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PC-PNDT ACT

Dr. K. N. Patel Former Additional Director Health and Family Welfare Gujarat. PC-PNDT ACT. No. of women of all age groups per 1000 males in that area at a given point of time. Sex Ratio in India during last 100 Yrs. Sex ratio.

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PC-PNDT ACT

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  1. Dr. K. N. Patel Former Additional Director Health and Family Welfare Gujarat PC-PNDT ACT

  2. No. of women of all age groups per 1000 males in that area at a given point of time. • Sex Ratio in India during last 100 Yrs Sex ratio

  3. Child Sex Ratio in INDIA Last 50 yearsChild Sex Ratio: No. of girls aged up to 6 years per 1000 boys of that age group

  4. Age group wise Sex Ratio

  5. Overall and Child Sex Ratio : India1961 - 2011

  6. Sex Ratio of some populous countries-2001

  7. Child Sex Ratio: 1991-2001 in some Taluka

  8. Strong wish to have a male child • Gender discrimination • Dowry • Myth: daughter is a liability • religious believes • More and more couples adopting one child norm and prefer male child Causes

  9. Imbalance of male and female population • All Males may not get bride to marry • Rise in the incidents of Rape, kidnapping, exploitation, resulting in unhealthy society • Increase in psycho-social and mental health issues the result?

  10. Avoid gender discrimination. • Equal opportunities and equity for women • Create awareness among community, decision makers. • Women should not be harassed on birth of a girl child (Male have XY pair of chromosomes and women have XX) • Govt. NGOs, leaders, philanthropic organizations, community groups should join hands to fight the issue Action needed

  11. The Pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) Act, 1994

  12. The order came following a public interest petition filed by NGOs-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

  13. The Pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) Act, 1994 An Act to provide for the prohibition of sex selection before or after conception, and for regulation of pre-natal diagnostic techniques. Technique is for the purpose of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders Prevention of their misuse for sex determination leading to female feticide and for matters connected there with or incidental there to.

  14. Short title, extent and commencement: The Pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) Act, 1994; whole of India except the State of J&K; come in force on such date the GoI notify in gazette • Definitions: Appropriate Authority, Board, conceptus, embryo, fetus, genetic clinic, counseling centre, pre-natal diagnostic techniques, gynecologist etc. Chapter – I Preliminary

  15. 3. Regulation of genetic counseling centers, genetic laboratories and genetic clinics i. Registration under the Act ii. Person providing services in these centers should possess prescribed qualifications iii. No medical practitioner, geneticist shall conduct technique at place other than the registered one No person/specialist in the field of infertility shall conduct sex selection Chapter – II Regulation of genetic counseling centers, genetic laboratories and genetic clinics

  16. 4. Regulation of pre-natal diagnostic techniques No place including registered shall be used by any person for conducting pre-natal diagnosis except- • Purpose: Chromosomal abnormalities, genetic disorders, haemoglobinopathies, sex linked genetic diseases, congenital anomalies, others specified by Board • No person, relative, husband of PW shall seek or encourage conduct of pre-natal diagnosis except for above or sex selection technique on her Chapter – III : Regulation of pre-natal diagnostic techniques

  17. 5. Written consent of PW and prohibiting communicating the sex of fetus • No person shall conduct procedure unless- explained all known side/after effects to PW- Obtained her consent in prescribed form- Copy of her written consent given to PW- No one shall communicate to PW or her relatives the sex of the fetus by words, signs or in any other manner 6. Determination of sex prohibited - No centre, clinic, lab shall conduct pre-natal diagnosis for the purpose of determining the sex of fetus

  18. 7. Constitution of Central Supervisory Board -Minister in-charge of Family Welfare as Chairman -Secretary FW – Vice Chairman -3 members from Ministry of DWCD, Legal affairs, ISM -DGHS -10 members appointed by GoI : 2 each from Eminent: Geneticists, Gynecologists, Pediatricians, Social Scientists, women welfare organizations, -3 MPs -4 members on rotation frm States -Joint Secretary, FW as Member Secretary 8. Term: Usually 3 years 9. Meetings: Once in 6 months 10. Vacancies etc not to invalidate proceedings 11. Temporary association of a person for assistance 12 to 16. Appointment of staff etc Chapter – IV central supervisory board

