THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) ACT, 1994

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Presented by: Parneet kaur

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What was the need for such an Act?

The Supreme Court, taking a serious view of the onslaught of sex-selective discriminatory practices by the medical fraternity, and the connection it may have with the use of prenatal sex determination, directed the Centre to implement the PC & PNDT Act in all its aspects. The order came following a public interest petition filed by the centre for the Enquiry of Health and Allied Themes (CEHAT), the Mahila Sarvangeen Utkarsh Mandal (MASUM) and Dr. Sabu George, who had done extensive research in this area.
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Supreme court judgement

In Indian Society discrimination against girl child still prevails, may be because of prevailing uncontrolled dowry system, insufficient education and/or tradition of women being confined to household activities. Sex selection/sex determination further adds to this adversity. Still we are not in a position to change mental set-up which favors a male child against a female. Advance technology is increasingly used for removal of foetus but it certainly affects the sex ratio. There is misuse of modern science and technology by preventing the birth of girl child by sex determination before birth and thereafter abortion.

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THE PNDT ACT

An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of prenatal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and, for matters connected therewith or incidental thereto. The act starts with definitions ( sec-2) ; Conceptus means any product of conception at any stage of development from fertilization until birth including extra embryonic membranes as well as the embryo or foetus; Embryo means a developing human organism after fertilization till the end of eight weeks (fifty-six days); Foetus means a human organism during the period of its development beginning on the fifty-seventh day following fertilization or creation (excluding any time in which its 4/23/12 development has been suspended) and ending at the birth;

Genetic Counseling Centre means an institute, hospital, nursing home or any place, by whatever name called, which provides for genetic counseling to patients.

Pre-natal Diagnostic Test means ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue or fluid of a pregnant woman or conceptus conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobinopathies or sex-linked diseases. Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic, medical Sex Selection includes any procedure, technique, geneticist, gynecologist, pediatrician ,which test or administration or prescription or provision of are the purpose of ensuring shall conduct anything forregistered under this Act,or increasing the activities relating to prenatal diagnostic probability that an embryo will be of a particular sex. techniques

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Prohibition of sexselection No person, including a specialist or a team of specialists in the field of infertility, shall conduct or aid in conducting by himself or by any other person, sex selection on a woman or a man or on both or on any tissue, embryo, conceptus, fluid or gametes derived from either or both of them. (sec-3A)

Prohibition on sale of ultrasound machines, etc., to persons, laboratories, clinics, etc. not registered under the Act (sec- 3B) No person shall sell any ultrasound 4/23/12

Sec- 4 gives Regulation of pre-natal diagnostic techniques that no pre-natal diagnostic techniques shall be conducted in any Genetic Counseling Centre or Genetic Laboratory or Genetic Clinic except for the purposes of detection of any of the following abnormalities, namely:

chromosomal abnormalities; genetic metabolic diseases; haemoglobinopathies; sex-linked genetic diseases; congenital anomalies; any other abnormalities or diseases as specified by the Central Supervisory Board;

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Further sec-4 gives conditions that Pre-natal diagnostic techniques shall be used or conducted only if the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely: age of the pregnant woman is above thirty-five years; the pregnant woman has undergone of two or more spontaneous abortions or foetal loss; the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals; the 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 as may be specified by the Central Supervisory Board; 4/23/12

Also no person including a relative or husband of the pregnant woman shall seek or encourage the conduct of any pre-natal diagnostic techniques on her or of any sex-selection technique on her or him or both.

Written consent of pregnant woman ( sec- 5) Before conducting the pre-natal diagnostic procedures the person should explain all known side and after effects of such procedures to the pregnant woman concerned.

It is mandatory that he should obtain in the prescribed form her written consent to undergo such procedures in the language which she understands

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Prohibition of communicating the sex of foetus No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs or in any other manner.

District Appropriate Authority-cum-Civil Surgeon, Faridabad VERSUS Dr. Anil Sabhani and others The present case was initially field a complaint by the District Appropriate Authority-cum-civil Surgeon Faridabad against accused for conducting PNDT in violation of Section 4of the act and also failing to maintain proper records of the ultrasound centre and 4/23/12 contravening the provisions of section 29.

In the present case, the convicts orally conveyed the sex of foetus to the patients, but due to the check of such illegal acts the persons like the convicts have worked out their own sex determination code. It was reported in the news paper recently as follows:If the doctor tells to come and get the report on Monday, its a boy. Friday means a girl. The neighbor's doctor adopted a slightly different modus operandi signature in red ink to indicate a girls and blue for a boy. no words are exchanged. Its an unspoken thing and one doesnt even have to ask. she says. If the doctor doesnt oblige, some tout does.

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Anr.

