Gujarat High Court Upholds Suspension of Gynaecologist in Sex Determination Sting Case
The Gujarat High Court has firmly dismissed a petition filed by Dr Milankumar Patel, a gynaecologist and obstetrician, who sought relief after being caught in a sting operation for allegedly demanding Rs 25,000 to disclose the sex of a foetus. The court upheld the suspension of his registration under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act and the sealing of three sonography machines at his hospital.
Court Rejects Plea, Cites Legal Compliance
Justice A P Mayee of the Gujarat High Court, in an order made available recently, ruled that the petition was "devoid of merits" and found no illegality or violation of natural justice in the actions taken by the authorities. The court emphasized that the failure to file Form F, a mandatory document for every ultrasound on pregnant women to prevent sex determination, constitutes a non-bailable, cognizable offence under the PCPNDT Act.
Details of the Sting Operation and Legal Proceedings
The case originated from a sting operation conducted on February 18, 2025, in Sabarkantha district's Idar, where Dr Patel runs Laxmi Women's Hospital. Authorities sealed all three sonography machines and seized related records, including Form F and CCTV footage. Following this, Dr Patel was issued a notice to explain why his registration should not be suspended.
- On March 24, 2025, the District Appropriate Authority suspended his registration and rejected his request for restoration.
- Dr Patel appealed to the State Appropriate Authority in Gandhinagar, but this was rejected on July 31, 2025, upholding the suspension.
- A criminal case is pending before the Chief Judicial Magistrate in Idar.
Arguments Presented by Both Sides
Dr Patel's counsel argued that the sting operation had lapses, claiming the allegation of sex determination was not part of the original notice and that there was no evidence of payment or demand. They also contended that the decoy patient was an emergency case and no sonography was conducted, making the allegations unsupported.
In contrast, authorities submitted that the sonography was audio-visually recorded, with statements from the decoy and a witness confirming the demand for Rs 25,000 and instructions to deposit the money at a local medical store. They maintained that non-filing of Form F is a serious violation, not a minor lapse.
Court's Final Ruling and Implications
The high court concluded that the authorities acted in accordance with the law, noting that the petitioner was "trapped in a planned sting operation." The court dismissed the petition, reinforcing the strict enforcement of the PCPNDT Act to combat illegal sex determination practices. This decision underscores the legal consequences for medical professionals who violate regulations aimed at preventing gender-based discrimination.
