(2013] 5 S.C.R. 111

VOLUNTARY HEALTH ASSOCIATION OF PUNJAB

UNION OF INDIA & OTHERS (Writ Petition (Civil} No. 349 of 2006)

MARCH 04, 2013

[K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.]

Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition on Sex-Selection) Act, 1994 - ss. 7 and 16A - Discrimination towards female child - Sex Selective Abortion C

- Misuse of pre-natal diagnostic techniques for elimination of female foetus ..;.. Lack of proper supervision and effective implementatien of the Act by various States - Directions given for proper and effective implementation of the provisions of the Actas well as the various directions issued o by the Supreme Court - All the State Governments to file status repart within three months ""." Pre-Conception and Pre- Natal Diagnostic Techniques (Prohibition on Sex-Selection) Rules, 1996 - rr.3A and 9(8). ·

Per K.S. Radhakrishnan. J. :

Centre for Enquiry into Health and Allied Themes v.

Union of India (2001)· 5 sec 577: 2001 (3) SCR 534 and Centre for Enquiry into Health and Allied Themes v. Union.

of India (2003) 8 SCC 398: 2003 (3) Suppl. SCR 593 - F referred to.

Case Law Reference:

2001 (3) SCR 534 referred to

2003 (3) Suppl. SCR 593 referred to

Per Dipak Misra. J.:

Para 3

Para 3

Centre for Enquiry into Health and Allied Themf; s

111 H

A (CEHA T) and others v. Union of India and others (2001) 5 SCC 577: 2001 (3) SCR 534; State of H.P. v. Nikku Ram and others (1995) 6 SCC .219: 1995 (3) Suppl. SCR 177; M.C.

Mehta v. State of Tamil Nadu and others AIR 1997 SC 699: 1996 (9) Suppl. SCR 726; Ajit Savant Majagvai v. State of B Kamataka {1997) 7sec110: 1997 (3)Suppl. SCR 444 and Madhu Kishwar v. State of Bihar AIR 1996 SC 1864 - referf'ed to.

Case Law Reference:

2001 (3) SCR 534 referred to Para 4

1995 (3) Suppl. SCR 177 referred to Para 6, 18

1996 (9) Suppl. SCR 726 referred to Para 7

1997 (3) Suppl. SCR 444 referred to Para 1'4

1996 (1) Suppl. SCR 442 referred to Para 15

CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 349 of 2006.

Under Article 32 of the Constitution of India

Colin Gonsalves, Jubli, Jyoti Mendiratta for the Petitioner.

H.P. Rawal, ASG, P.N. Misra, Dr. Manish Singhvi, Ajay F Bansal, Manjit Singh, AAG, S.W.A. Quadri, M. Khairati, Sunita Sharma, Asha G. Nair, D.S. Mahra, Gunwant Dara, Seema Thukural, Seema Thapliyal, Abhisth Kumar, Archana Singh,.

Amit Lubhaya, lrshad Ahmad, Devendra Singh, Kuldip Sin_gh,

Pardaman Singh, Gaurav Yadav, Rajiv Kumar, Tarjit Singh, Kamal Mohan Gupta, Gopal Singh, Manish Kumar, Chandan G K-umar, $anjay V. Kharde, Abhishek Kumar Pandey, Aman Ahluwalia,· Supriya Jain, Sushma Suri, Vartika Sahay Walia (for Corporate Law Group), Khwairakpam Notiin Singh, Sapam Biswajit Meitei, Arjun Garg, Saurabh Misha, Aruna Mathur, Yusuf Khan, AvijitBhattacharjee, Bikas Kargupta, Sarbani Kar, H

VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. 113

UNION OF INDIA ..

D. Mahesh Babu, Mayur Shah, Suchitra Hrangkhawl, Amit K.

A Nain, Amjid Maqbool, Anil Shrivastav, Rituraj Biswas, Rachna Srlvastav, Utkarsh Sharma, B . .Balaji, R. Rakesh Sharma, P . . Krishna Moorthyr:+t Enatoli Serna, Amit Kumar Singh,

Bhavanishankar V. Gadnis, -8. Sunita Rao, Hemantika Wahi, Sl; lubhada Despande, Nandani Gupta, V.G. Pragasam, S.J.

