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Supreme Court of India 2019-05-03 dismissed

Federation of Obstetrics and Gynecological Societies of India (FOGSI) vs Union of India and others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

FOGSI, a medical society, challenged the Pre-conception and Prenatal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994, arguing that its strict implementation—including sealing of diagnostic machines for procedural irregularities and automatic suspension of medical registration—violated constitutional rights under Articles 14, 19, and 21. FOGSI claimed that mandatory Form 'F' maintenance was excessive and that sealing machines deprived women of critical healthcare. The Court upheld the Act as constitutionally valid social welfare legislation. The Court held that mandatory record-keeping is not a clerical formality but a substantive safeguard against sex-selective abortion, and that automatic suspension serves as a legitimate deterrent. The petition was dismissed.

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