pcpndt act, 1994

What is female feticide?

Female feticide- aborting a female fetus after sex determination

testultra-sonography, helps determine abnormalities

in the fetus. misused to find out sex of the fetus and abort it if

it is a girl.

01/08/13 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.

01/08/13 3

Indian Penal Code, 1860

Section 312: Without analyzing the threat to the life of women

Section 313: Without the consent of the women

Section 314: Trying to cause miscarriage and thereby causing death

Section 315: An act done to prevent a child from being born/ or born alive concealing the birth of a child

01/08/13 4

Indian Penal Code, 1860

Section 316: Act resulting in death of an unborn child

Section 317: Mother or father abandoning the child

Section 318: Secretly disposing body of child/ intentionally

01/08/13 5

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex

Selection) Act, 1994

Pre-natal Diagnostic Techniques includeUltra-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

01/08/13 6


Selection) Act, 1994

Imposes restrictions on:Clinics, medical personnel and sale of

machines Only registered genetic clinics can use pre-

natal diagnostic techniquesBy qualified medical practitionerProhibition of sex-selectionProhibition on sale of ultrasound machine to

unregistered laboratories, clinics & persons

01/08/13 7

01/08/13 8

Sec.3A Prohibition of sex selection

01/08/13 9

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of

Sex Selection) Act, 1994PNDT can be used for detection of

abnormalities:Chromosomal AbnormalitiesGenetic Metabolic DiseasesHaemoglobinopathiesSex-linked genetic diseasesCongenital abnormalitiesAny other abnormalities

01/08/13 10


Sex Selection) Act, 1994

PNDT in following conditions:Age of pregnant women is above 35 yearsTwo or more spontaneous abortionsPregnant women has been exposed to drugs,

radiation, infection or chemicalsFamily history of mental retardation or physical

deformitiesAny other condition

01/08/13 11



Essential communicationsExplanation of all known side/ after effects & test

proceduresWritten consent in prescribed form & its copy given to

her Not to disclose sex of the fetus by words, signs etc.Display prominently in local language that disclosure of

sex of fetus prohibited under law.Registration certificate to be displayed prominently in

the clinic.01/08/13 12

01/08/13 13

RegulatoryRegulatory BodyBody

Policy Making Body

Implementing Body

Advisory Committee

Central Supervisory

Board

Sub-District Appropriate Authority

District Appropriate Authority

State Appropriate Authority

Sub District Advisory

Committee

District Advisory Committee

State Advisory Committee

State Supervisory

Board


Sex Selection) Act, 1994Husbands and relatives

Cannot ask or encourage pre-natal diagnostic techniques expect for reasons permitted under law.

Publishing and advertisingIllegal: No person, organization, counseling

centre, clinic or laboratory is allowed.

01/08/13 14


Sex Selection) Act, 1994Violation

Imprisonment of 3 years and Rs 10000 (50000) fine, but subsequent conviction punishable with imprisonment for 5 years and Rs 50000 (1,00,000) fine.

Offence to be cognizable, non-bailable and non-compoundable

01/08/13 15

Implementation of PCPNDT Act

Implemented by Appropriate AuthorityRole

To grant, suspend or cancel registration Enforce standardsInvestigate complaints of breach of provisions

ComplaintsCan be made by any person/social organisationThe chief medical officer to investigateCan approach court if chief medical officer does not

take actionCourt

Judicial Magistrate First Class or Metropolitan Magistrate01/08/13 16


Sex Selection) Act, 1994Advisory 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.

01/08/13 17


Sex Selection) Act, 1994The advisory committee may meet

as necessaryon 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)

01/08/13 18


Sex Selection) Act, 1994An 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,

01/08/13 19


Sex Selection) Act, 1994An 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.

01/08/13 20


Sex Selection) Act, 1994Certificate of registrationThe 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.

01/08/13 21


Sex Selection) Act, 1994If 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.

01/08/13 22


Sex Selection) Act, 1994Every 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

01/08/13 23


Selection) Act, 1994Validity 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.

01/08/13 24


Selection) Act, 1994If 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.

01/08/13 25


Selection) Act, 1994Notwithstanding 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.

01/08/13 26


Sex Selection) Act, 1994Maintenance and preservation of recordsGenetic 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.

01/08/13 27


Sex Selection) Act, 1994The 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.

01/08/13 28


Sex Selection) Act, 1994The 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.

01/08/13 29


Sex Selection) Act, 1994Before 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.

01/08/13 30


Sex Selection) Act, 1994Person conducting ultrasonography on a

pregnant woman shall keep a complete record thereof in the clinic in such manner as may be prescribed and 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

01/08/13 31



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)

01/08/13 32


Sex Selection) Act, 1994Public 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 for use by the experts in the field. 01/08/13 33

pcpndt act, 1994

Education