  19. To advise Central Government on policy matters related to use of prenatal diagnostic techniques, sex selection techniques and against its misuse • Review and monitor implementation of The Act and recommend changes in the Act • Crete public awareness • Lay down code of conduct for persons working in genetic centers and laboratories • Oversee performance of various bodies constituted under the Act Functions of the board

  20. Minister in-charge of H & FW – Chairperson Ex-officio • Secretary HFW – Vice Chairperson ex-officio • Secretaries/Commissioners from DWCD, Legal, ISM, Social Welfare Ex-officio • Director Health & FW or ISM Ex-officio • 3 Women MLAs • 10 members to be appointed 2 each from Social Scientists and legal experts, women activists from NGO, Gynecologists, Pediatricians, Radiologists • Joint Secretary FW as Member secretary Meet once in 4 months Term: Usually 3 years except ex-officio State supervisory board

  21. 17. Appropriate Authority(AA) and Advisory Committee The State Govt. shall appoint one or more AA for whole or part of the State Multi-member AA: Officer of the rank of Joint Director of Health – Chairperson, eminent women representing women organization, officer of Law Dept To grant, suspend or cancel registration of a genetic center, laboratory or clinic Summoning any person in possession of any information relating to violation of the provisions of the Act Issuing search warrant for any place suspected To enforce standards prescribed To investigate complaints of breach of the provisions To take appropriate legal actions To create awareness Chapter – v: appropriate authority and advisory committee

  22. Advisory Committee for each Apropriate Authority • Three medical experts from gynecologists, pediatricians and medical geniticists • One legal expert • One officer from dept dealing with publicity • 3 eminent social workers (one should be from women’s organization) • Recommend to AA after investigation of complaints, for suspension or cancellation of registration Advisory committee

  23. 18. registration of genetic counseling centers, laboratories and clinics Genetic centers, clinics or laboratories having ultrasound or imaging machine or scanner or any other technology capable of detecting sex of fetus should get registration under the Act with the Appropriate Authority. 19. Certificate of Registration: The AA shall after holding an inquiry grant a certificate of a registration in prescribed form. The certificate shall be displayed by registered centre in a conspicuous place. Chapter vi: registration of genetic counseling centers, laboratories and clinics

  24. 20. Cancellation or suspension of registration: The AA may suo moto, or on complaint issue a notice to the centre to show cause why the registration should not be cancelled. After giving a reasonable opportunity and if satisfied that there is a breach of the provisions the AA may cancel the registration. 21. Appeal: The Appeal may be done within 30 days from the date of receipt of order to the central or the state government as the case may be. Chapter vi: registration of genetic counseling centers, laboratories and clinics

  25. 22. Prohibition of advertisements relating to pre-conception and pre-natal determination of sex and punishment for contravention: up to 3 years imprisonment and fine up to 10,000 • 23. Any person who contravenes any of the provisions of this Act: Punishableup to 3 years imprisonment and fine up to 10,000. on subsequent conviction: up to 5 years imprisonment and fine up to 50,000. • The name of Dr shall be reported by AA to State Medical Council Chapter VII offences and penalties

  26. 24. Any person compelling PW to undergo the technique: Punishment as above. Not to woman who was compelled. • 25. For acts of any person, the punishment not specified: up to 3 months imprisonment and fine up to 1,000 Chapter VII offences and penalties

  27. 26. Offences by companies: corporate, firm, Director • 27. Offence to be cognizable, non-bailable and non-compoundable • 28. Cognizance of offence: No court shall take cognizance of the off CHAPTER – VIII: Miscellaneous • 29. Maintenance of records: preserve for 2 years. Shall be made available to AA or authorized person by AA for inspection • 30. Power to search and seize records, etc: to AA • 31. Protection of action taken in good faith: No suit, prosecution or other legal action against State, Central Govt and AA if action taken in good faith • 32,33,34. Power to make rules, regulations and to be laid before Parliament Chapter VII offences and penalties

  28. The rules give directives and guidance on :- • Qualifications of persons • Requirements for the place, Equipments etc • Regarding sale of ultrasound machines • Application for Registration Fee • Registration procedure, certificate, validity, renewal • Intimation of change of address • Records, declarations, Forms • Search and seizure • Appeals The rules, 1996

  29. 5 50,000

  30. VFEFZ

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