Holding

The Court held that the states have failed to implement the PNDT Act effectively and directed comprehensive supervisory, reporting, and awareness measures to ensure its proper enforcement.

Summary

The Voluntary Health Association of Punjab filed a writ petition seeking effective implementation of the Pre‑Conception and Pre‑Natal Diagnostic Techniques (Prohibition of Sex‑Selection) Act, 1994, alleging that many states had failed to enforce its provisions and that sex‑selective abortions continued unabated. The Court examined the persistent discrimination against female children, the misuse of prenatal diagnostic techniques, and the inadequacy of earlier Supreme Court directions in Centre for Enquiry into Health cases. It held that the states’ supervisory mechanisms were deficient and that the Act’s provisions required stricter enforcement, regular reporting, and public awareness. Consequently, the Court issued a series of detailed directions mandating state health secretaries to file status reports, convene supervisory board meetings, seize illegal ultrasound machines, maintain statutory records, and conduct effective awareness campaigns. The petition was disposed with these directions, compelling the Union and the states to ensure compliance with the PNDT Act.

Issues considered

The extent of non‑compliance by states with earlier Supreme Court directions under the PNDT Act.
Whether the Supreme Court can issue mandatory supervisory and reporting directives to states for implementation of the PNDT Act.
The adequacy of existing provisions of the PNDT Act and its Rules to curb sex‑selective abortions.
The need for awareness programmes and stricter regulation of diagnostic centres and equipment.

Legislation cited

Subjects

female foeticidesex selectionPNDT Actpre‑natal diagnostic techniquesimplementationsupervisory boardawareness campaigngender discriminationdowry

Judgment

(2013] 5 S.C.R. 111

VOLUNTARY HEALTH ASSOCIATION OF PUNJAB A
v.
UNION OF INDIA & OTHERS
(Writ Petition (Civil} No. 349 of 2006)
MARCH 04, 2013
B
[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. : E

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 Para 3
G
2003 (3) Suppl. SCR 593 referred to Para 3
Per Dipak Misra. J.:

Centre for Enquiry into Health and Allied Themf;s
111 H
112 SUPREME COURT REPORTS [2013) 5 S.C.R.

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

CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No.
349 of 2006.
E 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, Mike·P. Desai, Arun K. Sinha,
Kamini Jaiswal, P.N. Gupta, Rajesh Srivastava, P.V. Dinesh,
S~ibhashish 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
D
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
the evils of the dowry system, still prevailing in the society, in E
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
of
foetus by the use 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. G

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
114 SUPREME COURT REPORTS [2013] 5 S.C.R.

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
t ,,'V. (,,...,i.~..,.
of ' the
' ;_ ......... .... provisions· of the Act as well as the·
v~ri~y~1 dJre.g,~om~ ~s~~ect,;~Yc.~~is Court. ·
-: ,. '(:i::'$'.' we1loticS-that;
•;;,_'4:1'' "",::' .r-:- .
1 iv'~n''though: ffifj Union of 1ndia has
'
F constituted-the Central 'Sopervisory
lnl'1'"1•"'-f!..': )<.' .. " ""'.! ...,1-it ~'
't-• ':'
Board a.(ld most bf the
. . -

S!~~~)~~ll'a~Pb.t?n !~rriforie~. h~X~}~9n_si.i~.~!ed 1sfate s_u'~~~~~
1

eoaras~ Al?propr1ate Authonties}Adv1sory Comm1ttees· etc~
unfierthe'A.c{but,their functioning'a~e'far'frEm satlsfactciiy~ cl
.. · ·. . · \." : ''• '{JnF.ng:nLJ TO n'J1lsmrp191
•,. ', . ·'.f, 'Yr 1 )P.,

<3' 6. 2011 · Ce.nsus of India, publishedtby,ttterOffice.)of~tlJe,
Registrar General and Census Commissioner of lndi9, would
sh'o~ ~·aeClirte fn 7f~mafo'lcfii1ct~x ?afid
1
matiy~States 1 of '.tndia in
from 1 2oor.i'..'io~Y.6rh~{Ahnuai RepPff'6n ofBirfhs~ m"gi$t1attari
ar1iit)e~\h§:°'Y2oo~'.' puoliSt1~cf·By'ttfii·cfi1efRg9~rar,.6f'Mcii
H of'i5eihFWou1d'·~1sd indiC:ate'a:shar'fraecHn.e- in 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
of
· the Act. Mushrooming various sonography Centres, Genetic
Clinics,' Genet\c counselling Centres, Genetic Laboratories, s
Ultrasonic Cli.riics: ;Imaging. Centres in afmost all parts the of
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
j .find'out whether they are misusing the pre:natai diagnostic c
techniques for determination; of. sex. of foetus leading to ,·
foeticide. ,;. • . :··:·· . c: ~ . . · ·· · - · · · · ·· '· ,_ ·
1 1
1
' :ci Tlie Union ofi~cira ·ha~ fi1ecran affidavit.in September
· 2o{fgiyif1g·t.~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 F.
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, G .
. 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

