Raelene Kambli, EH News Bureau
The double judge bench of the Delhi High Court, on July, 23, 2012, passed a stay order on the Ministry of Health and Welfare’s Gazzete Notification of June 4, 2012 and brought a new twist to the ensuing battle between the Central Government and IRIA. After hearing the arguments from both sides, the court disapproved the Government’s stand that radiologists/ sonologists should visit no more than two clinics within a district to perform ultrasound and that they should compulsorily specify their consulting hours at each clinic. As per the Gazette Notification, the registration rates for ultrasound centres has also been arbitrarily hiked from Rs 3,000 to Rs 25,000 and from Rs 4,000 to Rs 35,000.
During the court proceedings, the government was represented by the Additional Solicitor General of India. He took an emotional angle and pleaded that the move was an attempt to curb female foeticide within the country. The government counsel also pointed out that the sex ratio is declining day by day in the country. The IRIA counsel was Vikas Singh, Sr Advocate and former Additional Solicitor General of India who convinced the learned judges that the new notification would adversely affect India’s healthcare delivery system, especially those who form the poorer sections of the society. He further pointed out that this move will also result in an artificial shortage of radiologists in the country which in turn would be very detrimental to the entire healthcare system. Singh, in his argument, also said that IRIA is equally concerned with the rising numbers of sex-selective abortions but the measures taken by the government are misdirected. These measures will not affect the declining sex ratio in any way, on the contrary it would lead to the denial of ultrasound facility to the general public, even during emergency situations. IRIA’s argument also highlighted that pregnancy ultrasounds form only about 2-5 per cent of the total number of ultrasounds done by radiologists, and that the other areas of usage would also be affected by this notification.
Commenting on the first achievement of the IRIA in this case, Dr Harsh Mahajan, Honorary Radiologist to the President of India, Padma Shri Awardee President, Indian Radiological & Imaging Association informed, “On July 9, 2012, we first filed a writ petition and pleaded to bring in a stay on the Gazzete Notification. Since it was an important issue the Delhi High Court had its first hearing on the July 10 itself. The Government counsel at that time was asked to file their petition which they couldn’t do in a short period of time. Therefore, the hearing was fixed for July 23, 2012.”
Speaking on the verdict passed, he further said,“We are happy that the judgment came in our favour. We did not really raise the issue of increased charges in this hearing which was exclusively for grant of stay, though it does form part of our writ petition. We will take it up on the next hearing which is in September.” He also informed that this case is an eye-opener for the nation and will further dig deep into this issue. Dr Mahajan further commented, “IRIA would lend their full support towards eliminating this social stigma within our country. I am sure that with the unity of our members we will be able to engage with the government and other interested parties to rid our great nation of sex determination tests and sex selective abortions. IRIA and its members are law abiding and are equally interested to catch the culprits who perpetrate this heinous crime.”
The officials from the Ministry of Health and Family Welfare were not available for comment.
While investigating on this case, Express Healthcare also spoke to several obstetricians, gynaecologists and radiologists across India who were of the opinion that this case, in its future proceedings will direct the Government to alter the PNDT Act, 1996 that permits any registered medical practitioner (RMP) to conduct ultrasound examinations with just six months’ training in the field.
The first round of this battle goes to the radiologists. We will have to wait until September to see how this case pans out further and who has the final laugh.