SC raps Centre for not publicising order on female foeticide
7 May 2015 6:16 AM IST
The Supreme Court on Wednesday expressed displeasure over the conduct of Centre, Delhi government and various states for not giving wide publicity to its directions on female foeticide for strict implementation of law prohibiting sex determination.
A bench of Justice Dipak Misra and Prafulla C Pant slammed Bihar government over “low” prosecution rate of cases relating to female foeticide in the state after noting that no case has been registered after 2013. The court noted that Pre-Natal Diagnostic Techniques (Prohibition of sex selection) Act has been in operation from 1994 but only 159 cases have been instituted and 126 cases are pending since 2012-2013 in various courts in Bihar.
“We cannot restrain ourselves from observing that had there been apposite awareness among the competent authorities in all possibility, the result would have been different. “Lack of awareness is a known fact. In our considered opinion, the competent authorities who have been authorised under the Act to launch prosecution and also to see that the the Act is properly carried out and sex ratio is increased, are required to be given training,” the bench said.
The apex court asked the Chairman of the Bihar Judicial Academy of the Patna High Court to fix a time schedule for imparting the training.
“In our considered opinion, the cases under the 1994 Act should be dealt with in quite promptitude and the concerned courts have to treat the said cases with utmost primacy.
“In view of the aforesaid, we direct that the cases which are pending before the trial court shall positively be disposed of by end of October 2015,” the bench said.
During the proceedings, advocate Binu Tamta, appearing for the Centre, assured the bench that “appropriate” directions are issued to the authorities of All India Radio and Doordarshan functioning in various states to give wide publicity.
The court directed that the copy of the April 15 order be sent to the Principal Secretary, Health, and the Principal Secretary, Law, so that the order can be translated and be published in newspapers and broadcast by All India Radio and telecast by Doordarshan in an “appropriate” manner.
Companies act: Apex court reserves its verdict
The Supreme Court on Wednesday reserved its verdict on a batch of pleas challenging the constitutional validity of provisions in the Companies Act of 2013 relating to setting up of National Company Law Tribunal (NCLT). A five-judge Constitution Bench, headed by Chief Justice H L Dattu, concluded the hearing in a day on the matter in which provisions of the newly-promulgated Act giving power to the Centre to suspend and sack members and Chairpersons of NCLT and National Company Law Appellate Tribunal (NCLAT) came under scrutiny. The bench, also comprising Justices A K Sikri, Arun Mishra, R F Nariman and Amitava Roy, heard several pleas including the one filed by the Madras Bar Association challenging certain provisions of Chapter XXVII of the Companies Act, 2013 that deal with the constitution of NCLT and NCLAT.
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