B Aristotle, Prabu Ramasubramanian, Jatinder Kumar Bhatia, Mukesh Verma, A~ Subhashini, MikeP. Desai, Arun K. Sinha, Kamini Jaiswal, P.N. Gupta, Rajesh Srivastava, P.V. Dinesh,

Sibhashish Misra, T. Harish Kumar. T.V. George, Balaji .

Srinivasan, Gaurav Kejriwal, Milind Kumar, P.V. Yogeswaran, c B.S. Banthia, Arvind. Kumar Sharma for the Respondents.

The Orders of the Court were delivered by

ORDER

K.S. RAD~AKRISHNAN, J.

1. Indian society's discrimi-nation towards female child still exists due to variou.s reasons which has its roots in the social behaviour and prejudices against the female child and, due to

E the evils of the dowry system, still prevailing in the society, in spite of its prohibition under the Dowry Prohibition Act. The decline in the female child ratio all over the country leads to an iFresistible conclusion that the practice of eliminating .female foetus by the use of pre-natal diagnostic techniques is widely prevalent in this country. Complaints are many, where at least F few of the medical professionals do perform Sex Selective Abortion having full knowledge that the sole reason for abortion is because it is a female foetus. The provisions of the Medical Termination cif Pregnancy Act, 1971 are also being consciously violated and misused.

2. The Parliament wanted. to prevent the same and enacted the Pre-Conception and Pre-Natal Diagnostic.

Techniques (Prohibition on- Sex-$election) Act, 1994 (for short

'the Act') which has its roots in Article 15(2) of the Constitution H

A of India. The Act is a welfare legislation. The Parliament was fully conscious of the fact that Jhe increasing imbalance between men and women leads to increased crime against women, trafficking, sexual assault, polygamy tc. Unfortunately, facts reveal that-perpetrators of the crime also belong to the

. B educated middle class and often they do not perceive the gravity of the crime.

3. This Court, as early as, in 2001 in Centre for Enquiry into Health and Allied Themes v. Union of India (2001) 5 sec 577 had noticed the misuse of the Act and gave various C directions for its proper implementation. Non-compliance of various directions was noticed by this Court again in Centre for Enquiry into Health and Allied Themes v. Union of India

(2003) 8 sec 398 and this Court gave-various other directions. o

4. Having noticed that those directions as well as the provisions of the Act are not being properly implemented by the various States and Union Territories, we passed an 'order on 8.1.2013 directing personal appearance of the Health Secretaries of the States o.f Punjab, Haryana, NCT £?elni, E Rajasthan, Uttar Pradesh,· Bihar and Maharashtra, to examine wh.at steps they have taken for the proper and effective ,,,, . ~·~. implementatio.ll of the provisions of the Act as well as the t ,,

'V. (,,..., i.~..,. ' ;_ ......... ' ....

vriy~1 dJre.g, om~ s~ect,;~Yc. ~is Court. ·

-::,. '(:i::'$'.' we1loticS-that; 1iv'n''though: ffifj Union of 1ndia has •;;,_'4:1'' "",::' lnl'1'"1•"'-f!..': .r-:- . ' )<.' .. " 't-• ':' .

- ""'.! ...,1-it ~' . constituted-the Central 'Sopervisory Board a.(ld most bf the

S!~~~)~ll'a~Pb.t?n !rriforie~. h~X~ }~9n_si.i~.~!ed sfate s_u'~~~~~

eoaras~ Al?propr1ate Authonties}Adv1sory 1Comm1ttees etc~ unfierthe'A.c{but, their functioning'ae'far'frEm satlsfactciiy~ cl

.. ·. . \." : ''• •,. ', . '.f, 'Yr 1 )P., '{JnF.ng:nLJ TO n'J1lsmrp191 <3'

6. 2011 Ce.nsus of India, publishedtby, ttterOffice.)oftlJe, Registrar General and Census Commissioner of lndi9, would

sh'o~ aeClirte

1 f n 7fmafo'lcfii1ctx ?afid in matiy~States 1 of '.tndia

from

12oor.i'..'io~Y.6rh~{Ahnuai RepPff'6n m"gi$t1attari ofBirfhs~

ar1iit)e~\h§:°'Y2oo~'.' puoliSt1cfBy'ttfiicfi1efRg9rar,.6f'Mcii H of'i5eihFWou1d'~1sd indiC:ate'a:shar'fraecHn.ein 1 tt\~ iemMe.,, s:ex

VOLUNTARY HEALTH ASSOCIATION OF-PUNJAB v. '115

UNION OF INDIA [K:s. RADHAKRISHNAN, J.]

