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Corporate Lawyer: the pre conception and pre natal Diagnostic techniques (prohibition of sex selection) act 1994 was upheld, being intra vires, by the Supreme Court.

 Supreme Court of India 

Justice Arun Mishra

The Supreme Court of India, while dismissing the writ petition, which has challenged the certain provisions of pre-conception and pre-natal Diagnostic techniques (prohibition of sex selection) Act, 1994, upheld the provisions challenged. In the case titled as "Federation of Obstetrics Versus Union of India".

In the said case the assail was laid down, on the ground, that the mere paperwork error, or non maintenance, or short fall in paperwork, cannot be equated with same offence, as that of actual offence of sex determination. The Act was upheld in view of the salutary provisions, which are enacted to prevent female foeticide, otherwise the right to life of the girl child under Article 21 of the Constitution, to be a mere formality.


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