Fate of 215 sealed clinics uncertain
No challan yet against 2 centres for performing SDT, abortions
SYED ALI SAFVI/ARVIND SHARMA
Meanwhile, the challan is yet to be presented in the court in case of those two clinics of Jammu province against which criminal cases were filed for conducting Sex Determination Tests (SDT) and abortion thereof.
Under drive for PNDT Act implementation, intensified after the projection of an alarming decline in sex ratio across J&K in Census 2011 report, a total of 215 ultra-sound clinics have been sealed in the state.
In Kashmir, 200 ultra-sound clinics/centres have been sealed while in Jammu province 15 clinics/ centres have been sealed for violation of PNDT Act provisions other than conducting sex-determination tests and abortion.
According to Director Health Services Jammu Dr Madhu Khullar, during the period between April 1 to September 30, the health department functionaries inspected 61 ultra-sound clinics/centres in Jammu province while in Jammu district only 17 clinics/centres were inspected.
Out of 61 centres/clinics inspected, 25 were closed for violation of rules under PNDT Act. Out of 25, 15 are still closed whereas nine were allowed to operate after they fulfilled formalities. One centre in Billawar was allowed to function following a court direction. In the entire Jammu province, a total of 80 ultra-sound clinics/centres have been registered under PNDT Act.
Besides these 15 sealed centres, two centres were closed for conducting sex determination tests and abortions under PNDT Act this year in Akhnoor (June 12, 2011) and R S Pura (September 13, 2011) in Jammu province.
“Regarding the status of R S Pura centre (Mata Santo Devi ultrasound clinic), it is still closed. Case stands registered against the doctor and the parents in this case and the investigation is still on. As far as Akhnoor clinic, which was an OPD clinic, is concerned, the doctor has been allowed to function by the department subject to the outcome of police investigation,” stated the health department authorities.
As per the police version, in case of Akhnor centre, the case is ready for challan as the status report of clinic/centre as whether it was registered or not is awaited from the Director Health. “In this case the arrested government doctor was later bailed out. Clinic is sealed,” the police added.
Similarly in case of R S Pura clinic/centre also, the case is ready for challan. “It is pending due to certain technicalities because we wanted to make the case fool proof before presenting the challan in this case where there are five accused who later got bail from Munsif R S Pura. The clinic was sealed and their licence was cancelled,” the police informed about the status quo.
In case of R S Pura, for the first time in the state, a ‘lady’ doctor was among three persons arrested under the PNDT Act. A Punjab based couple, which got foetus aborted after the sex determination, was also been arrested in a raid in a house in Ward No.9 on September 8, 2011. Two employees of the Health Department namely Santosh Kumari, a nurse posted in a health institution at Dablehar and her husband Ashok Kumar, a Junior Health Inspector, were arrested for illegally conducting abortion at their residence.
From their residence, suction machines and other medical equipments were also recovered and accordingly both were booked under Section 312 and 316 RPC and 3/8 Nursing Homes and Clinical Establishment Act.
Director Health Services, Dr Madhu Khullar, after going through the FIR lodged at R S Pura Police in this regard, placed both the officials under suspension.
During the course of police investigation, Mamta, a resident of Gurdaspur (Punjab), who got foetus aborted and her husband Ajay Kumar were questioned and they revealed that sex was determined at Mata Santo Devi Memorial Ultrasound Center in R S Pura town.
Though the ultrasound clinic was found registered under PNDT Act, 2002 yet the violation of J&K Preconception and Prenatal Sex Selection/ Determination (Prohibition and Regulation) Act, 2002 was detected. Accordingly, the ultrasound center was sealed and the registration was cancelled.
Dr Monika, wife of Dr Gagan Bhagat, who had conducted the sex determination was immediately arrested. She could not produce any document of her qualification as doctor.
‘Doctor’ Monika and two employees of the Health Department were booked under PNDT Act, Section 312, 309, 316 RPC.
In case of Akhnoor centre, police and health department had raided and sealed Dogra Nursing Clinic at Daskal Morh, Akhnoor and also arrested the owner, Doctor Krishan Lal on June 12, 2011.The police had sealed the clinic and arrested the doctor.
During raid, some medicines meant for government Hospital only were also recovered. The arrested doctor Krishan Lal was posted at Migrant Camp Mishriwala.
As far as other clinics/centres, which were sealed for violation of other PNDT provisions, are concerned, some were sealed on the ground that they did not have stipulated space of 500 square meters “as given in PNDT Act.”
Though there is no mention of the claimed 500 square meters space in the PNDT Act.
“USG clinics should have adequate space to accommodate USG scanner, printer, CVT, table and couch for patient. The room should be large enough to allow trolley to be wheeled in the patient to be transferred to the couch,” reads the Act (Page no 28 (3) Para 1).
Some clinics were sealed as the clinic owners could not produce relevant document for averting their seizure. Many clinics had to face sealing because they were not duly registered under PNDT Act.
Many owners of ultrasound clinics which have been facing government action complained that they had applied for registration for long, but the files remained gathering dust with the advisory committees for the past many years as the same were non-functional.
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