Background : Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994
- 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- Originally enacted as PNDT Act, 1994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
