PRE-NATAL-DIAGNOSTIC-TECHNIQUES-ACT-1994.ppt

PC & P.N.D.T. ACT,1994PC & P.N.D.T. ACT,1994

The clear decline in female sex-ratio in The clear decline in female sex-ratio in the age-group (0-6 years) ----the age-group (0-6 years) ----

A genuine concern of Govt. of IndiaA genuine concern of Govt. of India..

Selective abortion of female foetusSelective abortion of female foetus

emerges as the principal contributor emerges as the principal contributor

Brief ProfileBrief Profile

Chapters 8, Total no. of Sections-34Chapters 8, Total no. of Sections-34 PC & PNDT (Prohibition of Sex PC & PNDT (Prohibition of Sex

Selection) , Rules 1996, Total no. of Selection) , Rules 1996, Total no. of Rules - 19, including appeals Rules - 19, including appeals procedures dealt with in respective procedures dealt with in respective sections.sections.

Relevant SectionsRelevant Sections

Sec.1- Short title, extent and Sec.1- Short title, extent and commencementcommencement

Sec.2- DefinitionsSec.2- Definitions Sec.3- Regulation of Genetic Clinics and Sec.3- Regulation of Genetic Clinics and

Labs.Labs. Sec.3A- Prohibition of sex selectionSec.3A- Prohibition of sex selection Sec.3B- Prohibition on sale of ultrasound Sec.3B- Prohibition on sale of ultrasound

machines to unregistered clinics.machines to unregistered clinics.

Sections 4-6Sections 4-6

Sec.4- Regulation of P.N.D.T.- Sec.4- Regulation of P.N.D.T.- procedure/facilitiesprocedure/facilities

Sec.5- Written consent of pregnant Sec.5- Written consent of pregnant woman, woman, prohibition of communicating prohibition of communicating the sex of foetus in utero.the sex of foetus in utero.

Sec.6- Determination of sex Sec.6- Determination of sex of foetus of foetus in utero in utero prohibited. prohibited.

Central Supervisory BoardCentral Supervisory Board(Sections 7-16A)(Sections 7-16A)

Sec.7- Constitution. Sec.7- Constitution. Sec.8- Term of office of members.Sec.8- Term of office of members. Sec.9- Board meetings.Sec.9- Board meetings. Sec.10- Vacancies.Sec.10- Vacancies. Sec.11- Temporary association.Sec.11- Temporary association. Sec.12- Appointment of officers and employees.Sec.12- Appointment of officers and employees. Sec.13- Authentication of orders.Sec.13- Authentication of orders. Sec.14- Disqualification of members.Sec.14- Disqualification of members. Sec.15- Eligibility for reappointment.Sec.15- Eligibility for reappointment. Sec.16- Functions of the Board.Sec.16- Functions of the Board. Sec.16A- Constitution of State, and U.T. Supervisory Board.Sec.16A- Constitution of State, and U.T. Supervisory Board.

Appropriate Authority and Advisory Appropriate Authority and Advisory CommitteeCommittee

Sec.17- Appropriate Sec.17- Appropriate Authority and Advisory Authority and Advisory Committee.Committee.

Sec.17A- Powers of Sec.17A- Powers of Appropriate AuthoritiesAppropriate Authorities..

Registration of Genetic Clinics and Registration of Genetic Clinics and LaboratoriesLaboratories

Sec.18- Registration of Genetic Sec.18- Registration of Genetic Centers.Centers.

Sec.19- Certificate of registration.Sec.19- Certificate of registration. Sec.20- Cancellation or suspension of Sec.20- Cancellation or suspension of

registration.registration. Sec.21- Appeal.Sec.21- Appeal.

Offences and PenaltiesOffences and Penalties Sec.22- Prohibition of advertisement relating to Sec.22- Prohibition of advertisement relating to

P.N.D.T.P.N.D.T. Sec.23- Offences and Penalties.Sec.23- Offences and Penalties. Sec.24- Presumption in the case of conduct of Sec.24- Presumption in the case of conduct of

P.N.D.T. techniques.P.N.D.T. techniques. Sec.25- Penalty for contravention of the provisions of Sec.25- Penalty for contravention of the provisions of

the Act.the Act. Sec.26- Offences by companies.Sec.26- Offences by companies. Sec.27- Offences to be cognizable, non-bail able and Sec.27- Offences to be cognizable, non-bail able and

non-compoundable.non-compoundable. Sec.28- Makes the Appropriate Authority as the Sec.28- Makes the Appropriate Authority as the

complainant in the court of Metropolitan Magistrate complainant in the court of Metropolitan Magistrate or Judicial Magistrate, First Class. or Judicial Magistrate, First Class.