. 'violated with impunity:; ....· .... c;p;., ~; ••
of
treatment arid the provisions tfie'Act and the Rules are b~ing
.
··,;. .,·~.~. :·. ~'rl! ·;>"_~'-.;=~i:~··.-· ··_;, ··1 : · · · · · ,',_,,., .~ H
116 · SUPREME COURT REPORTS [2013] 5 S . C.R

A 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
place, intimation of emplo~ees and address. Many of the clinics .
0
are totally unaware of those amendments and are carrying on
the ·same pr~ctises. In such circumstances, the following
directions are given:

1. · The Central Supervisor-Y Board and the State and
E Union Territories Supervisory Boards, constituted
under Sections 7 and 16A of PN&PNDT Act, would
meet at least once in siX' mont~s. so a~ to supervise
and oversee how effective is the implementation of
the PN&PNDI Act.
F
2. 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
G
proc~edings, if they notice vio.lation 'of the·
pr9visions of the PN&PNDT Act.

3. The Committees mentioned above should rE;lport
the details of the charges framed and the conviction
H 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.

4. 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
copies of the same be sent to the concerned District
c
Authorities, i~ accordance with Rule 9(8) of the
Rules.

5. 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.

6. 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.

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

8. Steps ~hould be taken by the State Governments H
118 SUPREME COURT REPORTS [2013}5 S.C.R.

A 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.

9. Special Cell be constituted by the State ·
B
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 ·
c 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
D 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
. E
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.
F
10. Ordered accordingly. ·

0 RD e·R

DIPAK MISRA, J. I respectfully concur with the delineation
G and the dir~ctions enumerated in :seriatim by my respected
l~ariied 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
UNION OF INDIA [DlPAK MISRA, J.]
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 data-
orientation. 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 Pre-
conception 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
\ .
1 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 others 1, 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.
120 SUPREME COURT REPORTS [2013] 5 S.C.R.

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.
B
5. Female foeticide has its roots in the social thinking
which is fundamentally based on certain erroneous notions, ego-
centric 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
G 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.
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. 121
UNION OF INDIA [DIPAK MISRA, J.]
· 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 passag·e 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. ·
F
I am the child.

You hold in your hand my d.estiny.

You determine, largely, wheth~r tshall succeed or fail,
G
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. ·H
122 SUPREME COURT REPORTS [2013] 5 S.C.R..

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 tife~spark 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.
C 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 abnormali~ies 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
I
with regard
- . .
to the role of women in a
society.
1i It would not be an exaggerationto say that a society
VOLUNTARY HEALTHASSOCIATION OF PUNJAB v. 123
UNION OF INDIA IDIPAK MISRA, J.] . ·
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."
B
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."
E
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!i~ngUag~tE\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.t~ll%!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
4. (1997) 7 sec 110.
124 SUPREME COURT REPORTS [2013) 5 S.C,R.

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 she·has 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 r~flected
by an author who ~as spoken with quite a speck of sensibility:~
"Dowry is an intractable disease for women, a bed of
G 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.
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB v. 125
UNION OF INDIA [DIPAK MISRA, J.]
1-8. Recapitulating from the past, I may refer to certain A
sayings iA the·Smritis 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: -
B
''<:l:r ~ 01" 'J:.J<ll .-8 fl ci1 fct '114'> (>{I : fitim:"

[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:
D

[Bhdrtr bhratr pitrijnati swasrilswasuradevaraih I
Bandhubhisca striyah piljyah · E
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 F
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
G
"31ffi'i"
.:>
~ ~: t1~aci~1:fl'fot<A I
~ ~ 641f!i'i~ttiil4 ~ 11"

[Atulam yatra tattejah sar\radevasarfrajam I
Ekastha:m tadabhilnrniri vyaptalokatrayam tvisa I Il H
126 SUPREME COURT REPORTS [2013] 5 S.C.R.

A 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."
B
· 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
c
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
D
can do without the other. Neither is abo~e 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 known-
how 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:. th~t 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 B
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
F
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.
G
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. H