P.C.P.N.D.T.ACT. AND MISUSE OF PROVISIONS OF SAME TO HARASS DOCTORS.
1. THAT THE PROVISIONS OF P.C.P.N.D.T.ACT ARE FOR PREVENTING TO DISCLOSE THE SEX OF CHILD WHETHER MALE OR FEMALE BEFORE THE BIRTH OF CHILD. THE INTENTION AND PURPOSE OF SAID ACT WAS GOOD. BUT IT IS OBSERVED THAT THERE IS MISUSE OF PROVISIONS OF SAID ACT BY THE SO CALLED SOCIAL ORGANISATIONS TO TERRORISE THE DOCTORS, WHO CONDUCT STING OPERATIONS EVEN WITHOUT PROPER WRITTEN PERMISSION OF THE APPROPRIATE AUTHORITIES APPOINTED UNDER SAID ACT.
2. THOUGH THERE ARE SOME GENUINE CASES , BUT SOME INNOCENT DOCTORS ARE MADE TO SUFFER IRREPAIRABLE LOSS , HARDSHIPS AND DEFAMATION ONCE A CASE IS FILED AGAINST THEM. THE LEGAL PROCEDURE OF TRIAL AND JUDGEMENT , APPEAL AND FURTHER REMEDIES TAKES A LONG TIME PERIOD AND INNOCENT HIGHLY QUILIFIED PERSONS ARE MADE TO SUFFER DURING TRIAL PERIOD AS THE REGISTRATION AND LICENCE TO PRACTICE AS A DOCTOR IS SUSPENDED BY THE M.M.C. TILL FINAL JUDGEMENT BY THE TRIAL COURT.
3. IN APPEAL THE SAID APPELLENTS ARE ACQUITED. BUT THE IRREPAIRABLE LOSS AND HARDSHIPS AND MENTAL TORTURE AND HARASSMENT , DEFAMATION AND LOSS OF INCOME AND LIVELIHOOD NEEDS TO BE COMPENSATED IN THE INTEREST OF JUSTICE.
4. AN AMMENDMENT IS NEEDED IN SAID ACT REGARDING PROVISION FOR COMPENSATION AND PUNISHMENT AGAINST THE COMPLAINANT , FOR FILING FALSE AND FICTITIOUS CASES WILL RESTRICT THE PROSECUTION OF INNOCENT HIGHLY QUALIFIED PERSONS WHO ARE DOCTORS .
RECENTLY A CASE OF A QUALIFIED DOCTOR APPELLENT WAS STRONGLY DEFENDED BY US AND CAME ACROSS SEVERAL LAW POINTS , THE SAID DOCTORS APPEAL WAS ALLOWED BY HONOURABLE SESSIONS COURT AND CHIEF JUDICIAL MAGISTRATE COURT JUDGEMENT OF CONVICTION WAS SET ASIDE.
THIS ARTICLE IS OUR LEGAL OPENION AND THE FACTS OF EACH CASE MAY DIFFER PLEASE NOTE.
GOOD LUCK.
NANDKUMAR B.SAWANT.,M.COM.LL.B., ADVOCATE HIGH COURT,