. ratio in almost an the'.Districts; Above statistics is an indication A th.cit the provisions of the Act are not , properly and effectively belng.fmpfemented. There has be.en no effective.supervfsion · or"follow up action so as lo achieve the.object and purpose of the Act. Mushrooming of various sonography Centres, Genetic Clinics,' Genet\c counselling Centres, Genetic Laboratories, s Ultrasonic Cli.riics: ; Imaging. Centres in afmost all parts of the countiy calls for more vigil and.attention by' the authorities under the Act. eut, unfortunately; their functioning is. not being properly monitored orsupervis-ed by the authorities under. the Act or to .find'out whether they are misusing the pre:natai diagnostic c techniques for determination; of. sex. of foetus leading to ,· foeticide. ,;.1 •. :··:·· .1 c: ... ·· - · · ·· ' ,_ ·

1 ' :ci Tlie Union oficira ha~ fi1ecran affidavit.in September 2o{fgiyif1gt.e_details oftiie prosecutions launched Ul)der the Act and the' Pre-Con-ception and Pre-Natal' Diagnostic D TeChniques (Prohibition.on Sex"Selection) Rules,' 1996 (for short 'the Rules; J: up to Ju.ne 2011. we tiave gone through the chart as well as the data made available by various States', which . depicts a sorry and an alarming state of affairs. Lack of proper

superyision and effective implementation of the Act by various E States, are clearly demonstrated by the details made available to this Court. However, State of Maharashtra has comparatively a bettertracl<record. seldom; the ultrasound mcichines used for such sex determination in violation ofthe provisions of the Act are seized and; even if seized, they are being released to the violators ofthe:law.bnlyJo repeat•the ¢rime. Hardly few - cases end in conviction;<.Cases; bociked under the Act are pending disposal:for:severa(years fn many Courts in the country arid nobody take'~ any. interest'iri. their disposal and

hence;· seldom, those cases end in conviction and sevtences, . a fact well known to the violators oflaw. Many of the . ultra-'

sonographyclinics seldom maintain any record as per rules and, in respect of ttie pregnant wome.n, no re.cords are kept for their treatment arid the provisions of tfie'Act and the Rules are bing . 'violated with impunity:; .... .... c; p;., ~; •• . ··,;. .,·~.~. :·. ~'rl! ·;>"_~'-.;=i:~··.-· ·_;, ·1 :····· ,',_,,., .~

G .

8. The Central Government vide GSR 80{E) dated 7.2.2002 issued a notification amending the Act and regulating . usage of mobile machines capable of detecting the sex of the foetus, including portable ultrasonic machines, except in cases to provide birth services to patients when used within its B . registered premises as part of the Mobile Medical Unit offering a bouquet or ottier medical and health services. The Central Government also vide GSR 418(~) dated 4.6.2012 has notified an amendment by inserting a new Rule 3.3(3) with an object to regulate illegal registr-ations of medical practitioners in genetic c clinics, and also amended Rule 5(1) by increasing the

application fee for registration of every genetic clinic, genE:ltic . counselling centre, genetic laboratory, ultrasound clinic or imaging centre and amended Rule 13 by providing that an advance notice by any centre for intimation of. every change in

0 place, intimation of emploees and address. Many of the clinics . are totally unaware of those amendments and are carrying on the same prctises. In such circumstances, the following directions are given:

1. The Central Supervisor-Y Board and the State and Union Territories Supervisory Boards, constituted under Sections 7 and 16A of PN&PNDT Act, would meet at least once in siX' monts. so a~ to supervise and oversee how effective is the implementation of the PN&PNDI Act.

The State Advisory Committees and District Advisory C.ommittees should gather information relating to the breach of the provisions of the PN&PNDT Act. and the Rules and take steps to seize records, seal machines and institute legal

procedings, if they notice vio.lation 'of the pr9visions of the PN&PNDT Act.

