PCPNDT Act ,1994

1. PCPNDT Act ,1994

2. What is female feticide? Female feticide- • aborting a female fetus after sex determination test • ultra-sonography, helps determine abnormalities in the fetus. • misused to find out sex of the fetus and abort it if it is a girl.

3. Why is female feticide a problem ? • Increase in violence against women- violation of their human rights. • Abortion due to family pressures to have male child- • effect on mental and physical health of woman. • More men in society due to sex selective abortions.

4. Indian Penal Code, 1860 • Section 312: Without analyzing the threat to the life of women • Section 313: Without the consent of the women • Section 314: Trying to cause miscarriage and thereby causing death • Section 315: An act done to prevent a child from being born/ or born alive concealing the birth of a child

5. Indian Penal Code, 1860 • Section 316: Act resulting in death of an unborn child • Section 317: Mother or father abandoning the child • Section 318: Secretly disposing body of child/ intentionally

6. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Pre-natal Diagnostic Techniques includes • Ultra-sonography, • Foetoscopy, • Taking samples of amniotic fluid, embryo, blood or any tissue or fluid of pregnant women before or after conception, • Testing samples in Genetic Laboratory to detect genetic disorders, abnormalities or sex-linked diseases

7. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Imposes restrictions on: • Clinics, medical personnel and sale of machines • Only registered genetic clinics can use pre-natal diagnostic techniques • By qualified medical practitioner • Prohibition of sex-selection • Prohibition on sale of ultrasound machine to unregistered laboratories, clinics & persons

8. Sec.3A Prohibition of sex selection No person, including a specialist or a team of specialists in the field of infertility, shall conduct or cause to be conducted 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.

9. Sec.3B Prohibition on sale of ultrasound machine, etc., to persons, laboratories, clinics, etc., not registered under this act. No person shall sell any ultrasound machine or imagingmachine or scanner or any other equipment capable of detecting sex of foetus to any Genetic counseling center, Genetic clinic, and Genetic Laboratory or any other person not registered under this act.

10. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • PNDT can be used for detection of abnormalities: • Chromosomal Abnormalities • Genetic Metabolic Diseases • Haemoglobinopathies • Sex-linked genetic diseases • Congenital abnormalities • Any other abnormalities

11. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • PNDT in following conditions: • Age of pregnant women is above 35 years • Two or more spontaneous abortions • Pregnant women has been exposed to drugs, radiation, infection or chemicals • Family history of mental retardation or physical deformities • Any other condition

12. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Essential communications • Explanation of all known side/ after effects & test procedures • Written consent in prescribed form & its copy given to her • Not to disclose sex of the fetus by words, signs etc. • Display prominently in local language that disclosure of sex of fetus prohibited under law. • Registration certificate to be displayed prominently in the clinic.

13. RegulatoryBody Policy Making Body Implementing Body Advisory Committee Central Supervisory Board State Appropriate Authority State Advisory Committee State Supervisory Board District Appropriate Authority District Advisory Committee Sub-District Appropriate Authority Sub District Advisory Committee

14. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Husbands and relatives • Cannot ask or encourage pre-natal diagnostic techniques expect for reasons permitted under law. • Publishing and advertising • Illegal: No person, organization, counseling centre, clinic or laboratory is allowed.

15. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Violation • Imprisonment of 3 years and Rs 10000 (50000) fine, but subsequent conviction punishable with imprisonment for 5 years and Rs 50000 (1,00,000) fine. • Offence to be cognizable, non-bailable and non-compoundable

16. Implementation of PCPNDT Act Implemented by Appropriate Authority • Role • To grant, suspend or cancel registration • Enforce standards • Investigate complaints of breach of provisions • Complaints • Can be made by any person/social organisation • The chief medical officer to investigate • Can approach court if chief medical officer does not take action • Court • Judicial Magistrate First Class or Metropolitan Magistrate

17. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Advisory committeeThe advisory committee shall consist of –· Three medical experts from gynaecologists, obstetricians, paediatricians and medical geneticist;· One legal expert· One officer to represent the dept. dealing with information and publicity of the State govt.· Three eminent social workers, at least one from the women’s organisations.

18. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • The advisory committee may meet • as necessary • on the request of the AA. • for consideration of any application for registration and to give advice thereon; provided that the period intervening between any two meetings shall not exceed sixty days (rule 15)

19. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • An application for registration shall be made to the A.A., in duplicate, in form A duly accompanied by an affidavit containing – • An undertaking to the effect that the Genetic counselling center, Genetic clinic, and Genetic Laboratory shall not conduct any test pr procedure for selection of sex before or after conception or for detection of sex of foetusexcept for diseases specified in sec 4(2) nor shall the sex of foetus be disclosed to any body,

20. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • An undertaking to the effect that the Genetic counselling center, Genetic clinic, and Genetic Laboratory shall display prominently a notice that they do not conduct any techniques, test or procedure, etc., by whatever name called, for detection of sex of foetus or for selection of sex before or after conception • The A.A., or any person in his office authorized in this behalf, shall acknowledge receipt of the application for registration, in the acknowledgement slip provided at the bottom of form A, immediately if delivered at the office of the A. A., or not later then the next working day if received by post.

21. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Certificate of registration • The Appropriate Authority shall after holding an inquiry and after satisfying itself that the applicant has complied with all the requirements of this act and the rules made thereunder and having regard to the advise of the advisory committee in this behalf, grant a certificate in of registration in the prescribed form (form B) jointly or separately to the G.C.C./GC./ GL., as the case may be.

22. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • If after holding inquiry and after giving an opportunity of being heard to the applicant and having regard to the advice of the advisory committee, the appropriate authority is satisfied that the applicant has not complied with the requirements of this act or the rules, it shall, for the reasons to be recorded in writing, reject the application for registration and will be communicated to applicant in Form C.

23. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Every registration shall be renewed in such manner and after such period and on payment of such fees as may be prescribed • The certificate of registration shall be displayed by the registered Genetic counselling center, Genetic clinic, Genetic Laboratory, Ultrasound clinic or imaging center in a conspicuous place at its place of business

24. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Validity of Registration-Every certificate of registration shall be valid for a period of five years from date of issue • Cancellation or suspension of registration The A.A. may suomoto, or on complaint, issue a notice to the Genetic counselling center, Genetic clinic, Genetic Laboratory to show cause why its registration should not be cancelled or suspended for the reasons mentioned in the notice.

25. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • If after giving a reasonable opportunity of being heard to the Genetic counselling center, Genetic clinic, Genetic Laboratory and having regard to the advice of the advisory committee, the A.A. is satisfied that there has been a breach of the provisions of this act or the rules, it may, without prejudice to any criminal action that it may take against such center, Lab., or clinic, suspend its registration for such period as it may think fit or cancel its registration, as the case may be.

26. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Notwithstanding anything contained in above sub-sec., if the A.A. is of the opinion that it is necessary or expedient so to do in the public interest, it may, for reason to recorded in writing, suspend the registration of any Genetic counselling center, Genetic clinic, Genetic Laboratory without issuing any such show cause notice.

27. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Maintenance and preservation of records • Genetic Counselling , Genetic Laboratory, Genetic Clinic or ultrasound clinic or imaging center shall maintain a register showing, in serial order, the names and addresses of the men or women given genetic counselling, subjected to pre natal diagnostic procedure or test, the name of their spouse or father and the date on which they first reported for such counselling, procedure of test.

28. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • The record to be maintained by every Genetic counselling center, in respect of each women counselled shall be specified in Form D • The record to be maintained by every Genetic Laboratory, in respect of each man or woman subjected to any pre-natal diagnostic procedure/technique/test, shall be as specified in Form E.

29. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • The record to be maintained by every Genetic Clinic, in respect of each man or woman subjected to any pre-natal diagnostic procedure/technique/test, shall be as specified in Form F. • The A.A. shall maintain a register a permanent record of application for grant or renewal of certificate of registration as specified in form H.

30. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Before conducting pre implantation genetic diagnosis, or any pre-natal diagnostic technique/test/procedure such as amniocentesis, chorionic villi biopsy, foetoscopy, foetal skin or organ biopsy or cordocentesis, a written consent,as specified in Form G, in a language the person undergoing such procedure understands, shall be obtained from her/him.

31. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Person conducting ultrasonography on a pregnant woman shall keep a complete record thereof in the clinic in such manner as may be prescribed and any deficiency or inaccuracy found therein shall amount to contravention of provisions of sec.5 or sec.6 unless the contrary is proved by the person conducting such ultrasonography

32. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Intimation of changes in employees, place or equipment – • Genetic Laboratory/Genetic Clinic/ Genetic Counselling center shall intimate every change of employee, place, address and equipment installed, to the A.A. with in a period of thirty days of such change. (Rule 13)

33. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 • Public Information (Rule 17 ) • Prominently display of notice of its premises in English and in the other local language or language for the information of the public, to the effect that disclosure of sex of foetus is prohibited under law. • At least one copy of the act and the rule shall be available. • The A.A., and the state govt. may publish periodically lists of registered centers and findings from the reports and other information in their possession, for the information of the public and for use by the experts in the field.