Under

Let Girls Be Born Project

State Level Workshop of Chief Judicial Magistrates

on Declining Sex Ratio, Status of Implementation of PC PNDT Act

in Uttar Pradesh & Issues Related

With the kind support of

Honble High Court of Uttar Pradesh

UP State Legal Service Authority

UP NRHM

Plan India

12th August, 2012

Hotel Dayal Paradise

Gomti Nagar, Lucknow

Organized by

Vatsalya

Contents

S.no

Subject

Pg. no

01.

Background

3-4

02.

Efforts put towards organizing the event

4-5

03.

Inaugural session

5-8

04.

Working session I

8-14

05.

Working session II

14-18

06.

Valedictory

18-20

07.

Output & outcome of the event

21

Background

T

he birth of a child signifies the dawn of humanity or civilization which is a rich source of new prospects for our society. But ironically the girl child in reference to the Indian context has always been connoted & served with unequal proportions pertaining to her most fundamental rights & of course the right to born without any discrimination, biasness or favouritism which comes first in the line. Though many decades back the unwanted girl child was put to death right after the birth & confused with the still births. But with the changing time the architects behind the scene have changed which can be observed in formation of a strong coalition of Patriarchal society & abuse of pre natal diagnostic techniques.

The Parliament in its wisdom enacted the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. The noble object behind the enactment of PC PNDT Act was to implement in full letter & spirit a legislation to ban the use of pre conception sex selection techniques and misuse of such techniques for the purpose of prenatal sex determination leading to female foeticide and for matters connected therewith, but the STATUS QUO still remains the same, unfortunate & ill in its implementation at all the peripheries of national, state & district level especially in Uttar Pradesh.

With the inception and further advancement of the health care industry (thanks to the phenomenon of Globalization, Economic liberalization & Consumerism) in India, we cleverly started utilizing the art of technologies to fulfil the need for male preference- on the name of culture, religion, population stabilization and in providing the social services to the couples in sex selective elimination, who have accessibility to it.

Visioning the destructive roles the pre natal diagnostic techniques can cause the former came into its basis in 1996 and got amended into PC PNDT Act on 14th February 2003. But with time the child sex ratio of Uttar Pradesh felled by 17 points in Census 2011. As expected and much awaited the sex ratio at birth (AHS 2010-11) in which the urban UP observed the ratio of 873 while rural UP followed the trail and observe the same of 911 per 1000 boys born. Contrary the total sex ratio at birth of Uttar Pradesh came out to be more skewed than the latter and stood at 904.

In UP everyday 332 girls go missing. So a giant question stands in front of all of us. Has the widespread usage of pre-natal technologies (since 80s, when the subtle technique of Ultrasonography stepped inn in India) brought any wholesome decline in the peri-natal mortality- NO! Of one of the most stringent bylaws made till yet by the judicial machinery, has there been any convictions made in UP up till now? indeed NO! The unfortunate failure of statuary bodies to implement the stringent bylaw at the very grass level, lethargies & deficiency in willingness to act upon, timely by the accountable person/s & the silence of public outrage remain one of the key determinants in increasing & maintaining the plight of our patriarchal society, as we recognize that this issue is somewhat against community people, it is anti-people.

Efforts put towards organizing the event

To conduct & organize such a herculean event in Uttar Pradesh and for the first time with one of the significant stakeholders, lot of liaising & advocacy efforts were put by the organization which needs to be acknowledged.

a) An application of request was forwarded to Shri. Pramod Goel (Member Secretary UPSLSA) in reference to the state level workshop of CJM in UP. The initiative and the need of the proposed event (looking onto the declining child sex ratio and sorry state of affairs of implementation of PC PNDT Act in UP) was shared with him. The organization also appealed to forward the request to the Honble High Court so that a direct order from the same can be redeemed so as to mobilize the chief judicial magistrates & their follow up too can be ascertained.

b) Following the above procedure, the Honble High Court passed an order stating the CJM of 36 districts to kindly and actively participate in the aforementioned event.

c) The contact list of 36 CJM was acquired from UPSLSA from where the home work of Vatsalya started.

