VOLUNTARY HEALTH ASSOCIATION OF PUNJAB versus UNION OF INDIA AND OTHERS

Citation: [2016] 8 S.C.R. 192 · Decided: 08-11-2016 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off
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Judgment (excerpt)

[2016] 8 S.C.R. 192 
A 
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB 
B 
c 
D 
E 
F 
G 
H 
Y. 
UNION OF INDIA AND OTHERS 
(Writ Petition (Civil) No. 349 of2006) 
NOVEMBER 08, 2016 
[DIPAK MISRA AND SHIVA Km.TI SINGH, JJ.] 
Pre-Conception and Pre-Natal Diagnostic Techniques 
(Prohibition of Sex Selection) Act, 199./ - Pre-Conception and 
Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) 
Rules, 1996 - Proper i111ple111entation of the Act and the Rules-
Sought by filing writ petition u/Art. 32 of the Constitution - Supre111e 
Court by its order dated ./.3.2017 issued certain directions and 
fi1rther directed the States to file their respective status reports -
From time to time also issued directions - Held: Despite the Scheme 
of the Act and purpose of the various provisions and also the Rules 
framed under the Act, the dropping of sex ratio still remains a social 
ajjliction and a disease - Therefore. in addition to the directions 
issued earlie1; certai11 direc1io11s issued. 
Pre-Co11ception a11d Pre-Natal diagnostic Techniques 
(Prohibitio11 of Sex Seleclion) Act, 199./ - ss. 3-A, ./, 5, 6, 7, 16, 17, 
20, 23, 25, 27 and 30 - Pre-Conception and Pre-Natal Diagnostic 
Techniques (Prohibilion <~l Sex Selection) Rules, 1996 - rr. 9(./), JO 
and Fomt "F" - Misuse and 11'1'011g illfe11Jretation of the provisions, 
hy a11t/1orilies concerned - Alleged hy Indian Afedical Associalion 
in ils petilio11 u!Art. 32 of the Co11slitutio11 - Prayed j(Jr jiwning 
appropriate guidelines and safeguard parameters, providing for 
classification of offences, so as to prohibit misuse of the Act - Also 
prayed/or adding certain provisos/exceptions toss. 7, 17, 23 and 
1: 9 - Held: -Averments of present nature with such prayers are not 
entertainable - Whenever there is abuse of process of law, the 
individual is .fi·ee to avail the legal remedy. 
Crime Against Women - Female child foeticide - Held: When 
a female foetus is destroyed through artificial means ll'hich is legally 
impermissible, the dignity of life of woman to be born, is extinguished. 
Comtitution of India - Right to equality - A female child is 
192 
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. UNION 
J 93 
OF INDIA 
entitled to enjoy equal right that a male child is allowed to have -
A 
The perception of any individual or group or organization or system 
treating a woman with inequity, indignity, inequality or any kind of 
discrimination is constitutionally impermissible. 
Disposing of the Writ Petition (Civil) No. 349 of 2006 and 
dismissing Writ Petition (Civil) No. 575 of 2014, the Court 
B 
HELD: 
Writ Petition (Civil) No. 349 of 2006: 
1.1 A female child is entitled to enjoy equal right that a 
male child is allowed to have. The constitutional identity of a female 
child cannot be mortgaged to any kind of social or other conce11t 
that has developed or is thought of. It docs not allow any room 
for any kind of compromise. It only permits affirmative steps that 
arc constitutionally postulated. When rights arc conferred by the 
Constitution, it has to be understood that such rights are 
recognised regard being had to their naturalness and 
universalism. No one, endows any right to a female child or, for 
that matter, to a woman. The q ucstion of any kind of 
condescension or patronization does not arise. [Para 28)[216-E-
l<' I 
1.2 The perception of any individual or group or organization 
or system treating a woman with inequity, indignity, inequality m· 
any kind of discrimination is constitutionally impermissible. The 
historical perception has to be given a prompt burial. Female 
foeticide is conceived by the society that definitely includes the 
parents because of unethical perception of life nnd nonchalant 
attitude towards law. The society that treats man and woman with 
cq ual dignity shows the reflections of a progressive nnd civilized 
society. To think that a woman should think what a man or a society 
wants her to think, tantamounts to slaughtering her choice, and 
definitely a humiliating act. When freedom of free choice is 
allowed within constitutional and statutory parameters, others 
cannot determine the norms as that would amount to acting in 
derogation of law. Decrease in the sex ratio is a sign of colossal 
calamity and it cannot be allowed to happen. Concrete steps have 
to be taken to increase the same so that invited social disasters 
do not befall on the society. The present generation is expected 
c 
D 
E 
F 
G 
1-1 
194 
SUPREME COURT REP
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