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    Law of Crimes I (Ipc) : Topic:-Voluntary Health Association of Punjab V. Union of India

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    Amit Raj
    The Supreme Court considered the issue of sex-selective abortion in India. While Parliament had enacted laws to prevent it, including the Preconception and Prenatal Diagnostic Techniques Act of 1994, statistics showed the laws were not effective. Parliament then issued an order in 2013 requiring states to report on enforcement efforts, but those measures also proved unsatisfactory. Recognizing more needed to be done to raise awareness and ensure proper monitoring and enforcement, Parliament amended the relevant laws to strengthen state implementation and keep institutions up to date on developments in this area of law.

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    Law of Crimes I (Ipc) : Topic:-Voluntary Health Association of Punjab V. Union of India

    Uploaded by

    Amit Raj
    16 views7 pages
    The Supreme Court considered the issue of sex-selective abortion in India. While Parliament had enacted laws to prevent it, including the Preconception and Prenatal Diagnostic Techniques Act of 1994, statistics showed the laws were not effective. Parliament then issued an order in 2013 requiring states to report on enforcement efforts, but those measures also proved unsatisfactory. Recognizing more needed to be done to raise awareness and ensure proper monitoring and enforcement, Parliament amended the relevant laws to strengthen state implementation and keep institutions up to date on developments in this area of law.

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    The Supreme Court considered the issue of sex-selective abortion in India. While Parliament had enacted laws to prevent it, including the Preconception and Prenatal Diagnostic Techniques Act of 1994, statistics showed the laws were not effective. Parliament then issued an order in 2013 requiring states to report on enforcement efforts, but those measures also proved unsatisfactory. Recognizing more needed to be done to raise awareness and ensure proper monitoring and enforcement, Parliament amended the relevant laws to strengthen state implementation and keep institutions up to date on developments in this area of law.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    16 views7 pages

    Law of Crimes I (Ipc) : Topic:-Voluntary Health Association of Punjab V. Union of India

    Uploaded by

    Amit Raj
    The Supreme Court considered the issue of sex-selective abortion in India. While Parliament had enacted laws to prevent it, including the Preconception and Prenatal Diagnostic Techniques Act of 1994, statistics showed the laws were not effective. Parliament then issued an order in 2013 requiring states to report on enforcement efforts, but those measures also proved unsatisfactory. Recognizing more needed to be done to raise awareness and ensure proper monitoring and enforcement, Parliament amended the relevant laws to strengthen state implementation and keep institutions up to date on developments in this area of law.

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    You are on page 1of 7

    LAW OF CRIMES I (IPC)

    TOPIC:- VOLUNTARY HEALTH ASSOCIATION OF PUNJAB

    V.

    UNION OF INDIA

    SUBMITTED BY:-

    RAM CHETTRI

    BCOM LLB SEM -IV

    ROLL NO. -17

    GUIDED BY:-

    ASST. PROF OF LAW

    Indian Institute of Legal Studies


    Dagapur, Matigara Siliguri, Darjeeling, West Bengal 734010
    IN THE HON’BLE SUPREME COURT OF INDIA

    UNDER ARTICLE 32 OF CONSTITUTION OF INDIA

    VOLUNTARY HEALTH ASSOCIATION OF PUNJAB

    V.

    UNION OF INDIA

    MEMORIAL SUBMITTED ON BEHALF OF THE PETITIONERS

    COUNSEL APPEARING ON BEHALF OF

    MAGANBHAI ISHWARBHAI PATEL


    TABLE OF CONTENTS

    INDEX OF AUTHORITIES

     LEGISLATION
     CASES REFERRED
     BOOKS REFERRED
     LAW LEXICON AND DICTIONARIES
     LEGAL DATABASES

    LIST OF ABBREVIATIONS

    STATEMENT OF JURISDICTION

    STATEMENT OF FACTS

    ISSUES RAISED

    PLEADINGS

    PRAYER
    INDEX OF AUTHORITIES

    LEGISLATION

    1. The Constitution of India, 1950.

    CASES REFERRED

    BOOKS REFERRED

    Constitutional Law, Pandey, J.N., 8TH Edition, 2014

    LAW LEXICON AND DICTIONARIES

    1. B.A. Garner., Black’s Law Dictionary,6th edition

    LEGAL DATABASES

    1. www.indiancaselaws.org
    2. www.indlaw.com
    3. www.indiankanoon.org
    4. www.lexisnexis.com
    . LIST OF ABBREVIATIONS

    & And

    CPC The Code Of Civil Procedure

    Hon’ble Honourable

    ICA Indian Contract Act

    @ at

    Rs. Rupees

    Sec. Section

    LJ Lord Justice

    AC Appeal Cases

    AIR All India Reporter

    Co. Company

    SCR Supreme Court Report

    U.O.I Union of India


    STATEMENT OF JURISDICTION

    The Hon’ble Supreme Court of India has the jurisdiction to hear the instant matter filed as a writ
    petition under Article 32 of The Constitution of India.

    Article 32 in The Constitution Of India 1949 states:

    Remedies for enforcement of rights conferred by this Part

    (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the
    rights conferred by this Part is guaranteed

    (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in
    the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever
    may be appropriate, for the enforcement of any of the rights conferred by this Part

    (3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ),
    Parliament may by law empower any other court to exercise within the local limits of its
    jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )

    (4) The right guaranteed by this article shall not be suspended except as otherwise provided for
    by this Constitution
    STATEMENT OF FACTS

    The order is about the problem of sex-selective abortion in India. The Court assed the present
    situation and the various barriers that must be taken into account when States take steps to
    address this problem by raising awareness of the legal status of the issue.

    The Parliament has taken steps to prevent sex selective abortion by enacting a series of
    legislative measures, with the primary one being the Preconception and Prenatal Diagnostic
    Techniques (Prohibition on Sex selection) Act, 1994. While these legislative steps had been
    taken, statistics demonstrated a lack of effectiveness of prevention of sex selective abortion and
    that often time society at large did not perceive the gravity of the crime.

    In response to the lack of success stemming from the legislation, Parliament issued Order
    8.1.2013 which required states to self-report on steps being taken to enforce the legislation.
    However, statistics revealed that again these measures were functionally unsatisfactory. It was
    recorded that there was no proper monitoring of institutions where girls were vulnerable to
    abortion and records showed that enforcement of the legislation was a slow and drawn out
    process.

    In reaction to this, amendments were made to the legislation. In realization of the fact that
    institutions were often unaware of the law, Parliament issued amendments directing efforts to
    ensure states implement the Act effectively and that they keep up to date with new developments
    in the law.

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