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STREE: PURUSH RATION SAMTULAN ABHIYAN

Lok Andolan -Gujarat


C/o-prathna sangh, bhadraashram, athwalines, Surat.
Email-lokandolansurat@yahoo.com, lagerahonatubhai@gmail.com
Surat coordinators
Dr.kishorbhai Desai ph-9879124650
Natubhai Patel Ph-09228484459 (Natubhai Lageraho)

Ref- DT- 28 march 2011


To:
Dr.shri.R.K.Kanchhal,
Appropriate authority appointed under PC&PNDT act and chief District health officer, Surat.

Opponent-
1. Anmol prasuti gruh and general hospital and sonography unit, ambica complex,
sitanagar char Rasta, Surat
2.shree aai mata hospital,32,D.V.Park,Near I Mata chowk,Near Karuna Sagar
temple,Parvat patiya,surat regi no-gj-13-0323-aaa-2006
3. Amijay hospital, patel nagar ashwanikumar Surat gj-13-0134-aaa-2002
4. Dr.R.B.Amipara
5. Dr.Jayaben Amipara
6. Staff of above mentioned opponent no 1 to 5
7. Ultra sonography machine manufacturer, seller, agents etc
8.others may found involved during prosecution. And court may prefer.

Subject- Requested to take legal action against Dr.R.B.Amipara and others for violations of
PC&PNDT act.15 day prior notice to the appropriate authority under section 28(1) (b), with
alleged offence for not properly Implemented PC&PNDT act in by opponents and case to
file under sec 25 against you as personally held responsible for it.
Reference- attachment of video CD of sting operation.

Respected sir,
We are non Government organization and we are carrying out movement for having
balance of stree: purush ratio in Gujarat. For it we have collected and analyzed many data
and studied many reference, visited your office and many Genetic Counseling Centers/
Genetic Laboratories/Genetic Clinics and Ultrasound scanning centers in Surat for checking
status of implementation of PC & PNDT ACT in Surat district.
We hereby notify you following points which were found by our effort in implementation of
PC & PNDT ACT by opponent.

1. No month wise data of village/ward of Taluka/city/district found computerized and not


avails for analyses.
2. No scrutiny of F form made month wise. And no detail checking carried out and no
separate expert staff allotted for said act implementation related work. Not get zerox
of registration form of Genetic Counseling Centers/ Genetic Laboratories/Genetic
Clinics and Ultrasound scanning centers. To analyze it.
3. Not get zerox of registration form of ultra sound sonography machines
manufacturer/traders/distributors/marketing etc. registration form with actual month
wise sonography machine sale and copy of bill and affidavits of doctors/hospitals
/sonography centers etc. to analyze it. No data of mobile sonography machine
registered or by used by Genetic Counseling Centers/ Genetic Laboratories/Genetic
Clinics and Ultrasound scanning centers etc.with registered vehicle RTO registration
book copy and users name and registration details.
4. F form zerox copy checked and found many discrepancies in maximum of form we
checked are as mentioned below.
x Patient name and address not written fully with phone nos.there is scope of
mentioning wrong name or wrong address so photo of female must be
attached with form and thumb impression with some government issued
residential or identity zerox copy with form. No referral doctors slip copy given
with F form.
x Age of female patient not mentioned in many forms.
x Ref.by doctor not mentioned with name and address of doctors.
x No LMP/week gestation details written.
x Form’s maximum columns are blanks and not mentioned even not applicable
in not applicable cases.
x No MTP related data and other procedure related, diagnosis related
information written.
x No readable hand writing used in maximum forms.
x Some forms are not as prescribed format and missing many details. In
maximum form last important Note is not printed.
x Many forms are not received in time frame as before 5 of next month and no
th

notice issued to such doctors/hospital/ultra sound sonography centers etc.


