PCPNDT

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1. The Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition Of Sex Selection) Act.
•AnActtoprovidefortheprohibitionofsexselection,afterconception
andforregulationofprenataldiagnostictechniquesforthepurposesof
detectinggeneticabnormalitiesormetabolicdisordersorchromosomal
abnormalitiesorcertaincongenitalmalformationsorsex-linkeddisorders
andforthepreventionoftheirmisuseforsexdeterminationleadingto
femalefeticideandarrestthedecliningsexratioinIndia.
•Themainpurposeofenactingtheactistobantheuseofsexselection
techniquesafterconceptionandpreventthemisuseofprenataldiagnostic
techniqueforsexselectiveabortion
•TheActmandatescompulsoryregistrationofalldiagnosticlaboratories,all
geneticcounsellingcentres,geneticlaboratories,geneticclinicsand
ultrasoundclinic
•ActNo.57of1994EnactedbyParliamentofIndia
assentedon20September1994Datecommenced1stJanuary1996

2. The Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition Of Sex Selection) Act.
Amendment in 2003
•Amendment of the act mainly covered bringing the technique of pre
conception sex selection within the ambit of the act
•Bringing ultrasoundwithin its ambit
•Empowering the central supervisory board, constitution of 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 equipments of the violators
•Regulating the sale of the ultrasound machines only to registered bodies

3. When can PNDT be conducted?
•Techniques can be used or conducted only when any of the
following conditions exist:
•Pregnant woman is above 35 years
•Pregnant woman has undergone 2 or more spontaneous
abortions or fetal loss
•Pregnant woman has been exposed to potentially teratogenic
agents such as drugs, radiation, infection or chemicals
•Pregnant woman or her spouse has a family history of mental
retardation or
•Physical deformities such as spasticity or any other genetic
disease
•Any other condition specified by Central Supervisory Board

4. The Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition Of Sex Selection) Act.
It is mandatory that the person conducting ultrasonographyon a pregnant
woman to keep complete record in the clinic. Any deficiency or inaccuracy
found in the records will amount to contravention section 5 or section 6
Informed written consent
According to Section 5 No person will conduct the pre-natal diagnostic
procedures unless:
(a) explained all known side and after effects of the procedures to the
pregnant woman
(b) obtained her written consent to undergo the procedures in the language
which she understands
(c) copy of her written consent is given to the pregnant woman

5. Provisions under the Act other than record keeping.
•Display of PCPNDT registration certificate 19 (4).
•Display of prohibition of determination of sex board. Rule 17
(1)
•Availability of copy of the Act.
•Maintenance of records for a period of 2 yrs.
Role of State Medical Council
•Suspension of the registration if charges are framed by the court
and till the case is disposed of .
•Removal of his name from the register of the council on conviction
for the period of five years for the first offence
•Permanently for the subsequent offence

6. Penal provisions
•Metropolitan Magistrate or1st class Judicial Magistrate will try any offence
punishable under this law
•Section 22 relates to prohibition of advertisement of sex determination.
Contravention : 3 yrs imprisonment with 10,000 fine.
•Section 23 Contravenes any of the provisions of this Actor rulesmade there
under shall be punishable with imprisonment for a term which may extend to
3 yrs and with fine upto10,000. Subsequent conviction 5 yrs and fine upto
50,000
•Section 25Contravenes any of the provisions of this Act or rules for which no
penalty is provided, shall be punishable with imprisonment upto3 months or
with fine or both.
•According to Section 27 every offence is Cognizable, Non-Bailableand Non-
Compoundable

7. The Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition Of Sex Selection) Act.
•Provided that the person conducting ultrasonographyon a pregnant
woman shall keep complete record thereof in the clinic in such manner, as
may be prescribed, and any deficencyor inaccuracy found therein shall
amount to contravention of the provisions of section 5 or section 6 unless
contrary is proved by the person conducting such ultrasonography. Burden
of proof……upon the doctor
•Register rule 9(1)
•Form F rule 9(4)
•All case related records, forms of consent, sonographyplates or slides,
recommendations & letters shall be preserved. Rule 9 (6)
•If records are maintained on computer or other electronic equipment,
printed copy of the record shall be taken & preserved after authentication
by a person responsible for such record. Rule 9 (7)
•Send complete report by 5
th
day of following month. Rule 9(8)

8. Law relating to Cancellation Or Suspension of Registration
•Section 20 deals with cancellation or suspension of registration.
•Section 20(1) contemplates notice
•Section 20(2) explanation from centre & with regard to the advice of the
advisory committee. If AA is satisfied that there is breach of provisions of the
act or rules may suspend or cancel the registration as he deems fit.
•Section 20(3) If the AA is of the opinion that it is necessary in public interest &
after recording reasons in writing may suspend the license without following
1& 2.
Powers of Appropriate Authorities.-The Appropriate Authority
shall have the powers in respect of the following matters, namely
•summoning of any person who is in possession of any information relating to
violation of the provisions of this Act or the rules made there under;
•production of any document or material object relating to clause (a);
•issuing search warrant for any place suspected to be indulging in sex selection
techniques or pre-natal sex determination; and
•any other matter which may be prescribed

9. The Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition Of Sex Selection) Act.
Suggestions
•For proper implementation of the Act one should not lose focus of the object
of the act.
•Object of the act is prohibition of sex determination leading to female feticide
& not strict compliance of record keeping.
•Inadvertent lapses in record keeping or procedural rules cannot be criminal
offence. In such a scenario all of us would be criminals here.
•Deficiency or Inaccuracy is not an offence but a means to prove the offence.
•Basis of criminal law is that you are innocent unless proven guilty.
•Criminal law believes that it is okay if 100 criminals go scot free but an
innocent should not be punished.