In Brief
In this interlocutory application concerning the Pre-conception and Pre-natal Diagnostic Techniques (PCPNDT) Act, 1994, the Supreme Court addressed whether the Central Government had statutory power to prescribe qualifications and training for persons conducting pre-natal diagnostic procedures. The Delhi High Court had held that no such power existed under the PCPNDT Act. The Supreme Court disagreed, finding that Section 32(2) of the Act expressly empowers the Central Government to frame rules prescribing minimum qualifications. The Court held that qualifications must be read purposively to include training requirements necessary to safeguard against misuse of diagnostic techniques. Accordingly, the Court stayed the Delhi High Court judgment and ordered strict enforcement of its earlier directions in Voluntary Health Association.
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