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PC-PNDT Act, 1994 (1st)

The PCPNDT Act aims to ban sex selection and the misuse of prenatal diagnostic techniques for sex-selective abortions. It regulates the use of technologies like ultrasound and amniocentesis to only detect genetic abnormalities and not reveal the sex of the fetus. Violations of the Act include conducting tests to determine sex, advertising sex determination services, and failing to maintain proper records. The Act mandates registration of diagnostic labs, clinics, and counselling centers and prohibits communicating the sex of the fetus to patients. It was amended in 2003 to include preconception sex selection and empower authorities to better enforce the Act.

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Siddharth Gurjar
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29 views25 pages

PC-PNDT Act, 1994 (1st)

The PCPNDT Act aims to ban sex selection and the misuse of prenatal diagnostic techniques for sex-selective abortions. It regulates the use of technologies like ultrasound and amniocentesis to only detect genetic abnormalities and not reveal the sex of the fetus. Violations of the Act include conducting tests to determine sex, advertising sex determination services, and failing to maintain proper records. The Act mandates registration of diagnostic labs, clinics, and counselling centers and prohibits communicating the sex of the fetus to patients. It was amended in 2003 to include preconception sex selection and empower authorities to better enforce the Act.

Uploaded by

Siddharth Gurjar
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UNIT-2 – PC-PNDT ACT, 1994

Srishti Balam
Assistant Professor,
DME, Noida-62
Background
• In India, the male to female ratio is always a debatable topic.
• This is a result of the limitations Indian society places on the birth of girls.
• In the country of India, female foeticide is the earliest stage possible in the discrimination of
women and girls.
• This process began in early 1990 when ultrasound techniques gained widespread use in India.
• There was a tendency for families to continuously produce children until a male child was
born.
• Foetal sex determination and sex-selective abortion by medical professionals has today grown
into a Rs. 1,000 crore industry (US$ 244 million).
• Social discrimination against women and a preference for sons have promoted female
foeticide in various forms skewing the sex ratio of the country towards men.
• The ratio is significantly higher in certain states such as Punjab and Haryana.
• 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.
• Every genetic counselling centre, genetic laboratory or genetic clinic engaged in counselling
or conducting pre-natal diagnostics techniques, like in vitro fertilisation (IVF) with the
potential of sex selection (Preimplantation genetic diagnosis) before and after conception
comes under the preview of the PCPNDT Act and are banned.
• PCPNDT Act: Features and Amendments
Objective:
• The main purpose of enacting the act is to ban the use of sex
selection techniques after conception and prevent the misuse
of a prenatal diagnostic technique for sex-selective abortions.
Offences under this act include:
• conducting or helping in the conduct of prenatal diagnostic
technique in the unregistered units,
• sex selection on a man or woman,
• conducting a PND test for any purpose other than the one
mentioned in the act,
• sale, distribution, supply, renting etc. of any ultrasound
machine or any other equipment capable of detecting sex of
the foetus.
Main provisions in the act are:
•The Act provides for the prohibition of sex selection,
before or after conception.
•It regulates the use of pre-natal diagnostic techniques,
like ultrasound and amniocentesis by allowing them
their use only to detect :
– genetic abnormalities
– metabolic disorders
– chromosomal abnormalities
– certain congenital malformations
– haemoglobinopathies
– sex-linked disorders.
• No laboratory or centre or clinic will conduct any test including
ultrasonography for the purpose of determining the sex of the
foetus.
• No person, including the one who is conducting the procedure as
per the law, will communicate the sex of the foetus to the pregnant
woman or her relatives by words, signs or any other method.
• Any person who– (22)
– puts an advertisement for pre-natal and pre-conception sex. determination
facilities in the form of a notice, circular, label, wrapper or any document,
or
– advertises through the interior or other media in electronic or print form
– or engages in any visible representation made by means of hoarding, wall
painting, signal, light, sound, smoke or gas, can be imprisoned for up to
three years and fined Rs. 10,000.
• Compulsory registration: The Act mandates compulsory registration of all
diagnostic laboratories, all genetic counselling centres, genetic laboratories,
genetic clinics and ultrasound clinics.
The few basic requirements of the Act are:
•Registration under Section (18) of the PC-PNDT
Act.
•Written consent of the pregnant woman and the
prohibition of communicating the sex of fetus under
Section 5 of the Act.
•Maintenance of records as provided under Section
29 of the Act.
•Creating awareness among the public at large by
placing the board of prohibition on sex determination.
• Amendment to the PCPNDT Act in 2003
• Pre-Natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994 (PNDT), was amended in 2003 to The Pre-
Conception and Pre-Natal Diagnostic Techniques
(Prohibition Of Sex Selection) Act (PCPNDT Act) to improve
the regulation of the technology used in sex selection.