MiscellaneousMiscellaneous

Sec.29- Prescribes for the maintenance of Sec.29- Prescribes for the maintenance of records and documents for a period of 2 years.records and documents for a period of 2 years.

Sec.30- Gives the power to the A.A. to search Sec.30- Gives the power to the A.A. to search and seize records of the Genetic Clinics in and seize records of the Genetic Clinics in response to a complaint or an information that response to a complaint or an information that sex selection is being done anywhere.sex selection is being done anywhere.

Sec31- Protection of action taken in good faith Sec31- Protection of action taken in good faith to A.A.to A.A.

More MiscellaneousMore Miscellaneous Sec.31A- Removal of difficulties in giving effect to Sec.31A- Removal of difficulties in giving effect to

the provisions of amended act of the provisions of amended act of P.N.D.T.P.N.D.T. Sec.32- Provides powers to the Central Govt. to make Sec.32- Provides powers to the Central Govt. to make

rules for carrying out the provisions of the Act.rules for carrying out the provisions of the Act. Sec.33- The Supervisory Board with the sanction of Sec.33- The Supervisory Board with the sanction of

the Central Govt. by notification in the Official the Central Govt. by notification in the Official Gazette which makes regulations for the time to time Gazette which makes regulations for the time to time functioning of the Board.functioning of the Board.

Sec.34- Rules and Regulations to be laid before the Sec.34- Rules and Regulations to be laid before the Parliament. Parliament.

Forms to be filled in the PC & Forms to be filled in the PC & P.N.D.T. ActP.N.D.T. Act

There are 8 forms- A to H.There are 8 forms- A to H. Form A- (Rules4(1) & 8(1))- Application for Form A- (Rules4(1) & 8(1))- Application for Registration or Renewal.Registration or Renewal. Form B- (Rule6(2) & 8(2) & 6(5)- Certificate Form B- (Rule6(2) & 8(2) & 6(5)- Certificate

of Registration.of Registration. Form C- (Rule6(3) 6(5)& 8(3))- Rejection of Form C- (Rule6(3) 6(5)& 8(3))- Rejection of

Application for Grant/Renewal of Registration.Application for Grant/Renewal of Registration. Form D- (Rule9(2))- Maintenance of records Form D- (Rule9(2))- Maintenance of records

by Genetic Clinics. by Genetic Clinics.

Forms to be filled (Contd.)Forms to be filled (Contd.)

Form E- Rule9(3)- Maintenance of Records by Form E- Rule9(3)- Maintenance of Records by Genetic Laboratories.Genetic Laboratories.

Form F- Sec.4(3)- Rule9(4) & Rule10(1A)-Form F- Sec.4(3)- Rule9(4) & Rule10(1A)- Maintenance of records in respect of pregnant Maintenance of records in respect of pregnant

woman in the Genetic and Ultrasound Clinics.woman in the Genetic and Ultrasound Clinics. Form G- Rule10- Form of Consent.Form G- Rule10- Form of Consent. Form H- Rule9(5)- Form for maintenance of Form H- Rule9(5)- Form for maintenance of

permanent records of application for permanent records of application for grant/rejection of Registration under the PC& grant/rejection of Registration under the PC& P.N.D.T. Act of 1994. P.N.D.T. Act of 1994.

Chronology of Govt. InitiativesChronology of Govt. InitiativesPre independence period : Female infanticide Pre independence period : Female infanticide

was was prohibited under lawprohibited under law

1860:1860: IPC had provisions for punishment IPC had provisions for punishment for causing miscarriagesfor causing miscarriages

1978:1978: Govt. directive banning Govt. directive banning Amniocentesis Amniocentesis to determine Foetal sexto determine Foetal sex

1988:1988: Maharahstra regulation of PNDTMaharahstra regulation of PNDT 1994;1994; PNDT act enacted by ParliamentPNDT act enacted by Parliament 1996:1996: The Act put into operationThe Act put into operation 2003:2003: Amended as PC and PNDT actAmended as PC and PNDT act

Orders/ Judgments of Supreme court of IndiaOrders/ Judgments of Supreme court of India CWP 301 of 2000CWP 301 of 2000 Center for enquiry into Health and allied themesCenter for enquiry into Health and allied themes::

CEHAT/ MASUM & OrsCEHAT/ MASUM & Ors Vrs.Vrs.

