The Gujarat High Court today ruled that carrying 'Mamta' card, as stipulated by the state government, is no more necessary for pregnant women to undergo sonography and that doctors can now conduct the procedure without that document.
The notification on 'Mamta' card was issued by government in 2005 with an aim to stop the practice of female foeticide by preventing the disclosure of sex of foetus through sonography.
A bench of acting chief Justice Jayant Patel and Justice V M Pancholi said that doctors can conduct sonography even if pregnant women coming to them are not having the card.
The doctors under the aegis of the 'State Organisation of Obstetrics and Gynaecological Society' had challenged the single judge's order of the HC in 2010 upholding the government's directive that barred doctors from conducting sonography on pregnant women who do not have 'Mamta' card.
The card can be obtained from District Health Officer after two months of pregnancy.
In 2013, the Society had approached the division bench against the 2010 order. However, its appeal was rejected as it was filed after a gap of 3 years.
The matter then landed in the Supreme Court which recently asked the HC to hear it on the basis of merit.
During the subsequent hearing, the doctors' body contended that it was not possible to follow the court's past directive when there is a medical emergency and patient concerned needs to go for sonography, and especially when patients from other states who come to Gujarat do not have 'Mamta' card.
The Society also argued that a doctor cannot refuse to treat a pregnant woman just because she does not have 'Mamta' card.
The doctors had also contended that the 2010 order was violative of the right to privacy of women as some of them may not want to disclose their pregnancy.
The authorities in the past had sealed sonography machines at various clinics and laboratories.
