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Voluntary Health Ass. of Punjab v. Union of India & Ors.

November 26, 2021
Writ Petition(s) (Civil) No(s). 349/2006

Constitution of India — Art. 32 — Writ petition — Power to issue necessary directions — Issue of sex ratio — Pursuant to order dt. 25-11-2014, the committee had been constituted to verify the data submitted by three States, namely, U.P., Haryana and Delhi — From the report, it is noticed that certain cases are pending for trial before the trial court — Regard being had to the fact that they have been instituted long back, direction issued that the proceedings that are pending before for trial and where there is no stay order of the High Court or Supreme Court, the same shall be taken up in quite promptitude and be disposed of — Further direction issued that the State of U.P. shall issue a circular requiring the competent authorities as nominated by it to register the births of children (male or female) at the time of birth so as to effectively show the progress or regress of the sex ratio — It is directed that the sex ratio shall be maintained district-wise so that it would be appreciated in which district the ratio is not properly maintained and accordingly steps can be taken — — Competent authorities, who are required to launch the prosecution, must be adequately trained                                                           (Paras 5, 6 and 7)

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(Dipak Misra and Prafulla C. Pant, JJ.)


 


Voluntary Health Ass. of Punjab ____________________ Petitioner


 


v.


 


Union of India & Ors. ____________________________ Respondent(s)


Writ Petition(s) (Civil) No(s). 349/2006, decided on January 13, 2015


With


SLP (Crl) No. 5800/2013, W.P. (C) No. 575/2014


 


The Order of the court was delivered by


Order


 


Pursuant to order dated 25.11.2014, the Committee has been constituted. It has verified the data submitted by three States, namely, Uttar Pradesh, Haryana and Delhi.


 


As far as the State of U.P. is concerned, on a perusal of the report, it transpires that the figures that were submitted by the State of Uttar Pradesh have been verified by the Committee and found to be correct.


 


On a perusal of the report along with the documents that have been annexed to, it is noticed that certain cases are pending for trial before the trial Court. Regard being had to the fact that they have been instituted long back, we direct that the proceedings that are pending before for trial and where there is no stay order of the High Court or this Court, the same shall be taken up in quite promptitude and be disposed of within a period of three months commencing 20th January, 2015. The finalisation of the trial and the result thereof shall be submitted to this Court by way of an affidavit filed by the Director of Prosecution. The order passed today be sent by the Registry to the Registrar General of the High Court of Judicature at Allahabad for circulation to the concerned courts.


 


The competent authority of the State of U.P. shall make 75 copies of the list contained at page 15 on wards of the report of the Committee and file before the Registrar General of the High Court of Judicature at Allahabad on or before 17.01.2015 and the said authority shall srutinize those copies and send it to the concerned District and Sessions Judges where the cases are pending for taking appropriate steps. Any deviation shall be seriously viewed.


 


Quite apart from the above, it is directed that the State of U.P. shall issue a circular requiring the competent authorities as nominated by it to Register the births of children (male or female) at the time of birth so as to effectively show the progress or regress of the sex ratio. We have been compelled to issue such a direction as Mr. Gonsalves, learned senior counsel appearing for the petitioner would contend with vehemence that the State of Uttar Pradesh has not taken pains to get such registration done. If the State of Uttar Pradesh has already taken such steps in accordance with law, it shall be put on record by way of an affidavit duly sworn to by the Principal Secretary, Department of Health and, if not, the same shall be complied with as directed hereinabove.


 


It is directed that the sex ratio shall be maintained district-wise so that it would be appreciated in which district the ratio is not properly maintained and accordingly steps can be taken.


 


Be it noted that the competent authorities under the Act who are required to launch the prosecution must be adequately trained. We are of the convinced opinion that as they are not trained, a sense of lethargy and lackadaisical propensity has prevailed in the scenario. Such an activity can be at bay, if they are given requisite training. On a query being made, Mr. Ratnakar Dash, learned senior counsel, submitted that all the officers can be trained by U.P. Judiciary Training and Research Institute, Lucknow. We request the learned Chief Justice, High Court of Judicature at Allahabad to make such an arrangement in the month of February. The Chief Secretary of the State shall enter into communication with the Registrar General of the High Court of Judicature at Allahabad for determination of the schedule. The Director of Prosecution shall remain personally present during the entire period of training and there should not be any of truancy. We are using the word truancy as we have been apprised that the Director of Prosecution is a Government Servant and it is his sanguine duty to see that the officers avail in all training seriousness.


 


At this juncture, it is submitted by Mr. Sanjay Parekh, learned counsel appearing for the applicant that in certain cases, the figures that are collected as regards the birth of children are not put on the web site. It is directed that the said figures/data shall be put on the Government website and the said website shall be adequately publicized.


 


As far as otehr States are concerned, let the matter be listed on 20.01.2015.


 


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