d) To grace the event and share his wisdom on the grave issue of concern the Vatsalyas chief functionary met Honble Mr. Justice Uma Nath Singh (Senior Judge) Lucknow Bench of Honble Allahabad High Court (UP) to receive his consensus to be the chief guest for the proposed event. Correspondingly Honble Mr. Justice Devi Prasad Singh (Judge), Lucknow Bench, Honble High Court of Judicature at Allahabad, Uttar Pradesh was also pursued and invited for the same to be the guest of honour.

e) The details of pending trial cases under PNDT was obtained from State Appropriate Authority Dr. Chiranji Lal (DG family welfare) which was further shared with the CJM of the respective districts (invited in the event).

f) A letter of invitation was forwarded to Shri. Sanjay Agarwal (Principal Secretary Health & Family Welfare- UP) & Shri. Mukesh Kumar Meshram (MD NRHM- UP).

g) The Special Secretary Law, Shri SM Haseeb (Member State Appropriate Authority) was also humbly invited for the state event so as to bring in open the state of PNDT in UP as a panelist and share his experience as an member SAA.

h) For the resource material, it was a kind gesture of UNFPA to share, around more than 40 books on compilation & analysis of cases on PC PNDT Act, which was given to all the invitees so that they can be used sufficiently as a tool for future references.

i) Lot of effort was put to mobilize the national level speakers who were called from different parts of India to create understanding on various spots of the issue.

j) Generous amount of time was provided by UP SLSA towards accomplishing the event successfully, like- outlining of the agenda & frame work of the event, in making us understand the protocol of the judiciary officials and facilitation at every step wherever needed by the organization.

Inaugural session

Welcome address:

The workshop started with the welcome address by Ms. Debjani Khan- program manager, Let Girls Be Born Project, Plan India. Ms. Khan welcomed all the eminent guest & partakers and conferred in brief about the Plan India and the Let Girls Be Born project that is being run in 6 States of India, in which the focus has been made to strengthen both the sides of subject (community intervention & legal constituent).

(From L to R (Ms. Debjani Khan, Dr. Neelam Singh & Justice UN Singh))Lightening of lamp:

Lightening an oil lamp refers to the light of higher knowledge dispelling all ignorance & awakening the compassion and quest for knowledge. To do the needful Lordship Honble Mr. Justice U.N. Singh; Mr. Pramod Kr. Goel (Member secretary- UPSLSA); Dr. Neelam Singh (member CSB & NIMC) & Ms. Debjani Khan were requested to lit the oil lamp. Following which the inaugural session started with the opening remarks by Mr. Rajeev Maheswaram (Deputy Secretary- UPSLSA).

Opening remarks: Address by Mr. Rajeev Maheswaram (Deputy Secretary- UPSLSA)

(Mr. Rajeev Maheshwaram addressing the opening remarks)Mr. Rajeev said that the son preference and discrimination against the girl child is almost universal in India and manifests itself in many ways, including sex selection i.e. pre-birth elimination of female foetuses. This practice has led to decline in the Child Sex Ratio in most parts of India. The Child Sex ratio, which is the number of girls per 1000 boys in the 0-6 years age group has declined from 976 in 1961 to 914 in 2011.

The consequences of declining sex ratio are serious, all pervading and far reaching. Lesser number of girls in society has resulted in increased violence against women and denial of basic rights to them. It has also led to increase in sex related crimes (rape, abduction, forced polyandry). Sex selection, further, impacts health, especially reproductive health of women who are forced to go in for repeated pregnancies followed by abortions in the desire to have a male child.

Ironically the major reason for declining sex ratio is the proliferation of modern technology and easy and affordable access to such technology with its rapidly expanding use for the purpose of pre and post conception sex selection followed by elimination of foetus, if found to be of female.

Taking cognizance of this issue, the Government of India responded to the imperative need of the hour by passing Prenatal Diagnostic Techniques Act, 1994 to stop this practice and misuse of technology for prenatal sex determination.

Objective of the workshop: Address by Dr. Neelam Singh (Chief functionary, Vatsalya)

(Dr. Neelam Singh addressing the objective of the workshop)Dr. Neelam Singh while addressing the objective of the workshop exclaimed that the sex ratio is an important indicator not only to measure gender equality of a society but a social development also. Rapidly declining sex ratio is a real cause of concern for all of us. It is to be viewed as a child rights issue, raising questions about Article 6 of UN CRC (convention for the rights of child) of which India is signatory.

