Supreme Court · 2019 INSC 620 · Decided 3 May 2019
Federation of Obstetrics and Gynecological Societies of India (Fogsi) v. Union of India and Others
- Court
- Supreme Court of India
- Citation
- 2019 INSC 620 · [2019] 7 S.C.R. 12
- Case number
- WRIT PETITION (CIVIL) No. 129/2017
- Decided
- 3 May 2019
- Bench
- ARUN MISHRA, VINEET SARAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 21, 14, 19(1)(g), 51A(e)
Headnote
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - ss.23(1) and 23(2) - Constitutional validity of - The petitioner-Society contended that s. 23(2) of the Act is ultra-vires the guilt of the alleged accused even before his/her conviction by a competent court and hence violates the fundamental right guaranteed u/Art.21 of the Constitution - Held: s.23 is not a stand alone section - It is rather used in the enforcement of other provisions of the Act
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