Another victory for IMA: Rule 3(3)(1)(b) of the PNDT Rules is ultra vires and non-pelvic ultrasonologists to be out of PCPNDT act with some riders
Ina landmark judgement W.P.(C) 2721/2014: INDIAN MEDICAL ASSOCIATION vs UNION OF INDIA, IMA has been able to get a relief for the doctors in the country. The six month training rules are out and non-pelvic ultrasonologists are out of PCPNDT act with some riders.
The excerpts of the judgement
“ 98. We accordingly dispose of these petitions with the following declarations / directions:
(i) that Section 2(p) of the PNDT Act defining a Sonologist or Imaging Specialist, is bad to the extent it includes persons possessing a postgraduate qualification in ultrasonography or imaging techniques – because there is no such qualification recognised by MCI and the PNDT Act does not empower the statutory bodies constituted thereunder or the Central Government to devise and coin new qualification;
(ii) We hold that all places including vehicles where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or has the potential of detection of sex during pregnancy or selection of sex before conception, require registration under the Act;
(iii) However, if the person seeking registration
(a) makes a declaration in the form to be prescribed by the Central W.P.(C) Nos.6968/2011, 2721/2014 & 3184/2014 Page 82 of 83 Supervisory Board to the effect that the said machine or equipment is not intended for conducting pre-natal diagnostic procedures;
(b) gives an undertaking to not use or allow the use of the same for pre-natal diagnostic procedures; and,
(c) has a “silent observer” or any other equipment installed on the ultrasound machines, as may be prescribed by the Central Supervisory Board, capable of storing images of each sonography tests done therewith, such person would be exempt from complying with the provisions of the Act and the Rules with respect to Genetic Clinics, Genetic Laboratory or Genetic Counselling Centre;
(iv) If however for any technical reasons, the Central Supervisory Board is of the view that such “silent observer” cannot be installed or would not serve the purpose, then the Central Supervisory Board would prescribe other conditions which such registrant would require to fulfil, to remain exempt as aforesaid;
(v) however such registrants would otherwise remain bound by the prohibitory and penal provisions of the Act and would further W.P.(C) Nos.6968/2011, 2721/2014 & 3184/2014 Page 83 of 83 remain liable to give inspection of the “silent observer” or other such equipment and their places, from the time to time and in such manner as may be prescribed by the Central Supervisory Board; and,
(vi) Rule 3(3)(1)(b) of the PNDT Rules (as it stands after the amendment with effect from 9th January, 2014) is ultra vires the PNDT Act to the extent it requires a person desirous of setting up a Genetic Clinic / Ultrasound Clinic / Imaging Centre to undergo six months training imparted in the manner prescribed in the Six Months Training Rules.”
Note
2 (p) “sonologist or imaging specialist” means a person who possesses any one of the medical qualifications recognized under the Indian Medical Council Act, 1956 or who possesses a postgraduate qualification in ultrasonography or imaging techniques or radiology;
2014 amending Rule 3(3)(1)(b) of the PNDT Rules as well as the amended Rule. The amended Rule3(3)(1)(b) is as under:- 3.3.(1) Any person having adequate space and being or employing— (a) .....(b) a Sonologist, Imaging Specialist, Radiologist or Registered Medical Practitioner having PostGraduate degree or diploma or six months training duly imparted in the manner prescribed in the“the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) (SixMonths Training) Rules, 2014; (c) ....
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