Recent results of Census 2011 has shown that the sex ratio in UP declined by 17 points against the 11 point fall at the national level. Another aspect of this decline is that it is steeper in Poorvanchal & Bundelkhand region of State as complained to the Western part of UP. It is also a fact that the implementation of law is not only weak but also difficult. The PC PNDT Act is quite different from other social legislations (child marriage restraint Act, domestic violence Act, Dowry prohibition Act) as it does not involve any change in social behaviour and practice rather regulates and demands ethical medical practice & regulation of medical technology that have the potential to be misused; as ignorance of law cannot serve as an excuse for contravening the provisions/rule as prescribed under the Act resulting in the commission of an offence. As some cases pending for trial as old as 10 years. There has been hardly any convictions in UP with overall 51 cases in the court of law.

Dr. Singh asserted that the objective of the workshop is to catch the attention of judiciary on the ground realities pertaining to declining sex ratio & implementation of PC PNDT Act in Uttar Pradesh, which could correspondingly expedite in implementation of the law in state, following punitive actions taken albeit cognizance for the contravention of the provisions of the Act or rules, which is actually the need of the hour, strengthening the PC PNDT Act.

Key note address: by Lordship Honble Mr. Justice U.N. Singh (Senior Judge) Lucknow Bench of Honble Allahabad High Court (UP) & the chief guest of the day delivered the key note address.

Honble Justice UN Singh expressed,

The principles of gender equity are an integral part of the constitution. The constitution refers equal rights & opportunities on women, bars discrimination on the basis of sex and denounces practices derogatory to women. Inspite of this the discrimination against women & girls is universal.

(Honble Mr. Justice U.N. Singh delivering keynote address)Forced abortions of female foetuses and prenatal sex determination results in millions of girls not being allowed to be born just because they are girls. The 2011 census revealed that the child sex ratio in the country (the number of girls per 1000 boys in the 0-6 years age group) has shown a sharp decline from 976 girls per 1000 boys in 1961 to 914 in 2011. In certain parts of the country there are less than 800 girls for every 1000 boys born.

The decline in sex ratio can severely impact the delicate equilibrium of nature and destroy our moral and social fabric. Sex selection is a reflection of the low status of women in society and a patriarchal mindset steeped in son preference. Sex selection also occurs because of the perceived financial cost of having a girl child, which includes paying for her education, community customs that put burden on the family, the increasing commercialization of the institution of marriage because of which large sums have to be spent on the marriage ceremony and given away as dowry. In general this perception conjoined with the attitude that the girl is a paraya dhan creates a mindset that girls are indeed a liability and boys assets because of reasons of lineage and the perception that they would provide old age support.

The PC PNDT Act should be viewed in a larger context of gender equality and in that an attempt should be made to draw a connect with the implementation of Hindu succession Act, Protection of women from domestic violence Act & Dowry prohibition Act. At the same time while working on sex selection, utmost precaution should be taken to ensure womens access & safe legal abortion does not get compromised.

Vote of thanks:

Dr. Neelam Singh expressed her sincere gratitude:

For receiving the support of Plan India in trying to create space for such dialogue in UP

To Honble High Court for taking prompt action to organize the state workshop of CJM

To UPSLSA for becoming the equal partners in providing all support, facilitation & overall direction in framing the workshop

Working session I

Status of Implementation of PC PNDT Act

& Exploring Possibilities

Chairperson: Honble Mr. Justice Devi Prasad Singh, Judge- Lucknow Bench, Honble High Court of Judicature at Allahabad, Uttar Pradesh

Panelist:

Name of panelist

Description

Subject

Dr. Sabu M. George

National activist & member of NIMC

Overview of declining CSR- national & state scenario and importance of PNDT

Dr. M. Geeta IAS

Commissioner for food & drugs, Government of MP

Experience sharing- Implementation of PC PNDT Act as an Appropriate Authority

Dr. Neelam Singh

Member of Central Supervisory Board & NIMC

Status report: status of implementation of PC PNDT Act in Uttar Pradesh

Dr. Sabu M. George:

