Validity of Single-Member Appropriate Authorities for Part of State Under the PCPNDT Act

Case
NIRAJ KUMARSINH KADAM AND ANOTHER v. THE STATE OF MAHARASHTRA, PUBLIC HEALTH DEPT., THR. SECRETARY, MUMBAI AND ANOTHER (Bombay High Court, 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, Administrative Law.

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.