SC to hear pleas challenging Delhi HC order on ultrasonography
It mandated six months’ training to perform the procedure
08/01/2020, LEGAL CORRESPONDENT,NEW DELHI
The Supreme Court on Tuesday agreed to hear, in detail, pleas challenging a Delhi High Court decision removing the mandatory six-month training required under law for performing ultrasonography.
A Bench led by Chief Justice of India Sharad A. Bobde scheduled the case for hearing on April 8.
In March 2018, the Supreme Court had passed an interim order staying the operation of the High Court’s February 17, 2016 order. The SC had said prima facie, the HC verdict transgressed into an area of legislative policy.
“The Training Rules 2014 were made by the Central government in exercise of the power conferred by Parliament. Prima facie, the Rules are neither ultra vires the parent legislation nor do they suffer from manifest arbitrariness,” the court had observed in its interim order.
The Supreme court had also observed that the High Court had “squarely impinged” on its November 2016 judgment in the Voluntary Health Association of Punjab case, which called for the strict implementation of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training) Rules, 2014, to bring to an end the social evil of female foeticide.
It mandated six months’ training to perform the procedure
08/01/2020, LEGAL CORRESPONDENT,NEW DELHI
The Supreme Court on Tuesday agreed to hear, in detail, pleas challenging a Delhi High Court decision removing the mandatory six-month training required under law for performing ultrasonography.
A Bench led by Chief Justice of India Sharad A. Bobde scheduled the case for hearing on April 8.
In March 2018, the Supreme Court had passed an interim order staying the operation of the High Court’s February 17, 2016 order. The SC had said prima facie, the HC verdict transgressed into an area of legislative policy.
“The Training Rules 2014 were made by the Central government in exercise of the power conferred by Parliament. Prima facie, the Rules are neither ultra vires the parent legislation nor do they suffer from manifest arbitrariness,” the court had observed in its interim order.
The Supreme court had also observed that the High Court had “squarely impinged” on its November 2016 judgment in the Voluntary Health Association of Punjab case, which called for the strict implementation of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training) Rules, 2014, to bring to an end the social evil of female foeticide.
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