(Dr. Sabu M. George explaining the national/state scenario)Dr. Sabu George expressed that around five million girls were eliminated between 1986 and 2001 because of foetal sex determination done by unethical medical professionals. The rate of extermination continues to increase after Census 2001. Sex determination and sex selective abortion was traced to an Amritsar clinic in 1979 which has now grown into an Rs 1,000-crore countrywide industry. Son preference has become daughter aversion in India in the recent decades due to the widespread 'legitimization' of this form of violence against women. In the early 1980s, families in Punjab who had two or more girls went in for sex determination; by 1995 some families in Punjab, Haryana, Delhi resorted to the practice in the first pregnancy itself they wanted a son first.

Multinational ultrasound equipment manufacturers took advantage of the economic liberalization of the early nineties and started production of ultrasound machines in India by the mid nineties. The aggressive marketing of these machines coupled with easy availability of cheap credit for purchase made scanning accessible in many parts of the country. Machines were sold to anybody who wanted to purchase them. Saheli, Delhi, has documented the boom in ultrasound scanners relative to other forms of medical equipment. Ultrasound has multiple uses but the continued decline of sex ratios at birth reveals that foetal sexing is a significant misuse of ultrasound.

The preposterous attitude: Dr. Sabu George exclaimed that the medical practitioners view sex determination test as humane services to provide couples who do not wish any more daughters or only a son. While the former and the economist also endorse the argument that sex selective elimination is preferable than neglect, which in a way also aids in population stabilization. He asserted that strong son preference for sons over daughters exists in South East Asian countries unlike western countries. People realize smaller family size with relatively greater number of sons by abuse of medical technologies. Pregnancies are planned by resorting to differential contraception- based on number of surviving sons irrespective of family size.

The first case in which conviction was held was in 2006 in Haryana state. Similarly in the Maharashtra Court case in which advocate Varsha Deshpande (Varsha Deshpande of the Satara Advisory Council has, since 2003) set an excellent example of how to implement the PC PNDT Act. He concluded that if these states can do then why not the State of UP can do this, where till yet no convictions has been observed?

Dr. George said that China as of 2000 census was eliminating one million girls annually but present trends suggest that India is likely to overtake China in less than a decade or in coming Census 2021. Thus converting crimes into sins will be more dangerous as it will only fuel further decline in sex ratios. We need to work on the implementation of law, make the strong one stronger and effective.

Dr. M. Geeta:

Dr. M. Geeta shared her experiences of being Appropriate Authority in Shivpuri, Datiya, Mandsaur, Reewa & Ujjain districts of Madhya Pradesh.

(Dr. M. Geeta sharing her experience on PNDT)Dr. Geeta entailed the child sex ratio of various districts of Mashya Pradesh in Census 1991/2001/2011 and its decline. She revealed the constraint that administration faces in regulating the mobility of the mobile pre natal diagnostic machines. She said that the wide geographical area of MP is bounded by Rajasthan, UP, Maharshtra & Gujarat which at times adds to the tribulation in implementing the law.

Sharing her work experience, she said that though DAC were formed in all districts (where she got posted as collector/AA), but it was surprising that the profile of the members of DAC was unsatisfactory, while the statuary body had large pendency for renewal; Thus the reconstitution of DAC was her first task which she did as a District Appropriate Authority.

Under her guidance and leadership around more than 27 centers were inspected who were callously flouting the norms penned PC PNDT Act.

Acting strong on IMA, Dr. M. Geeta said that IMA should play a key role in support in warding off such practices and the related doctors who are fond guilty and convicted under the law, but seldom happens as required from their front.

She expressed thanks to media as she received lot of support from them in highlighting the issue, thus creating a conducive environment in MP.

Dr. Neelam Singh:

The missing girl phenomenon which Uttar Pradesh witnessed-

(Dr. Neelam Singh sharing the status of PNDT in UP)Expressing her concern Dr. Neelam Singh said that in UP the figure pertaining to the girl child has been constantly declining but the provisional data of Census 2011 & AHS (2010-11) came as a surprise for all. The data clearly depicts that in-spite of the rigorous efforts put by the diverse stakeholders (accountable & working for the issue), we still lack in our efforts which is precisely evident from the mushrooming* of sex determination centres in State, callously flouting the norms penned under the PC-PNDT Act.