Implications of the amendment are:


• Amendment of the act mainly covered bringing the technique of
preconception sex selection within the ambit of the act.
• Bringing ultrasound within its ambit.
• Empowering the central supervisory board, the constitution of
the state-level supervisory board.
• Provision for more stringent punishments.
• Empowering appropriate authorities with the power
of civil court for search, seizure and sealing the
machines and equipment of the violators.
• Regulating the sale of the ultrasound machines only
to registered bodies.
• 17. Appropriate Authority and Advisory Committee.-

1. The Central Government shall appoint, by notification in the


Official Gazette, one or more Appropriate Authorities for each
of the Union territories for the purposes of this Act. (imp.)

2. The State Government shall appoint, by notification in the


Official Gazette, one or more Appropriate Authorities for the
whole or part of the State for the purposes of this Act having
regard to the intensity of the problem of pre-natal sex
determination leading to female foeticide.
• 4. The Appropriate Authority shall have the following functions, namely-
(imp.)
• (a) to grant, suspend or cancel registration of a Genetic Counselling
Centre, Genetic Laboratory or Genetic Clinic;
• (b) to enforce standards prescribed for the Genetic Counselling Centre,
Genetic Laboratory and Genetic Clinic;
• (c) to investigate complaints of breach of the provisions of this Act or the
rules made thereunder and take immediate action;
• (d) to seek and consider the advice of the Advisory Committee, constituted
under sub-section (5), on application for registration and on complaints for
suspension or cancellation of registration;
• (e) to take appropriate legal action against the use of any sex selection
technique by any person at any place, suo motu or brought to its notice and
also to initiate independent investigations in such matter;
• (f) to create public awareness against the practice of sex selection or pre-
natal determination of sex;
• (g) to supervise the implementation of the provisions of the Act and rules;
• (h) to recommend to the CSB and State Boards modifications required in
the rules in accordance with changes in technology or social conditions;
• (i) to take action on the recommendations of the Advisory
Committee made after investigation of complaint for
suspension or cancellation of registration.

5. The Central Government or the State Government, as the case


may be, shall constitute an Advisory Committee for each
Appropriate Authority to aid and advise the Appropriate
Authority in the discharge of its functions, and shall appoint
one of the members of the Advisory Committee to be its
Chairman.
 Genetic laboratory- a lab and includes a place- where facilities are
provided for conducting analysis or tests of samples recd. From gen. clinic
for PNDT.

 Qualified persons-

• Gynaecologist- post- graduate qualification in obstretics and gynae.


• - for genetic counselling centre-
o 6 months experience in genetic
o 4 weeks training
o -For genetic clinic-
o gynae should have performed at least 20 procedures- biopsy, fetal blood
sampling, chorionic villi (tiny projections…..)
o Others- Pediatrician, RMP, Radiologist, sonologist, imaging specialist.
• Registration- Genetic counselling centre, Lab, clinic. – can’t
function until registered.
• - have to display registeration certificate prominently
(English/hindi/ vernacular language) all 3 centres. – sex-
determination is prohibited.
• - person employed - must have prescribed qualification.

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