The Supreme Court on Tuesday (9th September) granted states four more weeks to respond to a petition seeking stricter enforcement of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, which bans the use of prenatal diagnostic tests to determine the sex of a foetus.
A bench of Justices BV Nagarathna and R Mahadevan noted that while most states have submitted their affidavits, around five states are yet to do so. The court had earlier, in September last year, directed states to provide data on cases, appeals, revisions, and other proceedings under the Act since May 1, 2015.
Senior advocate Sanjay Parikh, appearing in the matter, highlighted that many acquittals in such cases were not challenged in appeal, raising concerns over poor prosecution. “Why are appeals not being filed against acquittals?” the bench questioned.
Counsel for one of the states assured the court that its affidavit would be filed within two weeks. The bench, while granting time until October 10, warned that it may impose costs in the future for delays. Parikh was also appointed as amicus curiae in the matter.
The petition, filed by advocate Shobha Gupta in 2022, seeks strict implementation of the PCPNDT Act and related rules, and mandates filing appeals against all acquittals. The Supreme Court had issued a notice to the Centre on this plea in September 2022 and later sought state responses in July 2023.