Source: Census 2011

CSR 1991

CSR 2001

CSR 2011

Difference

1991-2001

Difference

2001-2011

India

945

927

914

-18

-13

Uttar Pradesh

927

916

899

-11

-17

*Note: The study conducted by the Census, GOI (Provisional Regional Centre) says that the sex ratio is inversely proportional to the number of machines functional in a district.

*Source: AHS 2010-11

Sex ratio at birth

State

Total

Rural

Urban

UP

904

911

873

She added that the provisional data of Census 2011 also depicts the change in the behavioural pattern of the society. The gentle transition of decline in child sex ratio from western (which was seen in previous Census) to the eastern and tribal areas of the Bundelkhand region which has given rise to plethora of new sex determination hubs- where the technology has invaded into the most far-flung and backward districts, as a resultant the maximum drop was seen in the aforementioned regions contrary in the Western UP which typically has always been perceived with more gender biasness.

Discussing about the status of PC PNDT Act in State of UP, Dr. Singh asserted that though this bylaw was sketched out in full letter & spirit, the status of implementation of law seems to be quite unfortunate. The statuary bodies at the state level like- state supervisory board & state advisory committee are presently being re-constituted, while DACs though constituted in districts have large pendency for renewal.

Court cases:

Though there are 39 cases under prosecution, pending for trial & justice but till yet no convictions have been made in Uttar Pradesh.

Dr. Singh also shared in brief about the study commissioned by GoUP (Department of H & FW) to Vatsalya to study the status of implementation of PC PNDT Act in State. The report explicitly shows the poor implementation of the same (including both the sides- implementers & compliants).

Dr. Singh described that PC PNDT Act was not brought into force because common people were resorting to sex selection, but because the supply side made it possible and easy for them to do so. Abandoning their moral responsibility to the tenets of medical profession, a few health service providers took advantage of the discriminatory social practice of son preference and daughter aversion, but each time they made a profit, there were many losers- the country, our profession & the girl child.

Address by Lordship Honble Mr. Justice Devi Prasad Singh (Judge), Lucknow Bench, Honble High Court of Judicature at Allahabad, Uttar Pradesh:

(Honble Mr. Justice Devi Prasad Singh (Judge) addressing CJMs)

Honble Mr. Justice D P Singh addressing the workshop and the partakers said that the socio cultural development of Indian society compels to give birth to a male child. The reason behind is thousand years of mindset for male preference and secondly expenditure involved in marriage of female child in form of dowry. On account of cultural conflict & dominance, the girls were the first target by the mighty rulers of opposite culture; however the Vedic India was a golden period for the status of women.

Honble Mr. Justice further added that post constitutional era no major efforts has been made to protection of children and check foeticide. Only 0.034% of total union budget is allocated for the child development. The population in 0-6 years group during 2001-2011 registered minus 3.08% growth with minus 2.42 for males and minus 3.8% for females. It was more astonishing to observe the child sex ratio in Census 2011 has dilapidated maximum in the Eastern & Bundelkhand regions of UP contrary to the Western UP despite having a stringent national Act known as PC PNDT Act (prohibition of sex selection) in India.

Honble Mr. Justice also emphasized that the social mindset has been fuelled by the globalization of the modern technology, which has taken place at a rapid pace, with around 4000 ultrasound clinics functioning in the state of Uttar Pradesh, because of which the systemic elimination of the female foetus has taken place throughout the state resulting in skewed sex ratio. The law enforcing agencies have to act fast to arrest this phenomenon, which is already showing its adverse impact on society. He further claimed that people obey the law ordinarily for three reasons- (1) being a self conscious citizen of impeccable character (2) who are religious by core of heart (3) the fear of punishment. Therefore the quick trial punishment should be maximized & deterrent. The law has to be enacted very fast, as we cannot change the mindset of the society. No doubt women empowerment, development of positive thinking amongst the people, ethical education etc. are important But before this happens, the implementation of PC PNDT Act has to be done in letter & spirit with further amendment to check the menace of female foeticide.

