Pre Natal Diagnostic Techniques Act 1994

Presente

Why is female foeticide a problem ?

Increase in violence against women- violation of their human rights. Abortion due to family pressures to have male child which has a drastic effect on mental and physical health of woman. More men in society due to sex selective abortions

HISTORY OF PNDT
The Pre-natal Diagnostic Techniques Act 1994, was enacted and brought into operation from 1st January, 1996, in order to check female foeticide. The person who contravenes the provisions of this Act is punishable with imprisonment and fine.

Recently, PNDT Act and Rules have been amended keeping in view -emerging technologies for selection of sex before and after conception -problems faced in the working of implementation of the ACT

PROVISIONS OF PNDT ACT

Prohibition of preconception and prenatal diagnostic technique for determination of the sex of the fetus to prevent female feticide. Prohibition of advertisement of PNDT techniques for detection or determination of sex. Permission & regulation of use of PNDT techniques for purpose of detection of specific genetic abnormalities of disorders.

PROVISIONS OF PNDT ACT

Permitting use of such techniques only under certain conditions by registered institutions Prohibition of sale of U.S.G. and other machines Punishment for violation of the provisions.

Amendment in 2003
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. Implications of the amendment are: 1. Amendment of the act mainly covered bringing the technique of pre conception sex selection within the ambit of the act 2. Bringing ultrasound within its ambit 3. Empowering the central supervisory board, constitution of state level supervisory board 4. Provision for more stringent punishments 5. Empowering appropriate authorities with the power of civil court for search, seizure and sealing the machines and equipments of the violators 6. Regulating the sale of the ultrasound machines only to registered bodies

Implementation Framework
National level, the Mission Steering Group(MSG) chaired by the Union Minister of Health and Family Welfare shall oversee the implementation of the PC&PNDT Act. At State level, the State Health Mission (SHM), chaired by the Chief Minister shall oversee implementation of the programme. The Director, the Nodal Officer for RCH II will be the implementing officer at the state level.
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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
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PNDT can be done at the following Places

Genetic Counseling Centre

Genetic Clinic Genetic Laboratory

Only the following places should be registered under the act by the proper regulatory authority.
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Act Imposes restrictions on: Clinics, medical personnel and sale of machines

Only registered genetic clinics can use prenatal diagnostic techniques

By qualified medical practitioner Prohibition of sex-selection

Prohibition on sale of ultrasound machine to unregistered laboratories, clinics & persons

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PNDT can be used for detection of abnormalities: Chromosomal Abnormalities

Genetic Metabolic Diseases

Haemoglobinopathies Sex-linked genetic diseases

Congenital abnormalities
Any other abnormalities
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PNDT in following conditions: Age of pregnant women is above 35 years Two or more spontaneous abortions
Pregnant women has been exposed to drugs, radiation, infection or chemicals Family history of mental retardation or physical deformities

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Offences & Penalties

Contravenes any of the provisions of this Act or & Amendments will result in imprisonment for a term which may extend to 3 years and with fine which may extend to 10,000 Rs. and on any subsequent conviction, with imprisonment which may extend to 5 years and with fine which may extend to 50,000 Rs.

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Offences & Penalties

Suspension of the registration if the charges are framed by the court and till the case is disposed of and on conviction for removal of his name from the register of the Council for a period of 5 years for the first offence and permanently for the subsequent offence.

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Offences & Penalties

Any person who seeks the aid of pre- natal diagnostic techniques on any pregnant women for the purposes other than those specified, he shall, be punishable with imprisonment for a term which may extend to 3 years and with fine which may extend to 50,000 Rs for the first offence and for any subsequent offence with imprisonment which may extend to 5 years and with fine which may extend to one lakh rupees.
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Offences & Penalties

Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided.-punishable with imprisonment for a term which may extend to 3 months or with fine, which may extend to 1000 Rs or with both and in the case of continuing contravention with an additional fine which may extend to 500 Rs for every day during which such contravention continues after conviction for the first such contravention.
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Current Status of PCPNDT Child sex ratio has not improved much.

Though offences and penalties has been specified, the power has not been exercised well. Over 789 cases lodged between 19962010, roughly 20 convicted. 436 cases in last two yrs. The funds are not being effectively utilezed.

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Current Status of PCPNDT The mandated mtgs are not held at various levels. NGO representation is missing. The committee members are at times not knowledgeable.

Implementation is faulty.

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PC PNDT Act 1994

Definition: An Act to provide for the regulation of the use of pre-natal diagnostic techniques for the purpose of detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders and for the prevention of the misuse of such techniques for the purpose of pre-natal sex determination leading to female foeticide; and, for matters connected there with or incidental thereto. Extend to the whole of India except the State of Jammu and Kashmir.
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