Can one be exempted and how to file the plea?
pradhan
(Querist) 16 December 2012
This query is : Resolved
Sir,I would like to know over the e-mail,as to how one may proceed for exemption from the ban on portable sonography.If ones near and dear one is almost bed-bound and wishes to get 2 D echo cardigraphy as well as abdominopelvic sonography done just for screening and that too at the age of 80 years when there is no question of pregnancy and gender-determination,does one have to approach the high court or any lower court to plead exemption from the H.C. ban on portable sonography.Thanks,
Raj Kumar Makkad
(Expert) 16 December 2012
The Bombay High Court on Tuesday turned down the demand of Indian Radiological and Imaging Association (IRIA) to review the state government’s decision to instal the silent observer device in sonography machines.
The machine enables government officials to keep a track of images of patients undergoing sonography. The initiative was started by the Maharashtra government in May last year in an attempt to correct the skewed sex ratio in the state. The move came after it was introduced by the collector of Kolhapur district as a pilot project.
However, opposition to the silent observer device largely revolves around concerns about invasion of privacy, which was the main contention of the IRIA before the court in its review petition.
However, the Division Bench of Chief Justice Mohit Shah and Justice R P Sondurbaldota observed, “It is clear that the data from the silent observer will not be available to the public at large. The petition is therefore dismissed.”
During the hearing, the counsel for the association, Anita Bhaktwani, contended that the concerns about invasion of privacy and the possibility of its misuse are very high. Responding to these contentions, Chief Justice Shah said, “Merely the fact that such power can be misused is not a reason to do away with the power altogether.”
In August this year, the same bench had for the first time upheld the state government’s order. The court had then noted that it “could not close his eyes to the decreasing child sex ratio in the state”.
So this test can be done only in the big hospitals.