Honble Mr. Justice concluded with the hymn of Atharvaveda:

The whole of this Universe

Is stationed in the omnipresent

And omnipresent God

We see him in various forms

He brings to Light

All these worlds

Him they call the Kala infinite

Pervading the vast sky

Whether in the child in womb, the omnipresent is not present?

Working session II

Salient features of PC PNDT Act & Galvanizing action through Judiciary

Chairperson: Professor Balraj Chauhan, Vice Chancellor, Dr. Ram Manohar Lohia National Law University, Lucknow Uttar Pradesh

Name of panelist

Description

Subject

Shri. S M Haseeb

Special Secretary Law (GoUP) & member state appropriate authority

Sharing of case details for prosecution under PC PNDT Act in UP & experience sharing as state appropriate authority

Advocate Uday Warunjikar

Advocate Honble High Court Mumbai, Maharashtra

Understanding PC PNDT Act

Dr. Shalini Phansalkar Joshi

Joint Director- Maharashtra Judicial Academy

Galvanizing action through Judiciary: sharing of landmark decisions by SC & HC

Ms. Anuja Gulati

State program officer (Maharashtra) & UNFPA representative

Shri S M Haseeb:

Mr. Haseeb briefly described about the statuary bodies & the role of three member State Appropriate Authority (SAA) & District Appropriate Authority (DAA) under PC PNDT Act.

(Shri. SM Haseeb sharing case details of pending trial cases under PNDT)Appreciating the continuous advocacy efforts of Vatsalya, he declared that the two SIMC (State Inspection & Monitoring Committee) have been formed in UP. Taking a note of PC PNDT law, the former said that as per the Section 27 every offence under this Act shall be non bailable, cognizable & non compoundable, which is the sheer beauty of the Act. Taking a pause he said that though regulatory inspections do happen but deficient capacities of the concerned officers/persons in drafting of the case and evidence collection, which makes the prayer so dilute that that the charges are seldom proven and conviction rarely happens.

Commenting on dismal state of PNDT and the pending trial cases in court under PNDT, Mr. Haseeb said that its a disappointing that till date there havent been any convictions made in UP contrary to the other states in India, as CJMs are actually not acquainted with the subject of declining sex ratio and the genocide happening in their districts and ofcourse its social consequences causing civic turmoil. He requested CJMs to take cognizance of such matters and with speedy disposal of long pending cases for trial & justice. Discussing about the actions taken by the SAA in UP, he said that 25 appeals have been heard by the former and order have been passed on 23 of them.

Taking reference of the Putrayan capsule advertisement, Mr. Haseeb said that this was advertised in the 7 states of India but was filed only in district Bareilly in UP. Commenting on present the scenario he said that we need to become practitioners and boost our inner activist so that things do fall at right place.

Advocate Uday Warunjikar:

(Adv. Uday Warunjikar explaining PC PNDT Act)Advocate Uday Warunjikar explained the objective of the Pre Conception & Pre natal Diagnostic Techniques Act, 1994 (Prohibition of sex selection). He said that the aforementioned law speaks about prohibition (of sex selection, before or after conception), regulation (of pre natal diagnostic techniques) & prevention (of their misuse for sex determination leading to female foeticide). To explain the need of regulation of pre natal diagnostic techniques, the former illustrated the example of Indian Arms Act, so that the perception of the judicial officials can be developed.

Talking about the beauty of the Central Act, Adv. Warunjikar emphsized applauded the law makers for crafting such a wonderful law foreseeing the patriarchal mindset and the misuse of technology & science that might happen in near future. Stating further he explained/emphasized the distinctiveness:

the law is for i.e. both for male & female, thus making it gender neutral

Rule 17 which speaks about the public information, which needs to exercised and brought into practice

Section 27 which speaks that every offence under this Act shall be non bailable, cognizable & non compoundable, which we all (CJM) need to take care and consider

Section 24 which speaks of presumption in the case of conduct of pre natal diagnostic techniques

Section 28 which speaks about the cognizance of offences on a complaint other than Appropriate Authority, if a person has given notice of not less than fifteen days in the manner prescribed, to the Appropriate Authority, of the alleged offence.