The Committees mentioned above should rE; lport the details of the charges framed and the conviction of the persons who have committed the offence, to

VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. 117

UNION OF INDIA'[K.S. RADHAKRISHNAN, J.]

the State Medical Councils for proper action, A including suspension of the registration of the unit and cancellation of licence to practice.

The authorities should ensure also that all Genetic

Counselling Centres. Genetic Laboratories and B Genetic Clinics, Infertility Clinics, Scan Centres etc. using pre-conception and pre-natal diagnostic techniques and procedures should maintain all records and all forms, required to be maintained under the Act and the Rules and the duplicate c copies of the same be sent to the concerned District Authorities, i~ accordance with Rule 9(8) of the

Rules.

States and District Advisory Boards should ensure that all manufacturers and sellers of ultra- D sonography machines do not sell any machine to any unregistered centre, as provided under Rule 3- A and disclose, o.n a quarterly basis, to the concerned State/Union Territory and Central Government, a list of persons to whom the E machines have been sold, in accordance with Rule 3-A(2) of the Act.

There will be a direction to all Genetic Counselling Centres, Genetic Laboratories, Clinics etc. to F maintain forms A, E, H and other Statutory forms provided under the Rules and if these forms are not properly maintained, appropriate action should be taken by the authorities concerned.

Steps should alS-O be taken by the State G Government and the authorities under the Act for mapping of all registered ana unregistered ultrasonography clinics, in fllree months time.

Steps hould be taken by the State Governments H

. E

and the Union Territories to educate the people of the necessity of implementing the provisions of the Act by conducting workshops as well as awareness camps at the. State nd Dis.trict levels.

Special Cell be constituted by the State Governments and the Union Territories to monitor the progress of various ses pending in the Courts ·.under the Act and take steps_ for their earry disposal.

10.

The authorities concerned. should take steps to ·

seize the machines which have been-used illegally and contrary to the provisions of the Act and the Rules thereunder and the seized machines can also be confiscated under the provisions of the. Code of Criminal Procedure and be sold, in accordance with law.

11 .

The various Courts in this country should take steps to dispose of all pending cases under tl)e Act, within a period of six months: Communicate this order to the Registrars of various High Courts, who will take appropriate follow up action with due intimation to the concerned Courts.

9. All the State Governmeints are directed to file a status report within a period oJ.three months from today.

10. Ordered accordingly. ·

0 RD eR

DIPAK MISRA, J. I respectfully concur with the delineation G and the dirctions enumerated in :seriatim by my respected

lariied Brother. However, regard being had to"thesignification of the issue, the magnitude of the problem in praesenti, and the colossal cataclysm that can visit this country in future unless apposite awareness is spread, I intend to add something H pertaining to the direction No. (8).

VOLUNTARYHEALT.HASSOCIATION OF PUNJAB v. 119

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2. To have a comprehensive view I think it seemly to A . reproduce tne said direction: -

"8, Steps should be taken by the State Governments and the Union Territories to educate the people of the necessity .

of implementing the provisions of the Act by conducting 8 workshops as well as awareness camps at the State arid District levels.'"

3, It is common knowledge that the State Governments and .Union Territories some times hold workshops as well as .

awareness camps at the State and District levels which have C the characteristic of a routine performance, sans sincerity, bereft of seriousness and shorn of meaning. It is embedded on dataorientation. It does not require Solomon's wis_dom to realize that there has not yet been effective implementation of the provisions of the Act, for there has not only .been total lethargy D and laxity but also failure on the part of the authorities to give accent on social, cultural, psychological anct legal awareness that a female foetus is not to be destroyed for many a reason apart from command of the law. Needles~ to emphasise, there has to be awareness of. the legal provisions and the E consequences that"have been provided for violation of the Preconception and Pre-Natal Diagnostic Techniques (Prohibition on Sex-Selection) Act, 1994 (for brevity the Act") but, a .significant O!le, the awareness_ in other pheres are absolutely ne.cessitous for concretizing the purposes .of the Act: · r

\ .

4. Be it noted, this is not for the first time that this Court is showing its concern. It has also been done before. In Centre for Enquiry into Health and Allied Themes (CEHA T) and others v. Union of India and others1, the two-Judge Bench commenced the judgment stating that the practice of female G infanticide still prevails despite.the fact that the gentle tOuch of a daughter and her voice has a soothing effect on the parents.

