VidhiSangh

Supreme Court of India · 03/05/2019

FEDERATION OF OBSTETRICS AND GYNECOLOGICAL SOCIETIES OF INDIA (FOGSI) versus UNION OF INDIA AND OTHERS

[2019] 7 S.C.R. 12 · 2019 INSC 620

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Summary

The Supreme Court upheld the challenged PCPNDT Act provisions and rejected blanket decriminalisation of deficient Form F records as clerical lapses. Complete Form F contents were mandatory safeguards against sex determination. The Section 4(3) proviso created a rebuttable presumption, not automatic guilt without proof of deficiency. Suspension of a practitioner’s registration upon framing of charges was upheld as a preventive measure. Individual grievances remained subject to statutory remedies.

Issues

  1. Whether deficient Form F records could be excluded from penal consequences as merely clerical errors.
  2. Whether the Section 4(3) presumption and Sections 23(1) and 23(2) were unconstitutional.
  3. Whether Sections 20 and 30 required reading down.

Provisions considered

Held

Result

Writ petition dismissed without costs. Challenges to the proviso to Section 4(3) and Sections 23(1) and 23(2), and requests to read down Sections 20 and 30, rejected. Complete contents of Form F held mandatory.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 12.