Question regarding validity of S. 2(p) of PNDT Act and R. 3(3)(1)(b) of the PNDT Rules, left open for the Supreme Court to answer

Madras High Court: While deciding upon the present writ petition whereby it was prayed that a Writ of Declaration be issued, declaring that the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training) Rules, 2014 is beyond the scope of the Pre-conceptional and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, and inconsistent with the Medical Council of India Act, 1956 and Regulations, the Division Bench of S.K. Kaul, C.J., and R. Mahadevan, J.,  held that once any High Court has declared the invalidity of a Central Act, it cannot be applied selectively in other States because in absence of a final decision by the Supreme Court on the validity of the provisions of PNDT Act and Rules, there is no question of applicability of the provisions struck down by the Delhi High Court.

The present issue concerned the Order of the Delhi High Court dated 17.02.2016 striking down Section 2(p) of Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Rule 3(3)(1)(b) of the PNDT Rules, 2014. The question was regarding the status/ applicability of the struck down provisions till the time the Supreme Court does not take any decision regarding it.

Perusing the question, the Court observed that since the Supreme Court has not stayed the operation of the Delhi High Court Order declaring the aforementioned provisions to be invalid, so no question rises regarding the applicability of the provisions. If the Supreme Court had decided to stay the operation of the High Court order, then only the provisions in question would have come back in force. The Bench therefore held that it is now upon the Supreme Court to decide upon the vires of the provisions of PNDT Act and PNDT Rules. [T. Rajakumari v. The Govt. of Tamil Nadu, 2016 SCC OnLine Mad 8992, decided on 03.08.2016]

Join the discussion

Your email address will not be published. Required fields are marked *

one × five =