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Published by: MA RA on Jul 25, 2012
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PC & P.N.D.T.

The clear decline in female sex-ratio in the age-group (0-6 years) ----

A genuine concern of Govt. of India.

Selective abortion of female foetus

emerges as the principal contributor

Brief Profile

Chapters 8, Total no. of Sections34  PC & PNDT (Prohibition of Sex Selection) , Rules 1996, Total no. of Rules - 19, including appeals procedures dealt with in respective sections.

Relevant Sections

 

Sec.1- Short title, extent and commencement Sec.2- Definitions Sec.3- Regulation of Genetic Clinics and Labs. Sec.3A- Prohibition of sex selection Sec.3B- Prohibition on sale of ultrasound machines to unregistered clinics.

N.4.T.procedure/facilities  Sec.Sections 4-6 Sec.  .  Sec.Written consent of pregnant woman.6.Determination of sex of foetus in utero prohibited.D.5.Regulation of P. prohibition of communicating the sex of foetus in utero.

Sec. Supervisory Board. Sec.7. Sec. and U. Sec. of office of members.9.Functions of the Board.Eligibility for reappointment.Constitution of State.15.Disqualification of members.Board meetings. Sec.16.Temporary association.Authentication of orders.12.11.Appointment of officers and employees. Sec.Constitution.Vacancies.T. Sec. Sec. Sec.Central Supervisory Board (Sections 7-16A)            Sec. Sec. .16A.

 .17A.17.Powers of Appropriate Authorities.Appropriate Authority and Advisory Committee Sec.Appropriate Authority and Advisory Committee.  Sec.

 Sec.  .Appeal.Registration of Genetic Clinics and Laboratories Sec.Registration of Genetic Centers.18.Certificate of registration.Cancellation or suspension of registration.21.19.  Sec.20.  Sec.

non-bail able and non-compoundable.Makes the Appropriate Authority as the complainant in the court of Metropolitan Magistrate or Judicial Magistrate.D.Presumption in the case of conduct of P.22. First Class.Offences by companies. Sec.N.Offences and Penalties        Sec.27. Sec.Prohibition of advertisement relating to P.24.26.Offences and Penalties.28. Sec.23.25. techniques.N. Sec.T.Offences to be cognizable.D. Sec.T.Penalty for contravention of the provisions of the Act. Sec. .

Miscellaneous    Sec. to search and seize records of the Genetic Clinics in response to a complaint or an information that sex selection is being done anywhere.Prescribes for the maintenance of records and documents for a period of 2 years. Sec.A.A.30.29. . Sec31.Protection of action taken in good faith to A.Gives the power to the A.

34. Sec. Sec.32. to make rules for carrying out the provisions of the Act. .Rules and Regulations to be laid before the Parliament.Removal of difficulties in giving effect to the provisions of amended act of P.33.T.D. by notification in the Official Gazette which makes regulations for the time to time functioning of the Board. Sec.The Supervisory Board with the sanction of the Central Govt.More Miscellaneous      Sec.31A.Provides powers to the Central Govt.N.

N.T.Certificate of Registration.(Rule9(2)).Rejection of Application for Grant/Renewal of Registration. .(Rule6(3) 6(5)& 8(3)).Forms to be filled in the PC & P. Form C. Form B.Maintenance of records by Genetic Clinics.Application for Registration or Renewal. Form A.(Rule6(2) & 8(2) & 6(5). Form D. Act       There are 8 forms.A to H.(Rules4(1) & 8(1)).D.

D.Sec.)      Form E. Form H.Form for maintenance of permanent records of application for grant/rejection of Registration under the PC& P.Form of Consent.Rule9(5).Rule9(3).Rule10.N.4(3).Forms to be filled (Contd. Act of 1994.Maintenance of Records by Genetic Laboratories. Form F. Form G. .Rule9(4) & Rule10(1A)Maintenance of records in respect of pregnant woman in the Genetic and Ultrasound Clinics.T.

1996: 2003: IPC had provisions for punishment for causing miscarriages Govt. Initiatives Pre independence period : Female infanticide was prohibited under law  1860:      1978: 1988: 1994.Chronology of Govt. directive banning Amniocentesis to determine Foetal sex Maharahstra regulation of PNDT PNDT act enacted by Parliament The Act put into operation Amended as PC and PNDT act .

Orders/ Judgments of Supreme court of India   CWP 301 of 2000 Center for enquiry into Health and allied themes: CEHAT/ MASUM & Ors Vrs. GOI to set up inspection and monitoring committee   .Act not applicable to J&K 7. Directions issued to all concerned Order – Inter alia hinted at total slackness in implementing the Act – Non submission of qrly. returns to CSB – Delay in filing affidavits . Union of India and Ors Observation  Non implementation of PNDT Act by Union and states.2001 – Order – Necessary affidavits to be filed within three weeks .

2002 – Order – H & FW Secretaries of Union/States/UTs to appear personally in the court for hearing 30.Contd…………    29.2002 – Order – Union Of India / States to ask for help from IMA / Radiologists Assn/ FOGSI for information on actual users of Ultra Sound device within their premises .03.2002.Order – GOI to frame appropriate rules for sale of Ultra Sound Machines and prohibited sale to un regd.01. Clinics 05.04.

Haryana and Delhi lead in Child Sex Ratio decline .ALARMING TREND Punjab.

Global Scenario No. U. N. 1995 .. of women per 100 men         Europe & North America Latin America Caribbean Sub-Saharan Africa South East Asia Central Asia South Asia India 105 100 103 102 100 104 95 93 Source: The World Women-Trends & Statistics.N.Y.