1. (2001 > s sec sn.

A The Court also commented on the immoral and unethical part of it as well as on the involvement of the qualified and unqualified doctors or compounders to abort the foetus of a gir1 child: It is apposite to state here that certain directions were given in the said decision.

5. Female foeticide has its roots in the social thinking which is fundamentally based on certain erroneous notions, egocentric traditions, pervert perception of societal norms, and obsession with ideas which are totally individualistic sans the C collective good. All involved in female foeticide deliberately

forget to realize that when the foetus of a girl child is destroyed, a woman of future is crucified. To put it differently., the present generation invites the sufferings on its own and also sows the seeds of suffering for the future generation, as in the ultimate eventuate, the sex ratio gets affected and leads to manifold D social problems. I may hasten to add that no awareness campaign can ever be complete unless there is real focus on the prowess of women and the need for women empowerment.

6. On many an occasion this Court has expressed. its E anguish over this problem in many a realm. Dealing with the unfortunate tradition of demand of dowry frOIT\ the girl's parents at the time of marriage despite the same being a criminal offence, a two-Judge Be_nch in State of H.P. v. Nikku Ram and others2 has expressed its agony thus: - F

"Dowry, dowry and dowry. This is the painful repetition which confronts, and at times haunts, many parents of a girl child in this holy land of ours where, in good old days the belief was :"m; r ~ m:i ~:· ["Yatra naryastu pujyante ramante tatra dewatah"] (where woman is worshipped, there is abode of God). We have mentioned about dowry thrice, because this demand is made on three occasions:· (i) before marriage; (ii) at the time of marriage; and (iii) after the ma.rriage. Greed 'being

H 2.

(1995) a sec 219.

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 limitless, the demands become insatiabre in many cases, A followed by torture on the girl, leading td either suicide in some cases or murder in some."

The aforesaid passage clearly reflects the degree of anguish of this Court in regard to the treatment meted out to B the women in this country.

7. If is not out of place to state here that the restricted and constricted thinking with regard to a girl child eventually leads to female foeticide. A foetus in the womb, because she is likely to be born as a girl child, is not allowed to see the mother earth.

C In M.C. Mehja v. State of Tamil Nadu and others3, a three- . Judge Bench, while dealing with the magnitude of the problem

in engagement of the child labour in various hazardous factories or mines, etc., speaking through Ransaria, J., commenced the judgment.thus: - D

"I am the child.

Alnhe word waits for my coming.

All the, earth watches with interest to see what I shaU E become.

Civilization hangs in the balance.

For what I am, the world of tomorrow wHI be. ·

I am the child.

You hold in your hand my d.estiny.

You determine, largely, whethr tshall succeed or fail,

Give me, I pray you, these things that make for happiness.

Train me, I beg you, that I may be a blessing to the world."

8. The aforesaid lines from Mamie Gene Cole were treated

.3.

AIR 1997 SC 699.

A as an appeal by this Court and the Bench reproduced the famous line from William Wordsworth "child is the father of the man". I have reproduced the same to. highlight that this Court has laid special emphasis on the term "child" as a child feels . that the entire world waits for his/her' coming. A female-child; B as state_d eariier, becomes a woman: Its tifespark c:annot be extinguished in the womb, for such an act would certainly bring disaster to the society. On such anactthe collective cah neither laugh today nor tomorrow. There shall be tears and tears all the way because eventually the spirit of humanity is comatosed.

9. Vishwakavi Rabindranath Tagore, while speaking about a child, had satd thus: -

"Eve_ry child comes with the message that God is not yet discouraged otman."

D -

10. long back, speaking about human baby, Charles -Oickens had said thus : -

"Every baby born into the world .iS a finer one than the last."

11. A woman has to be regarded as an equal partner in E the life of a man. It has to be borne in mind that she has also

the equal role in the society, i.e., thinking, participating arid leadership, The tegislature has brough_t the present piece of legislation with an intention to provide for prohibition of sex selection before. or after conception and for regulation of pre- F natal diagnostic techniques for the purposes of detecting genetic abnormaliies or metabolic disorders or chromosomal abn<:>rmalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide. The purpose ofthe G. enactment can-only be actualised and its object fruitfulfy realized

when the authorities under the Act carry ounheir functions-wittt devotion, dedication and .commitment and further: there is awakened awareness with regard to the role of women in a I - . . society.

