PETITIONER:
A.I. DEMOCRATIC WOMEN ASSOCIATION & ORS.
Vs.
RESPONDENT:
UNION OF INDIA & ANR.
DATE OF JUDGMENT: 16/03/1998
BENCH:
A.S. ANAND, S. RAJENDRA BABU, A.P. MISRA
ACT
HEADNOTE
JUDGMENT
ORDER
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 initiate 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 initiate
proceedings under the Drugs and
Cosmetics Act, 1945 against all
those engaged in the importation
and/or manufacture, 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 sterilisation."
Counter affidavit on behalf of respondent No.3 has been filed in court today through Ms. Kamini Jaiswal. The same is taken on record.
An affidavit has been filed by Shri Ashwine Kumar working in the office of the Directorate General of Health services as joint Drugs controller ( India).
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 t he 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
Healthy and Family welfare for
approval, Copies whereof are
annexed hereto and marked as
Annexure I and II."
Along with the affidavit, copies of the proposed notifications have also been filed.
In view of the stand taken by the Central Government that it is taking steps to ban the import, manufacture, sale and distribution the drug "Quinacrine" for use as a method of non-surgical sterilization on woman, not further orders are required to be made in this writ petition and we, therefore, consign the writ petition to records as disposed of.