PC PNDT ACT DR.AKASH GAJJAR. PC PNDT ACT PRE CONCEPTION & PRENATAL DIAGNOSTIC TECHNIQUES ( REGULATION & PREVENTION OF MISUSE ) ACT 1994 Renamed as PRE.

PC PNDT ACT

DR.AKASH GAJJAR

PC PNDT ACT

PRE CONCEPTION & PRENATAL DIAGNOSTIC TECHNIQUES

( REGULATION & PREVENTION OF MISUSE ) ACT 1994

Renamed as PRE CONCEPTION & PRENATAL

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 prenatal diagnostic techniques for the purposes of detecting abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders

- and for prevention of their misuse for sex determination leading to female foeticide and for matters connected there with or incidental thereto “

Why this act came in to existance?

• To check the gender imbalance

PRENATAL DIAGNOSTIC TECHNIQUES

• Means all gynecological or obstetrical or medical procedures such as

ultrasonography , fetoscopy taking or removing samples of amniotic fluid chorionic villi embryo

• blood or any other tissue or fluid of

a man or of a woman before or after conception for

being sent to a genetic lab or clinic for conducting any type of analysis or prenatal diagnostic tests before or after conception

INDICATIONS OF PRENATAL DIAGNOSTIC TECHNIQUES

• These tests are conducted

to detect

- genetic or

- metabolic disoeders or

- chromosomal anomalies or

- hemoglobinopaties or

- sex linked diseases

What is sex selection technique

• Any procedure , technique , test or administration ,on prescription or provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex

WHERE PRENATAL DIAGNOSTIC TECHNIQUES CAN BE

CONDUCTED & WHO CAN CONDUCT THESE TECHNIQUES

Registered • GENETIC COUNSELLING CENTRE• GENETIC CLINIC• ULTRASOUND CLINIC/ IMAGING

CENTRE• GENETIC LABORATORY

• No person shall open any Genetic counselling centre ,Genetic lab or genetic clinic ,incuding clinic , lab or centre having ultrasound or imaging machine or scanner or any other technology capable of

undertaking determination of sex of fetus and sex selection , or render services to any one of them , after commencement of PCPNDT act Amendment 2000

unless such centre is duly registered under the act

REQUIREMENTS

• For genetic counselling centre

- Qualified gynecologist with six months of experience or four weeks of training in genetic counselling or

- A medical geneticist

- Having adequate space ,and educational charts /models/equipments in carrying out counselling

- Centre should be registered

-

GENETIC LABORATORY

• A person having adequate space and being or employed

- a medical geneticist and a lab technician

having a BSc degree or diploma in medical lab course with at least one year experience in conducting appropriate prenatal diagnostic techniques , tests or procedures

- equipments for chromosomal studies , biochemical studies , molecular studies

GENETIC CLINIC

• Any person having adequate space and being or employing

- Gynecologist having experience of performing at least 20 procedures in chorionic villi aspirations ,chorion villi biopsy , amniocentesis , cordocentesis , foetoscopy , fetal skin/ organ biopsy or fetal blood sampling under supervision of an experienced gynecologist in these fields

- Sonologist / Gynecologist having PG degree or diploma for USG

What is registered under this act

• Place

• MACHINE

• Person

WHAT ARE PROHIBITIONS & REGULATIONS

• Preconceptional sex selection

• Prenatal sex determination

• Advertisement about facilities of sex selection or sex determination

PROHIBITED

• No person including the person conducting prenatal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person

the sex of the fetus by words , signs or in any other manner

ADVERTISEMENT• No person , organisation ,Genetic counselling

center ,or genetic lab or genetic clinic having ultrasound machine or imagine machine or scanner or any other technology capable of determination of sex of fetus or sex selection

shall issue , publish, distribute,communicate.or cause to be issued,published ,distributedor communicated in any form,including ,internet,regarding

facilities of determination of sex or sex selection before conception by any means scientific or otherwise available at such place or centre

ADVERTISEMENT

• It includes notice, circular,label,wrapper or any other document including advertisement through internet ,or any other media in electronic or print form and includes any hoarding , wall painting,signal, light , sound, smoke or gas

OFFENCE

• Cognizable

• Non bailable

• Non compoundable

PENALTIES

• Any person who contravenes the provisions of this act shall be punishable with imprisonment for a term which may extend to 3 years and with a fine which may extend to 50,000 Rs for the 1st offence &

5 yrs imprisonment & fine of Rs 1 lakh for subsequent offence

• Name of Registered medical practitioner shall be reported by appropriate authority to the state medical council for taking necessary action

• this action includes suspension of registration if the charges are frammed by the court ,and till the case is disposed of and

on conviction for removal of his name from register of the council for a period of 5 years for the 1st offence and permanently for subsequent offence

What about penalty to patient

• Any person who seeks the aid of any recognised centre , Gynecologist or sonologist , or any other person

for sex selection or determination on any pregnant woman

shall be liable with imprisonment of 3 years & fine of Rs 50,000 for the 1st offence &

imprisonment for 5 years & fine of 1 lakh Rs for subsequent offence

Provisions do not apply to woman who is compelled for sex determination/selection

Regulating & implementing bodies

• Board at national level – Central Govt

• State supervisory board

• District committee

Appropriate Authority

Collector & CDHO

Taluka level

Subdistrict AA & THO

RECORDS TO BE MAINTAINED & PRESERVED

• Form D for genetic counselling centre

• Form E for genetic Laboratory

• Form F for genetic clinic, ultrasound clinic

imaging centre

Form G for invasive techniques

Register to be maintained

Records to be preserved for 2 years

Procedures for inspection and investigations by AA

• Every genetic centre shall afford reasonable facilities for inspection of place,equipment,& records to AA or any person authorised by AA on his behalf

for registration ,or detection of misuse or

advertisement – for sex determination / selection / violation of the act

suomoto or on complain

Procedures for inspection and investigations by AA- suomoto or on

complain • Appropriate authority or any officer

authorised in this behalf

may enter and search at all reasonable times any centre

in presence of 2 or more independent witnesses for the purpose of

search & examination of records ,& seize the same if – there is reason to believe that it may furnish evidence of an offence

THE SWORD IS STILL HANGING

• REMEDIES FOR LITIGATIONS

• RECENT JUDGEMENTS

• LOOP HOLES IN ACT

• SUGGESTIONS

• DO YOU THINK OF TRAINING OF AA FOR TRUE INTERPRETATION OF ACT ?