x Many doctors have two or more clinic branches and many have their
sonography machine more than one and few are working individually and
have more sonography centers and there is no time fixed or registered at
what time registered doctors/concern radiologist shall use such sonography
machines. And there is a possibility to mis-use of such machine because of
one doctors and many center so strict visits to such center must be carried
out stimantiously to found miss-use of machines .there is no detail mentioned
in registration form of doctor, hospital, ultra sonography center regarding nos
of machine they have and are using even not mentioned mobile units with
vehicles.
x Many doctors, hospitals and ultra sound sonography center and mobile units
have not renewed in time and not issued notice to them for cancellation of
registration.
x There are possibilities like-during doctor on leave/tour/absent such machine
used by other. There is no system of doctors record of absent/tour/leave and
in case of non use said machine no proper intimation given by such
doctors/hospitals/ultra sound sonography centers.
x No separate appropriate authority or body/ committee/ authorized any
responsible officer in Surat Municipal Corporation for PC & PNDT act related
data compilations to legal implementation.
x No exercise made to evaluate and display monthly CSR -child sex ration for 0
to 6 years from birth registered data, from angan wadi data, from primary
education entry level sex ratio data, electrol roll data etc.so different
village/ward/zone etc.so no PC & PNDT act implementation action can be
planned for lowest areas.
x In many trusts or cooperative run hospital no doctor/radiologist fixed or user
affidavit received by appropriate authority and not displayed in F Form.

That illegal pre-natal diagnostic centers are mushrooming all over the surat district
where sex of the fetus is determined and communicated to the concerned people
leading to large-scale abortions of female fetus. These figures are shocking and a
strict implementation of the Act is the immediate need of the day. The law and law
enforcement agencies have to come down heavily on the violators of the Act to bring
about any improvement to the present scenario. For it previously we have given
letter of notice.
Even after above said notice you’re self personally and you’re controlled offices has
not taken proper actions and even follow-up reply to us.

By this letter we hereby inform and notify that opponent mentioned


above are violating PC&PNDT act
1. Three above mentioned hospitals (opponent) are running and
only two have get registered.
2. Under reporting of F form. Not kept record of last two years and
no proper F form filled and deposited with appropriate authority
regularly.
3. Many violations as PC&PNDT act in hospital from board to act
book in local languages and ultra sound machine using which is
not registered and many...
4. Hospital name /address change; renew application to machine
changes etc rules violated by opponent.
5. As attach CD Dr.R.B.Amipara has not filled F form of decoy and
taken money and disclosed sex after sonography and not taken
undertaking of decoy. Further as per recorded voice girl child
feticide suggested.etc…

So we hereby inform, request and notify to take urgent action to visit, inspection raid
and have video recording of your visit and make suo-motu legal action against
opponent as PC&PNDT act and IPC, CR.P.C. Provisions. For sex selection practice
made by Dr.R.B.Amipara. sting operation was carried and presented to media and
you were invited but you were not present and send your representatives at prathna
sangh,surat , in which we have requested your representative about urgent actions
to take against opponent and said your representative has said only after written
application or complain we could proceed.so this letter is given.
Dr.R.B.Amipara has carried out sonography of pregnant lady and declared sex as
girl child and taken Rs 2500 cash. And said proofs are recorded and are authentic
and enough to file criminal offense against said hospital and concern doctors,
associates and staff.

Above stated opponent are in association ship of each other running scandal of sex
selection which leads girl child bhrun hatya and as per PC & PNDT act all are culprit
and all must be arrested by registering criminal crime.