Union of India and OrsUnion of India and Ors

ObservationObservation

Non implementation of PNDT Act by Union and states. Directions Non implementation of PNDT Act by Union and states. Directions issued to all concernedissued to all concerned

19.09.01 19.09.01 OrderOrder – Inter alia hinted at total slackness in – Inter alia hinted at total slackness in implementing the Act – Non submission of qrly. returns to CSB – implementing the Act – Non submission of qrly. returns to CSB – Delay in filing affidavits - Act not applicable to J&KDelay in filing affidavits - Act not applicable to J&K

7.11.2001 – 7.11.2001 – Order Order – Necessary affidavits to be filed within three – Necessary affidavits to be filed within three weeks . GOI to set up inspection and monitoring committeeweeks . GOI to set up inspection and monitoring committee

Contd…………Contd…………

29.01.2002- 29.01.2002- OrderOrder – GOI to frame appropriate – GOI to frame appropriate rules for sale of Ultra Sound Machines and rules for sale of Ultra Sound Machines and prohibited sale to un regd. Clinicsprohibited sale to un regd. Clinics

05.03.2002 – 05.03.2002 – OrderOrder – H & FW Secretaries of – H & FW Secretaries of Union/States/UTs to appear personally in the Union/States/UTs to appear personally in the court for hearingcourt for hearing

30.04.2002 30.04.2002 – Order– Order – Union Of India / States – Union Of India / States to ask for help from IMA / Radiologists Assn/ to ask for help from IMA / Radiologists Assn/ FOGSI for information on actual users of Ultra FOGSI for information on actual users of Ultra Sound device within their premisesSound device within their premises

ALARMING TRENDALARMING TREND

Punjab, Haryana and Delhi lead in Punjab, Haryana and Delhi lead in Child Sex Ratio declineChild Sex Ratio decline

Global ScenarioGlobal Scenario

No. of women per 100 menNo. of women per 100 men Europe & North AmericaEurope & North America 105105 Latin AmericaLatin America 100100 CaribbeanCaribbean 103103 Sub-Saharan AfricaSub-Saharan Africa 102102 South East AsiaSouth East Asia 100100 Central AsiaCentral Asia 104104 South AsiaSouth Asia 95 95 IndiaIndia 93 93

Source: The World Women-Trends & Statistics, U.N., N.Y. 1995Source: The World Women-Trends & Statistics, U.N., N.Y. 1995

Indian ScenarioIndian Scenario

Sex ratio in states with widespread use of sex determination tests

States 1991 2001

Punjab 875 798

Fatehgarh Sahib 754

HP 951 896

Haryana 879 819

Delhi 915 821

South Delhi 780

Gujarat 928878Source: Census India 2001

Child Sex Ratio in the States Child Sex Ratio in the States and Union Territoriesand Union Territories

State State 19911991 20012001 YearYear

Gujarat 928 878 -50

Uttaranchal 948 906 -42

D&N Haveli 1013 973 -40

Daman & Diu 958 925 -33

Goa 964 933 -31

Maharastra 946 917 -29

Arunachal Pradesh 982 961 -21

Nagaland 993 975 -18

Orissa 967 950 -17

State State 19911991 20012001 YearYear

Bihar 953 938 -15

Jharkhand 979 966 -13

Manipur 974 961 -13

Madhya Pradesh 941 929 -12

Uttar Pradesh 927 916 -11

Meghalya 986 975 -11

Assam 975 964 -11

Andhra Pradesh 975 964 -11

Karnataka 960 949 -11

Chhatisgarh 984 975 -9

State State 19911991 20012001 YearYear

Tamil Nadu 948 939 -9

A & N Islands 973 965 -8

Rajasthan 916 909 -7

Pondicherry 963 958 -5

West Bengal 967 963 -4

State State 19911991 20012001 YearYear

Lakshadweep 941 974 33

Sikkim 965 986 21

Tripura 967 975 8

Kerala 958 963 5

Mizoram 969 971 2

Jammu & Kashmir NA 937 NA

India 945 927 -18

Demographic Catastrophe vs. The Law

Consequence

Drastic decline in child sex ratio

( 0- 6 Yrs)

Law Provides

Anyone seeking help for sex selection faces a 5 years jail and fine of Rs. 1,00,000.Medical practitioners found aiding sex determination can lose his registration

Increasing use of medical ultrasound to determine the sex of the foetus

Progressive Demographic Progressive Demographic ImbalanceImbalance

A greater threat to A greater threat to Nation’s population Stabilization efforts Nation’s population Stabilization efforts

and societyand society than than

population explosionpopulation explosion

Fall out of Modern Technology based Fall out of Modern Technology based proceduresprocedures

In vitro fertilization and embryo transferIn vitro fertilization and embryo transfer Amniocentesis/Chorion-villi Biopsy/Ultrasound & Amniocentesis/Chorion-villi Biopsy/Ultrasound &

imaging used for pre-natal diagnosisimaging used for pre-natal diagnosis Widespread misuse for sex determination of foetus, Widespread misuse for sex determination of foetus,

in utero in utero Rise in commercial trading in sex determination Rise in commercial trading in sex determination

practice/sperm and ovum donation/renting of womb practice/sperm and ovum donation/renting of womb etc.etc.

