Radiologists must get chance to clarify: Bombay HC


Published: Wednesday, May 2, 2012, 8:00 IST
By Mustafa Plumber | Place: Mumbai | Agency: DNA

The Bombay high court has stated that any competent authority filing a case against a radiologist under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection Act), 1994, should allow ample opportunity to the doctor to explain his or her stand before registering and offence. Further, the authority should consider taking legal advice before registering such a case.

These observations were made by a single bench of Justice AV Nirgude, which quashed a criminal complaint against 60-year-old doctor Uma Shankarrao Rachewad, who was charged under various sections of the Act.

The bench said, “When the competent authority visits a clinic, after inspection s/he should record the statement of the person against whom s/he intends to file the case. In such a statement, such a person would get ample opportunity to put forward his or her explanation. The competent authority under this Act should consider each case on its merits, examine it meticulously, preferably with the help of a legal advisor, and then file a complaint in the court.”

According to the case registered against Dr Rachewad, it was alleged that on March 31, 2011, when officials visited his clinic, they saw that a number of F forms were filled out with “NA” (not applicable); forms pertaining to cases examined between March 8 and March 26 were not filled; and consent /declaration forms relating to cases examined between April 2009 and March 2010 were not present. Moreover, the clinic did not have signboards stating that pre-natal sex tests were not carried out there.

The court noted that the “NA” on the F forms was justified. Furthermore, it was observed that when the officials visited the clinic and did not find the consent /declaration forms, they should have asked for an explanatio

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