Validity of Single-Member Appropriate Authorities for Part of State Under the PCPNDT Act
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Case: NIRAJ KUMARSINH KADAM AND ANOTHER v. THE STATE OF MAHARASHTRA, PUBLIC HEALTH DEPT., THR. SECRETARY, MUMBAI AND ANOTHER
Court: Bombay High Court
Date: 17-07-2026
Law: Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, Code of Criminal Procedure, Indian Penal Code, Protection of Children from Sexual Offences Act.
Highlights of the Judgment:
- An interpretation of Section 17(3)(a) versus Section 17(3)(b) regarding the composition of the "Appropriate Authority".
- Legal validity of appointing a single-member authority for a part of the State versus a multi-member committee.
- Application of the principle of literal construction to statutory provisions where the legislative language is plain.
- Analysis of the "reason to believe" standard required for valid search and seizure operations under Section 30.
- Judicial review of administrative notifications issued under social welfare legislation aimed at preventing female foeticide.
- Evidentiary requirements for maintaining mandatory records, charts, and consent forms under Section 29 and Rule 9.
- Harmonious construction of amended and un-amended clauses within the same statute to maintain operational flexibility.