Adv. Warunjikar explained & described various sections (3 A; 6; 22; 5; 4; 29; 23) & rules (9 & 17) of the PC PNDT Act which was both wonderful & appreciative to learn from him, as it was more participatory in nature.

Discussing about the social consequences of declining sex ratio, the former exclaimed that figure of missing girl has started disturbing the equilibrium of our society. He explained that having less women of marriageable age will mean that a significant proportion of men will have to delay their marriage/forced to bachelorhood due to the cumulative impact of skewed sex ratio on several generations and will translate into class based tensions, potential violence and further abuse of the minority groups.

On the concluding note Adv. Uday Warunjikar exclaimed that the PC PNDT Act is for us i.e. for our children and their childrens children so that our decision can be reflected in their birth.

Dr. Shalini Phansalkar Joshi:

Dr. Shalini shared the landmark judgments like CEHAT Vs union of India; Vinod Soni & Vijay Sharma Vs Union of India in which the Constitutional validity of the Act was challenged on the ground that it violates Article 14 of the Constitution, for which the court said that the right to personal liberty cannot expand by any stretch of imagination to its liberty to prohibit coming into the existence of male or female, which shall be for the nature to decide. Thus not even making a prime facie case for violation of Article 14 hence dismissed.

Success stories: in the Court of M.M. Shindewadi, Mumbai; MMC VsChhaya Tated & Shubhangi Adkar pertaining to the advertisement of sex selection in a weekly magazine Lokprabha in 2004. The defense put that it was a editorial & printing mistake was rejected by the court accused were convicted for a period of three years & penalized under section 22 & 23 and rule 4, 6 & 9.

In the JMFC Court of Parola, District Jalgaon; Dr. Sambhaji Patil Vs Dr. Prashanth Navnital Gujrathi- the accused was convicted under section 23 & 25 for the contrvention of rules of 9 (4) for non maintenance of records. The highlight of the judgment was that a copy of the same was sent to the Appropriate Authority with direction for necessary action of cancellation of registration as per the section 23 (2).

In the court of JMFC Karad, Govt. of Maharashtra Vs. Dr. Prabhakar Pawar- A 6 months pregnant decoy patient was send by Adv. Varsha Deshpande with marked currency notes for the sex selection tests. On immediate inspection the accused was caught red handed and convicted for as many as nine offences & correspondingly given full imprisonment of 3 years and fine under section 23 for contravention of Section 3 (1), 5, 6, 29 (1) & Rule 3, 9, 10 & 17 for revealing sex to decoy.

Other major cases also discussed by Dr. Shalini were- M/s Malpani clinic Vs Appropriate Authority, Dr. Pretinder Kaur Vs State of Punjab, Dr. Varsha Gautam Vs State of Punjab, Dr. devendra Bohra Vs State of Haryana, Suo Moto Vs State of Gujarat, Dr. Suhasini Umesh Karanjakar Vs Kohlapur Municipal Corporation, Chitra Agarwal Vs State of Uttaranchal, Dr. K L Sehgal Vs Office of District Appropriate Authority, IRA Vs UOI etc.

Ms. Anuja Gulati:

Ms. Anuja Gulati shared the work experience of UNFPA with Judiciary for the effective implementation of PC PNDT Act in Maharashtra.

(Ms. Anuja Gulati sharing the work experience of UNFPA with Judiciary in Maharashtra)The lady asserted that mindset change is a slow process, hence we need to work for focused implementation of law; she added that law is challenging as sex selection happens behind the closed doors; need to interpret the law in broader context of how the issue impacts the social & cultural fabric of the country, with intention of preventing gender discrimination.

With the joint efforts of UNFPA, department of Public Health, Maharashtra SLSA & Maharashtra Judicial Academy various workshops with Judiciary in 33 districts of Maharashtra were covered in which 1192 judicial officers & 425 prosecutors were oriented about the subject; which provided a better understanding on the issue of sex selection amongst judicial officers, built pressure for the speedy disposal of the pending trial cases in Court and also provided an opportunity to talk about the gender related laws. This also strengthened the work of Appropriate Authorities; state health department appointed a state legal advisor to help draft cases for state & districts and a panel of prosecutors was designated in each district as PNDT prosecutors.

