PCPNDT Act 1994 What is female feticide Female

PCPNDT Act , 1994

What is female feticide? Female feticide aborting a female fetus after sex determination test ultra-sonography, helps determine abnormalities in the fetus. misused to find out sex of the fetus and abort it if it is a girl. 12/1/2020 2

Why is female feticide a problem ? Increase in violence against women- violation of their human rights. Abortion due to family pressures to have male child effect on mental and physical health of woman. More men in society due to sex selective abortions. 12/1/2020 3

Indian Penal Code, 1860 12/1/2020 4

Indian Penal Code, 1860 12/1/2020 5

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Pre-natal Diagnostic Techniques includes Ultra-sonography, Foetoscopy, Taking samples of amniotic fluid, embryo, blood or any tissue or fluid of pregnant women before or after conception, Testing samples in Genetic Laboratory to detect genetic disorders, abnormalities or sex-linked diseases 12/1/2020 6

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Imposes restrictions on: Clinics, medical personnel and sale of machines üOnly registered genetic clinics can use prenatal diagnostic techniques üBy qualified medical practitioner üProhibition of sex-selection üProhibition on sale of ultrasound machine to unregistered laboratories, clinics & persons 12/1/2020 7

Sec. 3 A Prohibition of sex selection No person, including a specialist or a team of specialists in the field of infertility, shall conduct or cause to be conducted or aid in conducting by himself or by any other person, sex selection on a woman or a man or on both or on any tissue, embryo, conceptus, fluid, or gametes derived from either or both of them. 12/1/2020 8

Sec. 3 B Prohibition on sale of ultrasound machine, etc. , to persons, laboratories, clinics, etc. , not registered under this act. No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic counseling center, Genetic clinic, and Genetic Laboratory or any other person not registered under this act. 12/1/2020 9

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 PNDT can be used for detection of abnormalities: ØChromosomal Abnormalities ØGenetic Metabolic Diseases ØHaemoglobinopathies ØSex-linked genetic diseases ØCongenital abnormalities ØAny other abnormalities 12/1/2020 10

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 üPNDT in following conditions: ØAge of pregnant women is above 35 years ØTwo or more spontaneous abortions ØPregnant women has been exposed to drugs, radiation, infection or chemicals ØFamily history of mental retardation or physical deformities ØAny other condition 12/1/2020 11

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 üEssential communications Ø Explanation of all known side/ after effects & test procedures Ø Written consent in prescribed form & its copy given to her Ø Not to disclose sex of the fetus by words, signs etc. Ø Display prominently in local language that disclosure of sex of fetus prohibited under law. Ø Registration certificate to be displayed prominently in the clinic. 12/1/2020 12

Regulatory Body Policy Making Body Implementing Body Advisory Committee Central Supervisory Board State Appropriate Authority State Advisory Committee State Supervisory Board District Appropriate Authority District Advisory Committee Sub-District Appropriate Authority Sub District Advisory Committee

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Husbands and relatives üCannot ask or encourage pre-natal diagnostic techniques expect for reasons permitted under law. Publishing and advertising üIllegal: No person, organization, counseling centre, clinic or laboratory is allowed. 12/1/2020 14

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Violation üImprisonment of 3 years and Rs 10000 (50000) fine, but subsequent conviction punishable with imprisonment for 5 years and Rs 50000 (1, 000) fine. üOffence to be cognizable, non-bailable and noncompoundable 12/1/2020 15

Implementation of PCPNDT Act Implemented by Appropriate Authority Role ü To grant, suspend or cancel registration ü Enforce standards ü Investigate complaints of breach of provisions Complaints ü Can be made by any person/social organisation ü The chief medical officer to investigate ü Can approach court if chief medical officer does not take action Court ü Judicial Magistrate First Class or Metropolitan 12/1/2020 Magistrate 16

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Advisory committee The advisory committee shall consist of – · Three medical experts from gynaecologists, obstetricians, paediatricians and medical geneticist; · One legal expert · One officer to represent the dept. dealing with information and publicity of the State govt. · Three eminent social workers, at least one from the women’s organisations. 12/1/2020 17

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 The advisory committee may meet as necessary on the request of the AA. for consideration of any application for registration and to give advice thereon; provided that the period intervening between any two meetings shall not exceed sixty days (rule 15) 12/1/2020 18

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 An application for registration shall be made to the A. A. , in duplicate, in form A duly accompanied by an affidavit containing – An undertaking to the effect that the Genetic counselling center, Genetic clinic, and Genetic Laboratory shall not conduct any test pr procedure for selection of sex before or after conception or for detection of sex of foetus except for diseases specified in sec 4(2) nor shall the sex of foetus be disclosed to any body, 12/1/2020 19

