(IGP) Special Current Affairs Material for IAS (Pre) 2013 - PIB "Topic : Pre-conception & Pre-natal Diagnostics Techniques Act, 1994"

Chapter: Gist of Press Information Bureau Articles

Topic: Pre-conception & Pre-natal Diagnostics Techniques Act, 1994

Q.  Give the timeline of actions taken regarding Pre-natal diagnostic ban?

• Female infanticide had been prohibited through legislation in pre-independence period and certain provisions were included in the Indian Penal code, 1860 for punishing causing miscarriages and other such offences but with the advent of diagnostic technology to detect the sex of the foetus very early on in pregnancy, a need was felt for a specific law to prevent the misuse of technology which could lead to female foeticide.
• With the rise of pre-natal diagnostic techniques especially amniocentesis, the Government issued a directive banning its misuse in government hospitals/laboratories in 1978. Subsequently, in 1988 the Government of Maharashtra enacted the Maharashtra Regulation of Pre-natal diagnostic Techniques Act.
• The Pre-conception & Pre-natal Diagnostics Techniques (PC & PNDT) Act, 1994 was enacted in response to the decline in Sex ratio in India, which deteriorated from 972 in 1901 to 927 in 1991.
• Parliament enacted the PNDT Act, 1994 comprehensively defining various terms, prohibiting the misuse of pre-natal diagnostic techniques to detect the sex of the foetus before or after conception and prescribing penalties.

Q. Which state became first to ban pre-natal sex determination?

In 1988, the State of Maharashtra became the first in the country to ban pre-natal sex determination through enacting the Maharashtra Regulation of Pre-natal Diagnostic Techniques Act.

Q. Pre-conception & Pre-natal Diagnostics Techniques (PC & PNDT) Act, 1994/ Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994?

• Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act was enacted on September 20, 1994. This act came into force in the year 1996. 

• The Act was amended in 2003 following a PIL filed in 2000 to improve regulation of technology capable of sex selection and to arrest the decline in the child sex ratio as revealed by the Census 2001. With effect from February 14, 2003, due to the amendments, the Act is known as the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

• The main purpose of enacting the PC & PNDT (prohibition of Sex Selection) Act, 1994 has been to ban the use of sex selection techniques before or after conception. Prevent the misuse of pre-natal diagnostic techniques for sex selective abortions and Regulate such techniques.

Q. Why amendment to the PNDT Act was done?

Amendments to the Act mainly covered:

• bringing the technique of pre-conception sex selection within the ambit of the Act,

• Bringing the use of Ultrasound Machines within the purview of the Act more explicitly,

• Further empower the Central Supervisory Board for monitoring the implementation of the Act,

• Constitution of State level Supervisory Boards and a multi-member State Appropriate Authority for better implementation,

• More stringent punishments, Empowering the Appropriate Authorities with the powers of the Civil Court for search, seizure and sealing themachines/equipments/records of the violators, including sealing the premises and commissioning of witnesses,

• making mandatory the maintenance of proper records in respect of the use of ultrasound machines and

• Regulate the sale of ultrasound machines only to the registered bodies.

Q. What are the provisions of the PC & PNDT Act?

The Act has the following main provisions:

• Registration: All bodies under the PC & PNDT Act, 1994, namely Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics cannot function unless registered. The requirement of registration is mandatory whether the body is government, private, voluntary, honorary, part-time, contractual or consultative. Registration of these bodies as a centre and/or clinic can be done jointly or separately.

• Prohibitions: The PC & PNDT Act, 1994 prohibits sex selection before or after conception and misuse of pre-natal diagnostic techniques for determination of the sex of the foetus as also advertisements in relation to such techniques for detection or determination of sex. The Act specifies punishments for violation of its provisions.

• Implementation: The Act is implemented through the following agencies -Central Supervisory Board (CSB); State Supervisory Boards (SSBs) and Union Territory Supervisory Boards (UTSBs).

• Maintenance & Preservation of Records: The Act and Rules deal elaborately with the maintenance and preservation of proper records. This has two advantages; i) From the point of view of the centre/clinic if there is a complaint the records can prove their action to be in accordance with the law and, ii) From the point of view of the Implementing Authorities the records can help in establishing compliance while non-maintenance itself can give rise to a cause of action indicating probable misuse of diagnostic techniques.

• Search, Seizure & Sealing Powers: When an Appropriate Authority or any other authorized officer has reason to believe that an offence has been committed under the Act, he may search any place suspected to be conducting pre-natal diagnostic techniques. They are empowered with the powers of Civil Court for search, seizure and sealing the machines, equipments and records of the violators of law including sealing of premises and commissioning of witnesses.

Q. What are the penalties under the PNDT Act?

• Breach of any provision by the service provider: 3 years imprisonment and/or a fine of Rs. 10,000/-;

• For any subsequent offence: 5 years imprisonment and/or fine of Rs. 50,000/ - (Section 23 (1));

• Medical Professionals: AA will inform the State Medical Council and recommend suspension of the offender’s registration if charges are framed by the court and till the case is disposed off; removal of name from the register for 5 years on 1st conviction and permanently in case of subsequent breach (Section 23 (2));

• Persons seeking to know the sex of the foetus (A woman will be presumed to have been compelled by her husband and relatives): Imprisonment extending up to 3 years and a fine of up to Rs. 50,000/-; For subsequent offences: Imprisonment upto 5 years and or a fine of Rs. 1,00,000/- (Section 23 (3));

• Persons connected with advertisement of sex selection/sex determination services: Imprisonment up to 3 years and/or a fine of Rs. 10,000/- with additional fine of continuing contravention at the rate of Rs. 500/- per day (Section 22 (3));

• Advertisement for the purpose of Section 22 (3) includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media in electronic or print form and also includes visible representation made by means of any hoarding, wall painting, signal, light, sound, smoke, gas, etc.;

• Contravention of provisions of the PC & PNDT Act, 1994 for which no specific punishment is provided in the Act are punishable with imprisonment up to 3 months and/or fine of Rs. 1,000/- with additional fine of continuing contravention at the rate of Rs. 500/- per day (Section 25);

• Such contraventions can be presumed to be the non-maintenance of records, non- compliance with standards prescribed for the maintenance of units, etc.

• The offences under the Act are cognizable, non-bailable and non-compoundable.

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