Ms. Gulati asserted that the efforts integrated with MJA (Maharashtra Judicial Academy) resulted in:

Issue of sex selection included as a part of all induction & refresher programs of MJA

Capacity building of prosecutors held

Book with analysis of cases under PNDT got published as a reference document

Outcome: Ms. Anuja Gulati at the conclusion voiced that sensitizing judiciary helped in speedy redressal of pending trial cases and pronouncement of stringent punishments upholding the law in its true spirit, which is visible, as-

26 landmark judgments pronounced thus far by trained judicial officers- for advertisement, improper maintenance of records and revealing sex to (decoy) clients.

Five doctors not granted bail during judicial proceedings to ensure a deterrent effect

Name of 22 doctors suspended from Maharashtra Medical council

Names of 57 doctors given to Medical council for deregistration following framing of charges

High Court directed subordinate Courts to try and decide PCPNDT related cases with utmost priority and preferably within one year.

Valedictory session

Shri. Mukesh Meshram (MD NRHM- Uttar Pradesh) - Valedictory address:

(Shri. Mukesh Meshram delivering valedictory address)Mr. Mukesh Meshram (MD NRHM) giving the valedictory address expressed and appreciated the sincere efforts put by Vatsalya & Plan India in taking a lead and initiating such a discussion with one of the most significant stakeholder on the issues of declining child sex ratio & regretful state of implementation of PC PNDT Act in Uttar Pradesh. The MD NRHM said that the judicial machinery/legislators have been doing their work religiously and come last in the line, so its time for us to do and act responsibly for ourselves for our future generations.

Mr. Mukesh Meshram declared that very soon UP NRHM will be conducting the state level training of Appropriate Authority & nodal PNDT which is very much required, seeing onto the dismal state of PNDT implementation in UP.

He expressed sincere thanks to the invited guests, UPSLSA and speakers for providing a base to the Chief Judicial Magistrates on the issue of grave concern.

Mr. Rajeev Maheswaram- Summing up:

Mr. Rajeev Maheshwaram (Deputy Secretary UP SLSA) summed up the whole event and convey his gratitude to all the invitees & speakers for sharing the eye opening experiences and information with Judiciary and generating a discussion.

Dr. Neelam Singh:

Heading towards the conclusion of the workshop Dr. Neelam Singh expressed her heartfelt thanks to Honble Mr. Justice U.N. Singh, Honble Mr. Justice D P Singh, UPSLSA, Prof. Balraj Chauhan, Shri. Mukesh Meshram (MD NRHM-UP), Mr. SM Haseeb (Special Secretary Law, GoUP), CJMs of 36 districts, resource persons (Dr. M. Geeta, Adv. Uday Warunjikar, Dr. Sabu George, Dr. Shalini Phansalkar, Ms. Anuja Gulati), Plan India, UNFPA, Hotel staff & media in extending their endeavours in the successful accomplishment of the event. She asserted that this is not the end but just the beginning, as such kind of events will ensue in near future for better understanding on the gender issues, state of girl child & how the law needs to be interpreted acted in social context. On a concluding note Dr. Singh quoted,

The workshop concluded with the national anthem...

, , !

Output/outcome of the workshop

Honble Mr. Justice D P Singh seeing onto the pathetic state of PC PNDT in UP and the missing girl phenomenon, has requested Dr. Neelam Singh to forward the status report and the list of pending trial cases under PNDT to him for action.

Mr. Satyanand Upadhaya (CJM- district Meerut) has issued a letter to the DM/AA district Meerut to acknowledge him with the status of DAC & cases pending in Court under PNDT at his earliest

Mr. Kshitij (CJM- district Saharanpur) has ordered for the speedy disposal of pending trial cases under PNDT.

The Special Secretary Law & member SAA- Shri. SM Haseeb, has given his consensus to take up matter of two cases pending to be filed in CJM court in Amethi district. The two unregistered centers were inspected by the appropriate authority in Amethi and were sealed, but following the internal dynamics and local pressure building the concerned authorities have become inert in taking up the case in CJM court.

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