Doctors diligence must in sex determination cases: Bombay HC

Mumbai: The Bombay high court has rejected criminal writ petitions of two doctors accused of not following norms and violating provisions of the PCPNDT Act while conducting sex determination tests at clinics where they were visiting as consultants. The health department had lodged complaints against the clinic heads and doctors for not filling the requisite form F before carrying out tests among other lapses.

The doctors pleaded that they were only consultants and that the clinics were guilty of negligence while filling the form and hence, the complaint against them should be quashed.

The court rejected the plea saying that the doctors were required to observe due diligence.

The plea was heard by justice A.K. Menon where the accused - Suryaprakash Karande and Vivek Kirkar from Solapur - had pleaded against six charges against them under the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Rules, 1996, and sections of the IPC. The petitioners had also challenged a June 27 order passed by the additional sessions judge, Solapur, confirming charges framed against them.Counsel for the petitioners argued that the lapses were on the part of the clinics and hence, allegations against the doctors were invalid and should be dropped.

However, additional public prosecutor Vinod Chate strongly opposed the contention and argued that there was prima facie evidence of direct involvement of the doctors in the offences as well as violation of PCPNDT norms. The court held that doctors were expected to be diligent while handling sex determination cases and could not shirk their responsibilities under PCPNDT rules.