Advertisement flouting law: DOC Acquitted

The sessions court on Monday acquitted a 64-year-old medical professional accused of unethical practice under the Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

The sessions court on Monday acquitted a 64-year-old medical professional accused of unethical practice under the Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The doctor was accused of publishing an advertisement offering facility of pre-natal sex determination at her nursing home, which was in clear violation of the PC & PNDT Act.

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Additional sessions judge Laxmi Rao acquitted Dr Shubhangi Adkar, owner of Shree Maternity and Nursing Home in Dadar, as charges against her could not be proved under the PC & PNDT Act.

In 2009, a magistrate had sentenced Adkar and Dr Chhaya Tated to three years imprisonment for publishing an advertisement that allegedly publicised facility of pre-natal sex determination at their nursing home.

In November 2004, Tated had allegedly placed an advertisement in a magazine, which said, ‘Want a baby boy?” A complaint against them was filed after a BMC health officer visited and inspected the maternity home. However, Adkar in her appeal before the sessions court stated that Tated worked with her on contract and visited her nursing home twice a month for consultation purpose.

“Adkar is not responsible as she was unaware that Tated had placed the advertisement. The nursing home did not even have the necessary machinery to conduct pre-natal sex determination tests,” Raja Thakre, Adkar’s advocate, said. The sessions court acquitted her. Tated’s case is still pending before the sessions court. Tated had defended herself before the magistrate, blaming “miscommunication” between her and the advertising agent. Tated claimed she had said ‘mool’ in Marathi, which meant ‘child’ and not ‘mulga’ (boy) while giving telephonic instructions.