Price Rs. 25000/- to Rs. 50,000/- or morePrice Rs. 25000/- to Rs. 50,000/- or more

Pre birth elimination of girlsPre birth elimination of girls Makes - women species endangered Makes - women species endangered Drives daughters for slaughterDrives daughters for slaughter Misconceived reasoningMisconceived reasoning

Rs. 5,000/-Rs. 5,000/- now, if a female child now, if a female child is is abortedaborted

Rs. 5,00,000/-Rs. 5,00,000/- later, if female child later, if female child lives and lives and gets marriedgets married

PC & PNDT Act. 1994 Prescribes• Compulsory Registration of centres using U/S

machines

• Regulates facilities/services/personnel handling services

• Prohibits communication (directly/indirectly) of information on sex of foetus to the client / relatives

• Provides for punishments to the guilty

• Encourages promotion of Behavior Change Communication activities for target clients

• An Act that ensures clients’ welfare and respect/dignity towards women

Reframing the MindsetReframing the Mindset

Emphasis on socio-economic support to Emphasis on socio-economic support to children of either sexchildren of either sex

Doing away with dowry system and not Doing away with dowry system and not daughtersdaughters

Recognize equal growth and development Recognize equal growth and development potentiality in boys and girlspotentiality in boys and girls

Ensuring equal share in parental property for Ensuring equal share in parental property for boy/girl (either by law/voluntary action) by boy/girl (either by law/voluntary action) by parentsparents

Initiative by StateInitiative by State PNDT Act 1994 (operative 1.1.1996)PNDT Act 1994 (operative 1.1.1996) PC & PNDT Act (Prohibition of sex determination) 2003PC & PNDT Act (Prohibition of sex determination) 2003 Several states have initiated the steps to enforce the said actSeveral states have initiated the steps to enforce the said act War on declining sex ratio by Govt. of HaryanaWar on declining sex ratio by Govt. of Haryana A reduction of age from 60 to 55 for pension to parents A reduction of age from 60 to 55 for pension to parents

having daughters only w.e.f 01.01.2006having daughters only w.e.f 01.01.2006 Rs. 5000/- per yr for 5 yrs. for parents on birth of their Rs. 5000/- per yr for 5 yrs. for parents on birth of their

second daughter. Amount to be invested in Joint second daughter. Amount to be invested in Joint account( Mother and daughter. Maturity value for daughter account( Mother and daughter. Maturity value for daughter at age 18 w.e.f August 2005at age 18 w.e.f August 2005

National Surveillance Cell on the anvil by GOI to ensure National Surveillance Cell on the anvil by GOI to ensure better implementation of PC & PNDT Act.better implementation of PC & PNDT Act.

Former Hon’ble Union Minster and NCW, Chairperson, Former Hon’ble Union Minster and NCW, Chairperson, Dr. Girija Vyas hints at Urgent Need to Strengthen penal Dr. Girija Vyas hints at Urgent Need to Strengthen penal provisions of the Actprovisions of the Act

Post 2003 Amendments ScenarioPost 2003 Amendments Scenarioin response to the verdict of Hon’ble in response to the verdict of Hon’ble

Supreme Court of IndiaSupreme Court of India

Additional powers to Appropriate Authorities under Additional powers to Appropriate Authorities under the actthe act

He/She is the chief implementing authorityHe/She is the chief implementing authority Appointed by state governmentAppointed by state government State level advisory committee is now a multimember body State level advisory committee is now a multimember body

with representations from women's organization, Deptts. of with representations from women's organization, Deptts. of Law and Health & Family WelfareLaw and Health & Family Welfare

He/She advises the advisory committees at He/She advises the advisory committees at state/district/sub-district levelsstate/district/sub-district levels

Responsibilities of Appropriate Responsibilities of Appropriate AuthorityAuthority

Granting of registration to clinics after due inspection and Granting of registration to clinics after due inspection and investigation.investigation.

Conducting investigations into any alleged breach of the Conducting investigations into any alleged breach of the provisions of the Act and enforcing standardsprovisions of the Act and enforcing standards

Initiating legal action against those involved in sex Initiating legal action against those involved in sex determination practice.determination practice.