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 An undertaking to the effect that the Genetic counselling center, Genetic clinic, and Genetic Laboratory shall display prominently a notice that they do not conduct any techniques, test or procedure, etc. , by whatever name called, for detection of sex of foetus or for selection of sex before or after conception The A. A. , or any person in his office authorized in this behalf, shall acknowledge receipt of the application for registration, in the acknowledgement slip provided at the bottom of form A, immediately if delivered at the office of the A. A. , or not later then the next working day if received by post. 12/1/2020 20

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Certificate of registration The Appropriate Authority shall after holding an inquiry and after satisfying itself that the applicant has complied with all the requirements of this act and the rules made thereunder and having regard to the advise of the advisory committee in this behalf, grant a certificate in of registration in the prescribed form (form B) jointly or separately to the G. C. C. /GC. / GL. , as the case may be. 12/1/2020 21

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 If after holding inquiry and after giving an opportunity of being heard to the applicant and having regard to the advice of the advisory committee, the appropriate authority is satisfied that the applicant has not complied with the requirements of this act or the rules, it shall, for the reasons to be recorded in writing, reject the application for registration and will be communicated to applicant in Form C. 12/1/2020 22

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Every registration shall be renewed in such manner and after such period and on payment of such fees as may be prescribed The certificate of registration shall be displayed by the registered Genetic counselling center, Genetic clinic, Genetic Laboratory, Ultrasound clinic or imaging center in a conspicuous place at its place of business 12/1/2020 23

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Validity of Registration-Every certificate of registration shall be valid for a period of five years from date of issue Cancellation or suspension of registration The A. A. may suo moto, or on complaint, issue a notice to the Genetic counselling center, Genetic clinic, Genetic Laboratory to show cause why its registration should not be cancelled or suspended for the reasons mentioned in the notice. 12/1/2020 24

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 If after giving a reasonable opportunity of being heard to the Genetic counselling center, Genetic clinic, Genetic Laboratory and having regard to the advice of the advisory committee, the A. A. is satisfied that there has been a breach of the provisions of this act or the rules, it may, without prejudice to any criminal action that it may take against such center, Lab. , or clinic, suspend its registration for such period as it may think fit or cancel its registration, as the case may be. 12/1/2020 25

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Notwithstanding anything contained in above sub -sec. , if the A. A. is of the opinion that it is necessary or expedient so to do in the public interest, it may, for reason to recorded in writing, suspend the registration of any Genetic counselling center, Genetic clinic, Genetic Laboratory without issuing any such show cause notice. 12/1/2020 26

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Maintenance and preservation of records Genetic Counselling , Genetic Laboratory, Genetic Clinic or ultrasound clinic or imaging center shall maintain a register showing, in serial order, the names and addresses of the men or women given genetic counselling, subjected to pre natal diagnostic procedure or test, the name of their spouse or father and the date on which they first reported for such counselling, procedure of test. 12/1/2020 27

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 The record to be maintained by every Genetic counselling center, in respect of each women counselled shall be specified in Form D The record to be maintained by every Genetic Laboratory, in respect of each man or woman subjected to any pre-natal diagnostic procedure/technique/test, shall be as specified in Form E. 12/1/2020 28

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 The record to be maintained by every Genetic Clinic, in respect of each man or woman subjected to any pre-natal diagnostic procedure/technique/test, shall be as specified in Form F. The A. A. shall maintain a register a permanent record of application for grant or renewal of certificate of registration as specified in form H. 12/1/2020 29

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Before conducting pre implantation genetic diagnosis, or any pre-natal diagnostic technique/test/procedure such as amniocentesis, chorionic villi biopsy, foetoscopy, foetal skin or organ biopsy or cordocentesis, a written consent, as specified in Form G, in a language the person undergoing such procedure understands, shall be obtained from her/him. 12/1/2020 30

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Person conducting ultrasonography on a pregnant woman shall keep a complete record thereof in the clinic in such manner as may be prescribed any deficiency or inaccuracy found therein shall amount to contravention of provisions of sec. 5 or sec. 6 unless the contrary is proved by the person conducting such ultrasonography 12/1/2020 31

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Intimation of changes in employees, place or equipment – Genetic Laboratory/Genetic Clinic/ Genetic Counselling center shall intimate every change of employee, place, address and equipment installed, to the A. A. with in a period of thirty days of such change. (Rule 13) 12/1/2020 32

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Public Information (Rule 17 ) Prominently display of notice of its premises in English and in the other local language or language for the information of the public, to the effect that disclosure of sex of foetus is prohibited under law. At least one copy of the act and the rule shall be available. The A. A. , and the state govt. may publish periodically lists of registered centers and findings from the reports and other information in their possession, for the information of the public and 12/1/2020 33 for use by the experts in the field.