A.I. Democratic Women Association & Ors. Vs. Union of India & Anr.
EmailAppeal: Writ Petition (C) No. 500 of 1997
( Under Article 32 of the Constitution of India )
( Under Article 32 of the Constitution of India )
Petitioner: A.I. Democratic Women Association & Ors.
Respondent: Union of India & Anr.
Apeal: Writ Petition (C) No. 500 of 1997
( Under Article 32 of the Constitution of India )
( Under Article 32 of the Constitution of India )
Judges: Dr. A.S. ANAND , S. RAJENDRA BABU & A.P. MISRA , JJ.
Date of Judgment: Mar 16, 1998
Appearances:
Ms. Kirti Singh , Ms. Meenakshi Arora , Advocates for the Petition-ers .
Mr. Harish Chander , Ms. Sushma Manchanda , Mrs. Anil Katiyar , Ms. Kamini Jaiswal , Advocates for the Respondents .
Head Note:
CONSTITUTION
Article 32 – Writ Petition for banning the use of drug ” Quina-crine ” as a method of female sterilisation – Stand taken by Union of India in counter-affidavit , that steps are being taken to ban the import , manufacture , sale and distribution of drug , as method of sterilisation of women , by issuing notifications under Drugs and Cosmetic’s Act , 1945 – Ordered that in view of the stand , no further orders are required and writ petition been consigned as disposed of . ( Para 6 )
JUDGEMENT:
1 . In this writ petition challenge is made to the use of the drug ‘ Quinacrine ‘ as a method of female sterilisation . Following prayer is made :
” a ) To issue a writ of Mandamus or any other appropriate writ , order or direction directing respondent nos. 1 and 2 to ini-tiate immediate steps to ban the use of Quinacrine in the form of pellets or otherwise as a method of sterilisation .
b ) To issue a writ of Mandamus or any other appropriate writ , order or direction directing respondent nos. 1 and 2 to ini-tiate proceedings under the Drugs and Cosmetics Act , 1945 against all those engaged in the importation and/or manufac-ture , transmission , sale and use of Quinacrine in the form of pellets or otherwise as a method of sterilisation .
c ) To issue a writ of Mandamus or any other appropriate writ , order or direction directing respondent nos. 1 and 2 to issue a notification under Section 26A of the Drugs and Cosmetics Act , 1945 , banning the use of Quinacrine as a method of sterilisa-tion . “
2 . Counter affidavit on behalf of respondent No. 3 has been filed in court today through Ms. Kamini Jaiswal . The same is taken on record .
3 . An affidavit has been filed by Shri Ashwini Kumar working in the office of the Directorate General of Health Services as Joint Drugs Controller ( India ) .
4 . Paragraph 3 of the affidavit reads thus :
” I say that the respondent is taking necessary steps to invoke the provisions of Sections 10-A and 26-A of the Drugs and Cosmetics Act , 1945 , to prohibit/ban the import , manufacture , sale and distribution of Quinacrine in pellet form and for the use as a contraceptive . Draft Notifications have been prepared and have been submitted to the competent authority in the Ministry of Health and Family Welfare for approval , copies whereof are annexed hereto and marked as Annexure I and II . “
5 . Along with the affidavit , copies of the proposed notifica-tions have also been filed .
6 . In view of the stand taken by the Central Government that it is taking steps to ban the import , manufacture , sale and distri-bution of the drug ” Quinacrine ” for use as a method of non-surgi-cal sterilisation on woman , no further orders are required to be made in this writ petition and we , therefore , consign the writ petition to records as disposed of .
” a ) To issue a writ of Mandamus or any other appropriate writ , order or direction directing respondent nos. 1 and 2 to ini-tiate immediate steps to ban the use of Quinacrine in the form of pellets or otherwise as a method of sterilisation .
b ) To issue a writ of Mandamus or any other appropriate writ , order or direction directing respondent nos. 1 and 2 to ini-tiate proceedings under the Drugs and Cosmetics Act , 1945 against all those engaged in the importation and/or manufac-ture , transmission , sale and use of Quinacrine in the form of pellets or otherwise as a method of sterilisation .
c ) To issue a writ of Mandamus or any other appropriate writ , order or direction directing respondent nos. 1 and 2 to issue a notification under Section 26A of the Drugs and Cosmetics Act , 1945 , banning the use of Quinacrine as a method of sterilisa-tion . “
2 . Counter affidavit on behalf of respondent No. 3 has been filed in court today through Ms. Kamini Jaiswal . The same is taken on record .
3 . An affidavit has been filed by Shri Ashwini Kumar working in the office of the Directorate General of Health Services as Joint Drugs Controller ( India ) .
4 . Paragraph 3 of the affidavit reads thus :
” I say that the respondent is taking necessary steps to invoke the provisions of Sections 10-A and 26-A of the Drugs and Cosmetics Act , 1945 , to prohibit/ban the import , manufacture , sale and distribution of Quinacrine in pellet form and for the use as a contraceptive . Draft Notifications have been prepared and have been submitted to the competent authority in the Ministry of Health and Family Welfare for approval , copies whereof are annexed hereto and marked as Annexure I and II . “
5 . Along with the affidavit , copies of the proposed notifica-tions have also been filed .
6 . In view of the stand taken by the Central Government that it is taking steps to ban the import , manufacture , sale and distri-bution of the drug ” Quinacrine ” for use as a method of non-surgi-cal sterilisation on woman , no further orders are required to be made in this writ petition and we , therefore , consign the writ petition to records as disposed of .
