The Karnataka High Court on Friday (January 30) refused to grant interim relief to a husband who sought a stay on a 2024 State Government circular prohibiting the entry of attendants, including spouses, inside ultrasound scan rooms.
The plea was filed by a married couple, seeking permission for the husband to accompany his pregnant wife during the ultrasound procedure.
Court’s Observation
Justice B.M. Shyam Prasad declined to stay the circular at the interim stage, but reserved liberty for the petitioners to pursue the cause further.
The petition challenged a Circular dated 18 March 2024, issued by the Department of Health and Family Welfare Services, Government of Karnataka, which completely restricts the entry of attendants—including spouses—into ultrasound scan rooms of centres registered under the PCPNDT Act, aimed at curbing illegal sex determination.
Petitioners’ Arguments
The husband (Petitioner No. 2), an advocate and father-to-be, argued that:
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The circular violates his wife’s reproductive rights under Article 21.
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The State Government lacked jurisdiction to issue such a circular.
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Neither he nor his wife intended to know the sex of the unborn child, and hence Form-G under PCPNDT Rules was not required.
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He should be allowed to accompany his wife with reasonable safeguards.
Why Interim Relief Was Refused
While the Court said it was persuaded to accept the petitioners’ statement, it emphasized that:
At the interim stage, the Court cannot carve out exceptions, as it would require assessing whether a pregnant woman could be subjected to duress—directly or indirectly—due to the sex of the unborn child.
The Court held that without comprehensive consideration and hearing the State on its jurisdiction, no interim exception could be granted.
Outcome
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Interim stay of the circular was refused
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Liberty reserved to pursue the cause
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Matter listed for further hearing on February 24
Relief Sought
The petition seeks:
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Declaration that the circular is unconstitutional, arbitrary, ultra-vires
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Violation of Articles 14 and 21 of the Constitution
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Direction permitting the husband to accompany his wife during ultrasound examinations subject to lawful safeguards