Suspending or canceling registration pursuant to investigations Suspending or canceling registration pursuant to investigations and seeking the opinion of the Advisory Committeeand seeking the opinion of the Advisory Committee

Creating public awareness on the issue of sex determinationCreating public awareness on the issue of sex determination Recommending changes in the Act and Rules to the Central and Recommending changes in the Act and Rules to the Central and

State Supervisory BoardsState Supervisory Boards Preparation of quarterly reports.Preparation of quarterly reports. Any other function that may be required for the implementing Any other function that may be required for the implementing

the law.the law.

Investigative Powers of Appropriate Investigative Powers of Appropriate AuthorityAuthority

Summoning of any person who is in possession of any Summoning of any person who is in possession of any information relating to the violations of the provisions of the information relating to the violations of the provisions of the rulesrules

Seeking the production of any document or material in relation Seeking the production of any document or material in relation to the aboveto the above

Issuing a search warrant for any place suspected of conducting Issuing a search warrant for any place suspected of conducting sex determination or sex selection tests.sex determination or sex selection tests.

Conducting search and seizures at the premises, where they Conducting search and seizures at the premises, where they believe violations of the law has happened in accordance with believe violations of the law has happened in accordance with the relevant provisions contained in the code of criminal the relevant provisions contained in the code of criminal procedureprocedure

To use the amount raised by way of registration fee/fines, for To use the amount raised by way of registration fee/fines, for activities connected with implementation of the act.activities connected with implementation of the act.

Outcome of implementation of PC & PNDT Act 1996 Outcome of implementation of PC & PNDT Act 1996 (with amendments in 2003)(with amendments in 2003)

As on Dec., 2004As on Dec., 2004

States/UT No. of Est./clinics No. of court/police No. of machines

registered cases seized/sealed

Gujarat 2269 14 -

Karnataka 1749 28 -

Andhra Pradesh 2141 08 -

Haryana 893 22 51*

Punjab 1155 51 10

Delhi 1779 73 --

Himachal Pradesh 160 -- 1

Rajasthan 960 3 2

Chhattisgarh 300 -- --

Jharkhand 116 -- --

Orissa 279 1 1

41 USC cancelled / 59 USC suspended

Efforts by NCTDEfforts by NCTD

As per information upto 31.03.2005As per information upto 31.03.2005Total No. of regd. facilities under PNDT ActTotal No. of regd. facilities under PNDT Act 18601860

Genetic counseling CenterGenetic counseling Center 211211

Genetic LaboratoriesGenetic Laboratories 222222

Genetic clinics/ Imaging centersGenetic clinics/ Imaging centers 462462

Ultrasound ClinicUltrasound Clinic 159159

Jointly as any combination of aboveJointly as any combination of above 774774

Mobile ClinicsMobile Clinics 3030

No. of Govt. facilitiesNo. of Govt. facilities 4545

No. of Complaints in the court for PNDT Act violationNo. of Complaints in the court for PNDT Act violation 7575

Hindustan Times New Delhi – 6Hindustan Times New Delhi – 6thth. August,2005. August,2005

Torpedo Attempt ThwartedTorpedo Attempt Thwarted

Sex determination Petition DismissedSex determination Petition Dismissed

Mumbai : The Hon’ble Mumbai high Court Mumbai : The Hon’ble Mumbai high Court dismisseddismissed an an application filed by a couple , Vinod Soni and his wife application filed by a couple , Vinod Soni and his wife Sunita , seeking permission to undergo sex determination Sunita , seeking permission to undergo sex determination test as they desired to have a baby girl. A division bench of test as they desired to have a baby girl. A division bench of Justice V.G.Palshikar and V.C.Daga dismissed the Justice V.G.Palshikar and V.C.Daga dismissed the application stating that there is no such provision in the lawapplication stating that there is no such provision in the law

The Indian Express : Ahmedabad : Tuesday : June 14’2005The Indian Express : Ahmedabad : Tuesday : June 14’2005

UNION GOVT ACTS TUFFUNION GOVT ACTS TUFF

Recently formed Recently formed National Inspection National Inspection Monitoring committee sealed Monitoring committee sealed 3 large 3 large hospitalshospitals and issued show cause notices and issued show cause notices to some within NCTD,to some within NCTD, for varying for varying degrees of noncompliance of the Act. degrees of noncompliance of the Act. In Faridabad and Ghaziabad,In Faridabad and Ghaziabad,

two clinics have been sealed for the two clinics have been sealed for the violation of the Act. violation of the Act.

DHANYABAADDHANYABAAD