In a major relief for cardiologists, the Bombay HC has allowed the use of portable ultrasonic sonography machines (USG) for cardio patients as they do not come under the purview of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) (PCPNDT) Act, 2003.. He further referred to another order wherein the PCPNDT rule was applicable to only to machines in the institutes and genetic clinics that are within the ambit of the Act. A division bench of justices Shantanu Kemkar and Anuja Prabhudessai was hearing a writ petition filed by a Chembur-based cardiologist Dr Dinesh Solanki who was barred by the Brihan-mumbai Municipal Cor-poration (BMC) health officer from using the machine on the grounds that it could be misused for sex determination.
The counsel for the central government, however, argued that the sex ratio was diminishing due to the rampant use Custom Filling and sealing line of the sonography machines for sex determination and hence there was scope for misuse of the portable machine of Dr Solanki. The BMC also forwarded similar arguments and sought four weeks to submit more arguments deterring the use of sonography machines, which the court granted.H. Halai, who represented Dr Solanki, as per a previous HC order the ban on the use of portable ultrasonic sonography machines (USG) was applicable to doctors registered under the PCPNDT Act.However, after hearing all sides, the court granted ad-interim relief to Dr Solanki to use the portable machine and also install the silent observer device on his portable USG.According to advocate K. The court upheld the arguments of a cardiologist that he is not like a radiologist who uses the sonography machine to determine the health of foetuses while in the womb of the mother but to ascertain the condition of the heart of patients who cannot be brought to the clinic or hospital. Lastly, he argued that the machine used by Dr Solanki was not using the Silent Observer device in his portable machine hence the Act was not applicable to him.
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