Further to state that as Appropriate Authority you have to carry out suo-motu legal
action and on same date on our complain dated 28th march 2011.
We request to keep present our lok andolan member as witness and have video
recording of all proceeding carried out on our complain.
In following section and rule are applicable in said case
sr section
1 4. Regulation of pre-natal On and from the commencement of this Act,--
diagnostic techniques (3) no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is
satisfied that any of the following conditions are fulfilled, namely:--
(i) age of the pregnant woman is above thirty-five years;
(ii) the pregnant woman has undergone of two or more spontaneous abortions or fetal loss;
(iii) the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection
or chemicals;
(iv) the pregnant woman has a family history of mental retardation or physical deformities such as spasticity or
any other genetic disease;
(v) any other condition as may be specified by the Central Supervisory Board;
2 5. Written consent of (1) No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic procedures unless—
pregnant woman and (a) he has explained all known side and after effects of such procedures to the pregnant
prohibition of woman concerned;
communicating the sex of (b) he has obtained in the prescribed form her written consent to undergo such procedures in
fetus. the language which she understands; and
(c) A copy of her written consent obtained under clause (b) is given to the pregnant woman.
(2) No person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman
concerned or her relatives the sex of the fetus by words, signs or in any other manner.
3 6. Determination of sex On and from the commencement of this Act,--
prohibited (a) no Genetic Counseling Centre or Genetic Laboratory or Genetic Clinic shall conduct or
cause to be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including
ultrasonography, for the purpose of determining the sex of a fetus;
(b) No person shall conduct or cause to be conducted any pre-natal diagnostic techniques
including ultrasonography for the purpose of determining the sex of a fetus.
4 19. Certificate of (1) The Appropriate Authority shall, after holding an inquiry and after satisfying itself that the applicant has
registration complied with all the requirements of this Act and the rules made there under and having regard to the advice
of the Advisory Committee in this behalf, grant a certificate of registration in the prescribed form jointly or
separately to the Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic, as the case may be.
(2) If, after the inquiry and after giving an opportunity of being heard to the applicant and having regard to the
advice of the Advisory Committee, the Appropriate Authority is satisfied that the applicant has not complied
with the requirements of this Act or the rules, it shall, for reasons to be recorded in writing, reject the
application for registration.
(3) Every certificate of registration shall be renewed in such manner and after such period and on payment of
such fees as may be prescribed.
(4) The certificate of registration shall be displayed by the registered Genetic Counseling Centre, Genetic
Laboratory or Genetic Clinic in a conspicuous place at its place of business.
5 23. Offences and penalties (1) Any medical geneticist, gynecologists, registered medical practitioner or any person who owns a Genetic
Counseling Centre, a Genetic Laboratory or a Genetic Clinic or is employed in such a Centre, Laboratory or
Clinic and renders his professional or technical services to or at such a Centre, Laboratory or Clinic, whether
on an honorary basis or otherwise, and who contravenes any of the provisions of this Act or rules made there
under shall be punishable with imprisonment for a term which may extend to three years and with fine which
may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which may extend
to five years and with fine which may extend to fifty thousand rupees.
(2) The name of the registered medical practitioner who has been convicted by the court under sub-section
(1), shall be reported by the Appropriate Authority to the respective State Medical Council for taking necessary
action including the removal of his name from the register of the Council for a period of two years for the first
offence and permanently for the subsequent offence.
(3) Any person who seeks the aid of a Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic or of a
medical geneticist, gynecologist or registered medical practitioner for conducting pre- natal diagnostic
techniques on any pregnant woman (including such woman unless she was compelled to undergo such
diagnostic techniques) for purposes other than those specified in clause (2) of section 4, shall, be punishable
with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand
rupees and on any subsequent conviction with imprisonment which may extend to five years and with fine
which may extend to fifty thousand rupees.
6 28. Cognizance of (1) No court shall take cognizance of an offence under this Act except on a complaint made by--
offences.
(a) the Appropriate Authority concerned, or any officer authorized in this behalf by the Central
Government or State Government, as the case may be, or the Appropriate Authority; or
(b) A person who has given notice of not less than thirty days in the manner prescribed, to the Appropriate
Authority, of the alleged offence and of his intention to make a complaint to the court.
Explanation.--For the purpose of this clause, "person" includes a social organization.

(2) No court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any
offence punishable under this Act.
(3) Where a complaint has been made under clause (b) of subsection (1), the court may, on demand by such
person, direct the Appropriate Authority to make available copies of the relevant records in its possession to
such person.
7 29. Maintenance of (1) All records, charts, forms, reports, consent letters and all other documents required to be maintained under
records. this Act and the rules shall be preserved for a period of two years or for such period as may be prescribed:

Provided that, if any criminal or other proceedings are instituted against any Genetic Counseling Centre,
Genetic Laboratory or Genetic Clinic, the records and all other documents of such Centre, Laboratory or Clinic
shall be preserved till the final disposal of such proceedings.