1i It would not be an exaggerationto say that a society

VOLUNTARY HEALTHASSOCIATION OF PUNJAB v. 123

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that does not respect its women cannot be treated to be A civilized. In the first part of the last century Swami Vivekanand ' had said: -

"Just as a bird could not fly with one wing only, a nation would not mal'ch forward if the women are left behind."

13. When a female foeticide takes placze, every woman who mothers the chilq must remember that she is killing her own child despite being a mother. That is what abortion would mean

in social terms. Abortion of a female child in its conceptual eventuality leads to killing of a woman. Law prohibits it; scriptures forbid it; philosophy condemns it; ethics deprecate C it,· morality decries it and soCial science abhors it. Henrik Ibsen ernphasized on the individualism of woman. John Milton treated her to be the best of all God's work. In this context, it .will be appropriate to quote .a few lines from Democracy in America by Alexis De Tocqueville: - D

"If I were asked ... to what the singular prosperity and growing strength of that people [Americans] ought mainly to be attributed, I should reply: to the. superk>rity ot their women."

14. At this stage, I may with profit reproduce two paragraphs from Ajit Savant Majagvai v .. State ofKamataka4:-

''3. Social thinkers, philosophers, dramatists, poeto/ and writers have eulogised the female species of the human

race and have always used beautiful epithets to describe

F her temperament and personality and-have not devjated . from that i:>ath even while speaking of her odd behaviour,

- t-at times. Even in sarcasm, they have not crossed the lo llite'ratytlilfllt:.and have adhered to a particular standard of

noonob'iilt}iJof!ingUagtE\l'en when a member of her own G species, Madame De Stael, remarked , cq am glad that I am

noi&lRJiR; JT.lJlf!;•f@§n:JJtnd.tll%!1~@a~g, ima~W.:~&V9,~WJ.", here . eaW~~.t1!o11% .. W.nem §ti~.~~l~IY"f5iled'gej.a!ffiQ, hWittier)

- -her; nor custom stale, her infinite variety", there again was

(1997) 7 sec 110.

A wit. Notwithstanding that these writers have cried hoarse for respect for "woman", notwithstanding that Schiller said "Honour women! They entwine and weave heavenly roses in our earthly life" and notwithstanding that the Mahabharata mentioned her .as the source of salvation, B crime against "woman" continues to rise and has, today . undoubtedly, risen to alarming proportions.

4. It is unfortunate that in an age where people are described as civilised. crime against "female" is committed even when the child is in the womb as the C "female" foetus is often destroyed to prevent the birth of a female child. If that child comes into existence. she starts her life as a daughter. then becomes a wife and in due course. a mother. She rocks the cradle to tear up her inlant. bestows all her love on the child and as the child o grows in age. she gives to the child all that shehas in her own personality. She shapes the destiny and character of the child. To be cruel to such a creature is unthinkable. To torment a wife can only be described as the most hated and derisive act of a human being."

E [~~~suppl~

15. In Madhu Kishwar v. State of Bihar° this Court had stated that Indian women have suffered and are suffering discrimination In silence. Self-sacrifice and self-denial are their nobility and fortitude and yet they have been subjected to all F inequities, indignities, inequality and discrimination.

 16. The way women had suffered has been aptly rflected by an author who as spoken with quite a speck of sensibility:~

"Dowry is an intractable disease for women, a bed of arrows for annihilating self-respect, but without the boon of wishful death." ·

17. Long back, Charles Fourier had stated "The extension of women's rights is the basic principle of all social progress". .-- .

H 5.

AIR 1996 SC 1864.

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1-8. Recapitulating from the past, I may refer to certain A sayings iA theSmritis which put women in an elevated position.

This Court in Nikku Ram's case (supra) had already reproduced the first line of the "Shloka". The second line of the same which is also significant is as follows: -

''<:l:r 01" 'J:. J<ll .-8 fl ci1 fct '114'> (>{I : fitim:" B

[Yatra tastu napiljyante sarvastatraphalah kriyah]

A free traoslation of the aforesaid is reproduced below:-

"All the actions become unproductive in a place, where they C are not treated with proper respect and dignity."

