Pre-conception & Pre-natal Diagnostics Techniques (PC & PNDT) Act, 1994
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.
- The main purpose of enacting the act is to ban the use of sex selection techniques before or after conception and prevent the misuse of prenatal diagnostic technique for sex selective abortion.
- Offences under this act include conducting or helping in the conduct of prenatal diagnostic technique in the unregistered units, sex selection on a man or woman, conducting PND test for any purpose other than the one mentioned in the act, sale, distribution, supply, renting etc. of any ultra sound machine or any other equipment capable of detecting sex of the foetus.
Main provisions in the act are:
The Act provides for the prohibition of sex selection, before or
after conception.
- It regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing them their use only to detect few cases.
- No laboratory or centre or clinic will conduct any test including ultrasonography for the purpose of determining the sex of the foetus.
- No person, including the one who is conducting the procedure as per the law, will communicate the sex of the foetus to the pregnant woman or her relatives by words, signs or any other method.
- Any person who puts an advertisement for pre-natal and pre-conception sex determination facilities in the form of a notice, circular, label, wrapper or any document, or advertises through interior or other media in electronic or print form or engages in any visible representation made by means of hoarding, wall painting, signal, light, sound, smoke or gas, can be imprisoned for up to three years and fined Rs. 10,000.
- The Act mandates compulsory registration of all diagnostic laboratories, all genetic counselling centres, genetic laboratories, genetic clinics and ultrasound clinics.
Pre-Natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994 (PNDT), was amended in 2003 to The Pre-Conception and
Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act (PCPNDT Act)
to improve the regulation of the technology used in sex selection. The Act was
amended to bring the technique of pre conception sex selection and ultrasound
technique within the ambit of the act. The amendment also empowered the central
supervisory board and state level supervisory board was constituted. 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.
:::Latest::: SC sets deadline for blocking online sex selection ads:
Rapping online search engines like Google, Yahoo and Microsoft for patently violating Indian law, the Supreme Court recently asked the Centre to hold a meeting with their technical experts so as to find a solution to check advertisements and information on pre-natal sex determination being hosted by them.
- The court has asked the Centre to convene a meeting of technical experts and the search engines within 10 days to explore ways to block such advertisements.
Background:
The apex court had in January last year directed the search engines to strictly comply with Indian laws and lock advertisements on sex determination of a foetus.
