A division bench of justices N K Jain and Bela M Trivedi has sought response of the state and central health ministries to the plea by association of sonography centres which alleged that sonologist, who were found not following standard procedure, were being prosecuted under law banning sex determination tests though they were not indulging in the offence.
It is "violative of Article 14 of the Constitution as the government is subjecting innocent persons to harsh punishments as such the law be declared unconstitutional," the petition said.
The bench also asked the government to clarify at to why the Pre Conception and Pre Natal Diagnostic Techniques Act (PCPNDT) and the rule framed therein for prohibiting sex determination should not not declared unconstitutional being discriminatory in implementation.
The plea challenged the cancellation of their registration on technical grounds.
Indian Radiologist Association today approached the high court with a plea that the sonologists and registered sonography centres are being harassed in the garb of vigilance over sex determination as part of campaign against female foeticide.
"The association does not subscribe to promote any illegal action in the sonography centres including sex determination but at the same time the centres must not be harassed merely because the sonologist was not wearing a white apron or bearing his name plate, etc.
"As such any action on these illegal grounds is unconstitutional in as much as it takes away the right to profess a profession from a doctor," the petition said.
"Our plea was clear that sonography technique is also used for diagnosis of various ailments like tumor, ulcers, cysts in ovary, any congenital diseases in womb also as such state and central authorities working under the PCPNDT Act and the rules framed thereunder are acting against the betterment of medical assistance to needy ailing patients," said Gupta.