Vinod Soni and

Vs. Union of India In another case, the constitutional validity of the PNDT act was challenged in 2005, that it violates Article 21 of the Constitution of India. Article 21 reads thus: "Protection of life and personal liberty - No person shall be deprived of his life or personal liberty except according to procedure established by law. This provision of Article 21 has been gradually expanded to cover several facets of life pertaining to life itself and personal liberties which an individual 4/23/12 has, as a matter of his fundamental right. Article 21,

The challenge put in nutshell is that the personal liberty of a citizen of India includes the liberty of choosing the sex of the offspring. Therefore he, or she is entitled to undertake any such medicinal procedure which provides for determination or selection of sex, which may come into existence after conception. The submission is that the right to personal liberty extends to such selection being made in order to determine the nature of family which an individual can have in exercise of liberty guaranteed by Article 21. It in turn includes nature of sex of that family which he or she may eventually decided to have and/or developed. But The judgment, the Bombay High Court quoted: be in its right to life or personal liberty cannot expanded to mean that the right of personal liberty includes the personal liberty to determine the sex of a child
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The conception is a physical phenomena. It need not take place on copulation of every capable male and female. Even if both are competent and healthy to give birth to a child, conception need not necessarily follow. Claiming right to choose the sex of a child which is come into existence as a right to do or not to do something which cannot be called a right. The right to personal liberty cannot expand by any stretch of imagination, to liberty to prohibit coming into existence of a female foetus or male foetus which shall be for the Nature to decide. To claim a right to determine the existence of such foetus or possibility of such foetus come into existence, is a claim of right which may never exist. Right to bring into existence a life in future with a choice to determine the sex of that life cannot in itself to be a right. In our opinion, therefore, the petition does not make even a prima facie case for violation of Article 21 of the Constitution of India. Hence it is dismissed. 4/23/12

The enactment namely Sex Selection Act is factually enacted to further this right under article 21, which gives to every child right to full development. A child conceived is therefore entitled to under Article 21, as held by Supreme Court, to full development whatever be the sex of that child. The determination whether at preconception stage or otherwise is the denial of a child, the right to expantion, or if it can be so expanded right to come into existence. Apart From that the present legislation is confined only to prohibit selection of sex of the child before or after conception. The tests which are available as of today and which can incidentally result in determination of the sex of the child are prohibited.
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CENTRAL SUPERVISORY BOARD (sec-7)

The Central Government shall constitute the Central Supervisory Board to exercise the powers and perform the functions conferred on the Board under this Act. The Board shall consist of (a) Chairman, the Minister in charge of the Ministry or Department of Family Welfare, (b) Vice-Chairman ,the Secretary to the Government of India in charge of the Department of Family Welfare, (c) three members to be appointed by the Central Government to represent the Ministries of Central Government in charge of 4/23/12

(d) Director General of Health Services of the Central Government, (e) ten members to be appointed by the Central Government, two each from amongst (i) eminent medical geneticists; (ii) eminent gynaecologist and obstetrician; (iii) eminent paediatricians; (iv) eminent social scientists; and (v) representatives of women welfare organizations; (f) three women Members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States; (g) four members to be appointed by the Central Government by rotation to represent the States and the Union territories; (h) Member-Secretary, an officer not below the rank of a Joint Secretary or equivalent of the Central Government, 4/23/12 in charge of Family Welfare.

Functions of the
The Board shall have the following functions, namely: (sec-16)
v

Board

to advise the Central Government on policy matters relating to use of pre-natal diagnostic techniques, sex selection techniques and against their misuse; to review and monitor implementation of the Act and rules made thereunder and recommend to the Central Government changes in the said Act and rules; to create public awareness against the practice of preconception sex selection and prenatal determination of sex of foetus leading to female foeticide; to lay down code of conduct to be observed by persons working at Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics; to oversee the performance of various bodies constituted under the Act and take appropriate steps to ensure its proper and effective implementation; 4/23/12

Under sec- 16A, Each State and Union territory having Legislature shall constitute a State Supervisory Board or the Union territory Supervisory Board, as the case may be, which shall have the constitution similar to the Central Supervisory Board, on the state level ministry. The functions are also same as the central board. Under SEC-17, The Central Government shall appoint, one or more Appropriate Authorities for each of the Union territories. The State Government shall appoint, 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. The Central Government or the State Government shall 4/23/12

OFFENCES VIOLATIONS/PENALITIES
Advertisement (publish, U/s 22 of the PNDT Amendment distribute, communicate) relating Act, imprisonment which may to pre-conception and pre-natal extend to three years and with determination of sex by any fine which may extend to Rs. person, 10,000/-. Genetic Counseling Centre, Case is to be launched in the Laboratory or Clinic. court u/s 28 of the Act. Any medical professional U/s 23, imprisonment which geneticist, gynaecologist, may extend to three years and registered medical practitioner with fine which may extend to or any person who owns a Rs. 10,000/-. and on any Genetic Counseling Centre, or is subsequent conviction, with employed in such a Centre imprisonment which may extend Laboratory or a Clinic who to five contravenes any of the years and with fine which may provisions of this Act. extend to fifty thousand rupees. 4/23/12 Suspension of the