(2) All such records shall, at all reasonable times, be made available for inspection to the Appropriate
Authority or to any other person authorized by the Appropriate Authority in this behalf.
8 rule 3A New rule 3A:Sale of ultrasound machines/imaging machines In the said rules, after rule 3 a new rule 3A
shall be inserted as follows, namely:- “3A.Sale of ultrasound machines/imaging machines:
(1) No organization including a commercial organization or a person, including manufacturer, importer,
dealer or supplier of ultrasound machines/imaging machines or any other equipment, capable of detecting sex
of fetus, shall sell distribute, supply, rent, allow or authorize the use of any such machine or equipment in any
manner, whether on payment or otherwise, to any Genetic Counseling Centre, Genetic Laboratory, Genetic
Clinic, Ultrasound Clinic, Imaging Centre or any other body or person unless such Centre, Laboratory, Clinic,
body or person is registered under the Act.
(2) The provider of such machine/equipment to any person/body registered under the Act shall send to the
concerned State/UT Appropriate Authority and to the Central Government, once in three months a list of those
to whom the machine/equipment has been provided.
(3) Any organization or person, including manufacturer, importer, dealer or supplier of ultrasound
machines/imaging machines or any other equipment capable of detecting sex of fetus selling, distributing,
supplying or authorizing, in any manner, the use of any such machine or equipment to any Genetic Counseling
Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic, Imaging Centre or any other body or person
registered under the Act shall take an affidavit from the Genetic Counseling Centre, Genetic Laboratory,
Genetic Clinic, Ultrasound Clinic, Imaging Centre or any other body or person purchasing or getting
authorization for using such machine /equipment that the machine/equipment shall not be used for detection of
sex of fetus or selection of sex before or after conception.”
9 rule 9(4) In the said rules, in rule 9, - (a) for sub-rule (1), the following sub-rule shall be substituted, namely “(4) The
record to be maintained by every Genetic Clinic, in respect of each man or woman subjected to any pre-natal
diagnostic procedure/technique/test, shall be as specified in Form F.”;
10 Rule 10(1)(A) 10.Conditions for conducting pre-natal diagnostic procedures.- (1) Before conducting any pre-natal diagnostic
procedure, a written consent, as specified in Form G, in a language the pregnant woman understands, shall
be taken from her: Provided that where a Genetic Clinic has taken a sample of any body tissue or body fluid
and sent it to a Genetic Laboratory for analysis or test, it shall not be necessary for the Genetic Laboratory to
obtain a fresh consent in Form G.
11 Rule 17.Public Information.- (1) Every Genetic Counseling Centre, Genetic Laboratory and Genetic Clinic shall
17(1)& prominently display on its premises a notice in English and in the local language or languages for the
(2) information of the public, to effect that disclosure of the sex of the fetus is prohibited under law. (2) At least
one copy each of the Act and these rules shall be available on the premises of every Genetic Counseling
Centre, Genetic Laboratory and Genetic Clinic, and shall be made available to the clientele on demand for
perusal.
12 Rule 12 “12. Procedure for search and seizure. - (1) The Appropriate Authority or any officer authorized in this behalf
may enter and search at all reasonable times any Genetic Counseling Centre, Genetic Laboratory, Genetic
Clinic, Imaging Centre or Ultrasound Clinic in the presence of two or more independent witnesses for the
purposes of search and examination of any record, register, document, book, pamphlet, advertisement, or any
other material object found therein and seal and seize the same if there is reason to believe that it may furnish
evidence of commission of an offence punishable under the Act. Explanation:- In these Rules – (1) ‘Genetic
Laboratory/Genetic Clinic/ Genetic Counseling Centre’ would include an ultrasound centre/imaging centre/
nursing home/hospital/institute or any other place, by whatever name called, where any of the machines or
equipments capable of selection of sex before or after conception or performing any procedure, technique or
test for pre-natal detection of sex of fetus, is used; (2) ‘material object’ would include records, machines and
equipments; and (3) ‘seize’ and ‘seizure’ would include ‘seal’ and ‘sealing’ respectively.”.

Further we hereby stating that after 15 days from today (28 march 2011)means after
15 day from today from onward 20 April 2011,we shall be free to file case against
you as first party and other accused mentioned as opponent as stated above.
Please also note that if no proper legal action taken by you and opponent case
become poorer and not presented as sound case and if accused get any legal
benefits because of your office mistake then you shall be prosecuted separately as
per service rule.
We request you to seal (not seize and kept at accused location) all involved
sonography machine and take in court custody and sent to forensic laboratory
through court presentation.
Hope to prevail justice for many unborn girls killed before their birth as they are not
here to witness and for human right violations of them.
Thanking you
For lok andolan Gujarat

N.M.Patel (coordinator)(lageraho Natubhai)


Copy sent to-

1. principle judge, district court Surat,


2. collector of surat,
3. district advisory committee surat,
4. central supervisory board,
5. state supervisory board,
6. Health minister Gujarat.
7. surat municipal commissioner,surat