November 11, 2019
The counsel for the central government
A silent observer is a device attached to the USG to ascertain and track its
use. Bombay high court Mumbai: In a major relief for cardiologists, the Bombay
HC has allowed the use of portable ultrasonic sonography machines (USG) for
cardio patients as they do not come under the purview of the Pre-Conception and
Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) (PCPNDT) Act,
2003.
The court upheld the arguments of a cardiologist that he is not like a
radiologist who uses the sonography machine to determine the health of foetuses
while in the womb of the mother but to ascertain the condition of the heart of
patients who cannot be brought to the clinic cup
and box canned sealing machines Factory or hospital. A division bench of
justices Shantanu Kemkar and Anuja Prabhudessai was hearing a writ petition
filed by a Chembur-based cardiologist Dr Dinesh Solanki who was barred by the
Brihan-mumbai Municipal Cor-poration (BMC) health officer from using the machine
on the grounds that it could be misused for sex determination.According to
advocate K.H. Halai, who represented Dr Solanki, as per a previous HC order the
ban on the use of portable ultrasonic sonography machines (USG) was applicable
to doctors registered under the PCPNDT Act. He further referred to another order
wherein the PCPNDT rule was applicable to only to machines in the institutes and
genetic clinics that are within the ambit of the Act. Lastly, he argued that the
machine used by Dr Solanki was not using the Silent Observer device in his
portable machine hence the Act was not applicable to him.
The counsel for the
central government, however, argued that the sex ratio was diminishing due to
the rampant use of the sonography machines for sex determination and hence there
was scope for misuse of the portable machine of Dr Solanki. The BMC also
forwarded similar arguments and sought four weeks to submit more arguments
deterring the use of sonography machines, which the court granted.However, after
hearing all sides, the court granted ad-interim relief to Dr Solanki to use the
portable machine and also install the silent observer device on his portable
USG.
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