1998 INSC 0257
                                      A. I. Democratic Women Association

                                                           Vs

                                               Union of India & Anr.

                             (Dr. A. S. Anand, S. Rajendra Babu, A. P. Misra JJ)

                                                      16.03.1998

                                                        ORDER

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 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 proceeding 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 26 A of the
                  Drugs and Cosmetics Act, 1945, banning the use of Quinacrine as a method of
                  sterilisation."

2. Counter affidavit on behalf of respondent No. 8 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).

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."

4. Along with the affidavit, copies of the proposed notifications have also been filed.

5. In view of the stand taken by the Central Government that it is taking steps to ban the import,
manufacture, sale and distribution of the drug "Quinacrine" for use as a method of non-surgical
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.