Background

• Enacted to address the declining child sex ratio caused by female foeticide
• Misuse of ultrasound and other diagnostic technologies enabled sex determination
• Originally enacted as PNDT Act, 1994
• Amended in 2003 to include pre-conception sex selection, renamed as PCPNDT Act

Objectives

• Prohibit sex selection before and after conception
• Prevent misuse of prenatal diagnostic techniques
• Regulate diagnostic technologies for legitimate medical purposes only
• Improve child sex ratio and promote gender equality

Scope of the Act

• Applies to all genetic counselling centres, genetic laboratories, genetic clinics
• Covers ultrasound clinics and imaging centres
• Extends to both public and private medical facilities

Key Provisions

• Sex selection before or after conception is completely prohibited
• Prenatal diagnostic techniques permitted only for detecting
  • Genetic abnormalities
  • Chromosomal disorders
  • Congenital malformations
  • Sex-linked diseases
• Disclosure of the sex of the fetus in any form is banned
• Written consent of the pregnant woman is mandatory
• Compulsory maintenance of detailed medical records

Regulatory Authorities

• Appropriate Authorities appointed at central, state and district levels
• Powers include
  • Registration and cancellation of clinics
  • Inspection and search
  • Seizure of equipment
  • Initiation of legal proceedings
• Advisory Committees assist authorities on implementation and awareness

Offences and Penalties

• Sex determination or sex selection is a punishable offence
• Medical practitioners may face
  • Imprisonment up to three years for first offence
  • Monetary fines
  • Suspension or cancellation of medical license
• Repeat offences attract stricter punishment
• Persons seeking or abetting sex determination are also liable

Importance of the Act

• Legal tool to combat gender discrimination before birth
• Reinforces constitutional values of equality and dignity
• Protects the rights of the girl child
• Supports national efforts to improve sex ratio

Implementation Challenges

• Underreporting of violations
• Collusion between families and medical practitioners
• Use of unregistered or illegal facilities
• Weak monitoring and lack of awareness at grassroots level

Way Forward

• Strengthen inspection and surveillance mechanisms
• Digitisation of records and real-time monitoring of clinics
• Capacity building of enforcement authorities
• Public awareness and social behaviour change campaigns
• Integration with women empowerment and education initiatives