A current decision by Madras high court redirecting to the conclusion that medical council cannot remove the name until and unless the doctor is convicted by criminal court.
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an act of the Parliament of India enacted to stop female foeticides and arrest the declining sex ratio in India. The act banned prenatal sex determination. Another much awaited relief in this act includes “the question of removing doctor’s name from the register of Medical council would arise only in the event of the Doctor being convicted by the criminal court”. This was the observation made by the Madras High Court. Medical Council can only suspend the registration of the doctor till the disposal of the criminal case.
This question would arise only in the event of the doctor being convicted by the Criminal Court. But, in the instant, only charges were framed by the criminal Court against the doctor and trial is pending before the criminal court. Therefore, the medical council can only suspend the registration of the petitioner till the disposal of the criminal case.
Indeed, the doctor got a substantial relief. Nevertheless, the Criminal cases will be decided on its own merits.
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