Qualified Private Medical Practitioners and Hospital Association v/s. State of Kerala
- Jothi Poorna S., Bharath Institute of Law
- December 27, 2020
Content :
The following is a brief case analysis of the case titled Qualified Private Medical Practitioners and Hospitals Association v. State of Kerala. This case is related to Pre – Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (hereinafter referred to as ‘the Act’). This Act was enacted by parliament to stop female foeticide which is illegal in India and to put check on the declining sex ratio in India. In other words, this Act banned prenatal sex determination of an unborn baby due to social perspective of regarding girls as a liability . Every genetic centre, clinic or hospital which involves in pre – natal diagnostic techniques like in vitro fertilization with the potential of sex selection before and after conception will come under the purview of act. In this case, the question was that whether a genetic centre, clinic or hospitals which do not conduct pre-natal diagnostic tests using ultrasonography will not come within the purview of Act. This case has been read, summarized and analyzed broadly under the following heads: introduction, facts, issues raised and arguments of both sides, legal aspect, views of court, overview of judgment, conclusion and suggestions. This case focuses on the provision of Section 2, 3, 4, 18 and 30 of the Act.