Any person who seeks the aid Punishable with imprisonment for of a Genetic Centre, medical a term which may extend to practitioner or any other person three years and with fine which for sex selection or for conducting may extend to 50,000/- for the pre- natal diagnostic techniques first offence and for any on any pregnant women. subsequent offence with the woman who was imprisonment which may extend compelled to undergo such to five years and with fine which diagnostic techniques or such may extend to one lakh rs. selection will not be punished. Whoever contravenes any of the Punishable with imprisonment for provisions of this Act or any rules a term which may extend to made thereunder, for which no three months or with fine, which penalty has been elsewhere may extend to one thousand provided in this Act. rupees or with both and in the case of continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such 4/23/12 contravention continues after

Cognizance of offences
(Sec-28)
A complaint made by The Appropriate Authority concerned, or any officer authorized in this behalf by the Central Government or State Government, Any person who has given notice to the Appropriate Authority, of not less than fifteen days of the alleged offence and of his intention to make a complaint to the court.
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DRAWBACKS OF THE ACT.

1.

CONTRADICTION WITH THE MTP ACT 1971

The Medical Termination of Pregnancy Act of India clearly states the conditions under which a pregnancy can be ended or aborted, the persons who are qualified to conduct the abortion and the place of implementation. But on the other hand, Giving or taking prenatal tests, including ultrasound scanning, solely to determine the sex of the fetus was criminalized by PNDT act. This is the biggest loophole in this act, whereby the contravening person claims abortion as his/her right under the MTP 4/23/12

According to the Consortium on National Consensus for Medical Abortion in India, every year an average of about 11 million abortions take place annually and around 20,000 women die every year due to abortion related complications. Most abortion-related maternal deaths are attributable to illegal abortions. In the following table Number of abortions reported includes legal reported induced abortions. Year 1972 1975 1980 1985 1990 1995 2000 No. of 2430 2141 3884 5837 5812 5709 7231 abort 0 97 05 04 15 14 42 ions..

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2.

FAILURE TO IMPLEMENT PNDT Act

The implementation of the act is not forceful. Not much emphasis is given to secure the implementation of the act both by the central government or the state governments. The low number of PNDT cases in Punjab has not only exposed the failure of state government, but has also brought all schemes under scanner. Since the implementation of PNDT Act, the state has lodged 106 cases for violation of PNDT Act in various courts of Punjab. Of these 95 were registered till 2007. But the present government has lodged only 11 cases in three years 2007-10. In Haryana also there has been only 13 convictions, since the act was made.
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SUGGESTIONS and ACTION PLAN

Linked with the critical concerns of safe mother hood, child health and reproductive health issues, (SGC) integrates the Girl child survival before & after conception through implementation of Pre-conception and Pre natal diagnostic technique Act 1994 by regulating misuse of pre-conception and pre natal diagnostic techniques for sex selection and promotion of girl child in the country, with the following action plan :-

Vision:
To ensure efficient implementation of PC&PNDT Act To reduce pre conception and prenatal mortality 4/23/12 of girl child and hence improve sex ratio at birth.

Strategy:
To ensure implementation of all promotional schemes for girl child at district level. Monitoring and evaluation of implementation of PNDT Act through community participations. Ensure accountability of implementing agencies through monitoring implementation of the Act through community participation. Tracking pregnancies, MTPs and birth registration by the way of involving Anganwadi workers, ASHAs Identifying violators of the Act through conducting detailed audits of form F filled in for the pregnant women in the clinics. Develop a national, state and district annual Plan.
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IECandpublicityactivities Rallies and Signature campaigns for Save the Girl Child. Involvement of community radio, mass media and internet for information dissemination. Awareness program with the help of NGOs/ MNGOs etc like Public Melas, public meetings, Jan Samvads, Jan Sunwai. Publicity and information material developed in regional language. Public messages in the public places. Youth campaign against sex selection. Local awareness activities such as nukkad natak,dramas, folk art Centralized Activities at National level, State level activities, District level activities like Funding, Research, innovations, Human Resource Requirement 4/23/12 At Three

CONCLUSION

Abortion is the right of the woman and legalized in India under the TP Act However having an abortion based only on the gender of the etus is illegal and a horrible form of gender discrimination. Evidence ggests that the PNDT act has not had the intended effect. The clining sex ratio in the age group 0-6 exemplifies the failure of the DT act. The adverse sex ratio creates shortage of women and s severe long-term implications.The shortage of women does not ad to their increased value, but to greater restrictions and control aced over them. . Dontdenythe

girlchildtherighttobe born. Welcomeherintoyour life

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