Kotecha

For Respondent: Deputy Advocate General Vivek Sharma

Click here to read/download the Order