19 Another wise man of the past had his own way of putting it:

[Bhdrtr bhratr pitrijnati swasrilswasuradevaraih I Bandhubhisca striyah piljyah ·· bhU:snachhadanasnaih 11 J .

. A free translation of the aforesaid is as follows:-

"The women are to be respected equally on par with husbands, brothers, fathers, relatives, in-laws and other kitb and kin and while respecting, the women gifts like ornaments, garments, etc. should be given as token of honour."

20. Yet again, the sagacity got reflected in following lines

"31ffi'i" ~: t1aci~1:fl'fot<A I .:> ~ 641f!i'ittiil4 11"

[Atulam yatra tattejah sar\radevasarfrajam I Ekastha:m tadabhilnrniri vyaptalokatrayam tvisa I I l

A free translation of the .aforesaid is reproduced below:-

"The incomparable valour (effulgence). born from the · • physical frames of all the gods." spreading the three worlds by its radiance and combining together took the form of a woman."

 21. From the past, I travel to the present and respectfully notice what Lord Denning had to say about the equality of women and their role in the society: -

"A woman feels as keenly, thinks as clearly, as a man. She in her sphere does work as useful as man does in his. She has as much right to her freedom - to develop her personality to the full as a man. When she marries, she does not become the husband's servant but his equal partner. If his work is more import.ant in life of the community, her's is more important of the family. Neither can do without the other. Neither is aboe the other or under the other. They are equals."

22. I have referred to certain pronouncements of this Court, .. the sayings of the sagacious ones,. thinkers, poets, philosophers E and jurists about the child and women only to emphasise that they play a seminafrole in the society. The innocence of a child and. the creative intelligence of a woman can never ever be brushed aside or marginalized. Civilization of a country is knownhow it respects its wornen. It is the requisite of the present day F that people are made aware that it is obligatory to treat the women with respect and dignity so that humanism in its conceptual essentiality remains alive. Each member of the society is required to develop a scientific temper in the modern context because that is the social need of the present. A cosmetic awareness campaign would never subserve the G purpose. The authorities of the Government, the Non- Govemmental Organisations and other volunteers are required to remember that there has to be awareness camps which are really effective. The people involved. with the same mvst take it up as a service, a crusade. They must understand and accept H:. tht it is an art as well as a science and not simple arithmetic.

VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. 127

UNION OF INDIA [DIPAK MISRA, J.]

It cannot take the colour of a routine speech. The awareness A camps should not be founded on the theory of Euclidian geometry. It must engulf the concept of social vigilance with an analytical mind and radiate into the marrows of the society. If awareness campaigns are not appositely conducted, the needed guidance for the people would be without meaning and things shall fall apart and everyone would try to take shelter in cynical escapism. It is difficult to precisely state how an awareness camp is to be conducted. It will depend upon what kind and strata of people are being addressed to. The persons involved in such awareness campaign are required to equip themselves with constitutional concepts, culture, philosophy, C religion, scriptural commands and injunctions, the mandate of the law as engrafted under the Act and above all the development of modern science. It needs no special emphasis to state that in awareness camps while the deterrent facets of

law are required to be accentuated upon, simultaneously the D desirability of law to be followed with spiritual obeisance, regard being had to the purpose of the Act, has to be stressed upon. The seemly synchronization shall bring the required effect.

That apart, .documentary films can be shown to highlight the need; and instill the idea in the mind of the public at large, for E when mind becomes strong, mountains do melt. The people

involved in the awareness campaigns should have boldness and courage. There should not be any iota of confusion or perplexity" in their thought or action. They should treat it as a problem and think that a problem has to be understood in a proper manner to afford a solution. They should bear in mind that they are required to change the mindset of the people, the grammar of the society and unacceptable beliefs inherent in the populace. It should be clearly spelt out that female foeticide is the worst type of dehumanisation of the human race.

23. I have highlighted the aforesaid aspects so that when awareness campaigns are held, they are kept in view, for that is the object and purpose to have real awareness.

24. The matter be listed as directed.

B.B.B.

Matter adjourned.