Indian Scenario Sex ratio in states with widespread use of sex determination tests States Punjab 1991 875 2001 798 Fatehgarh Sahib HP Haryana Delhi South Delhi 951 879 915 754 896 819 821 780 Gujarat Source: Census India 2001 928 878 .

Child Sex Ratio in the States and Union Territories State Gujarat Uttaranchal D&N Haveli 1991 928 948 1013 2001 878 906 973 Year -50 -42 -40 Daman & Diu Goa Maharastra Arunachal Pradesh Nagaland Orissa 958 964 946 982 993 967 925 933 917 961 975 950 -33 -31 -29 -21 -18 -17 .

State Bihar Jharkhand 1991 953 979 2001 938 966 Year -15 -13 Manipur Madhya Pradesh Uttar Pradesh Meghalya Assam 974 941 927 986 975 961 929 916 975 964 -13 -12 -11 -11 -11 Andhra Pradesh Karnataka Chhatisgarh 975 960 984 964 949 975 -11 -11 -9 .

State Tamil Nadu A & N Islands Rajasthan Pondicherry 1991 948 973 916 963 2001 939 965 909 958 Year -9 -8 -7 -5 West Bengal 967 963 -4 .

State Lakshadweep 1991 941 2001 974 Year 33 Sikkim Tripura Kerala Mizoram Jammu & Kashmir 965 967 958 969 NA 986 975 963 971 937 21 8 5 2 NA India 945 927 -18 .

6 Yrs) Law Provides Anyone seeking help for sex selection faces a 5 years jail and fine of Rs.Demographic Catastrophe vs.Medical practitioners found aiding sex determination can lose his registration .000.00. The Law Increasing use of medical ultrasound to determine the sex of the foetus Consequence Drastic decline in child sex ratio ( 0. 1.

Progressive Demographic Imbalance A greater threat to Nation’s population Stabilization efforts and society than population explosion .

50.000/.or more .to Rs. 25000/. Price Rs.Fall out of Modern Technology based procedures      In vitro fertilization and embryo transfer Amniocentesis/Chorion-villi Biopsy/Ultrasound & imaging used for pre-natal diagnosis Widespread misuse for sex determination of foetus. in utero Rise in commercial trading in sex determination practice/sperm and ovum donation/renting of womb etc.

now.women species endangered  Drives daughters for slaughter  Misconceived reasoning  Rs. 5.000/. 5.000/.later.Pre birth elimination of girls Makes . if female child lives and gets married .00. if a female child is aborted Rs.

PC & PNDT Act. 1994 Prescribes • Compulsory Registration of centres using U/S machines • • • • • Regulates facilities/services/personnel handling services Prohibits communication (directly/indirectly) of information on sex of foetus to the client / relatives Provides for punishments to the guilty Encourages promotion of Behavior Change Communication activities for target clients An Act that ensures clients’ welfare and respect/dignity towards women .

Reframing the Mindset     Emphasis on socio-economic support to children of either sex Doing away with dowry system and not daughters Recognize equal growth and development potentiality in boys and girls Ensuring equal share in parental property for boy/girl (either by law/voluntary action) by parents .

e.per yr for 5 yrs.f 01.1. Amount to be invested in Joint account( Mother and daughter.Initiative by State         PNDT Act 1994 (operative 1. Chairperson. Dr.e. Former Hon’ble Union Minster and NCW. of Haryana A reduction of age from 60 to 55 for pension to parents having daughters only w.2006 Rs. Girija Vyas hints at Urgent Need to Strengthen penal provisions of the Act . 5000/. Maturity value for daughter at age 18 w.1996) PC & PNDT Act (Prohibition of sex determination) 2003 Several states have initiated the steps to enforce the said act War on declining sex ratio by Govt. for parents on birth of their second daughter.f August 2005 National Surveillance Cell on the anvil by GOI to ensure better implementation of PC & PNDT Act.01.

Post 2003 Amendments Scenario in response to the verdict of Hon’ble Supreme Court of India Additional powers to Appropriate Authorities under the act     He/She is the chief implementing authority Appointed by state government State level advisory committee is now a multimember body with representations from women's organization. Deptts. of Law and Health & Family Welfare He/She advises the advisory committees at state/district/sub-district levels .

Responsibilities of Appropriate Authority         Granting of registration to clinics after due inspection and investigation. Suspending or canceling registration pursuant to investigations and seeking the opinion of the Advisory Committee Creating public awareness on the issue of sex determination Recommending changes in the Act and Rules to the Central and State Supervisory Boards Preparation of quarterly reports. Any other function that may be required for the implementing the law. . Conducting investigations into any alleged breach of the provisions of the Act and enforcing standards Initiating legal action against those involved in sex determination practice.

Conducting search and seizures at the premises. for activities connected with implementation of the act. where they believe violations of the law has happened in accordance with the relevant provisions contained in the code of criminal procedure To use the amount raised by way of registration fee/fines. .Investigative Powers of Appropriate Authority      Summoning of any person who is in possession of any information relating to the violations of the provisions of the rules Seeking the production of any document or material in relation to the above Issuing a search warrant for any place suspected of conducting sex determination or sex selection tests.

. of Est. of court/police cases 14 28 08 22 No./clinics registered 2269 1749 2141 893 No.Outcome of implementation of PC & PNDT Act 1996 (with amendments in 2003) As on Dec. 2004 States/UT No. of machines seized/sealed 51* Gujarat Karnataka Andhra Pradesh Haryana Punjab Delhi Himachal Pradesh Rajasthan 1155 1779 160 960 51 73 -3 10 -1 2 Chhattisgarh Jharkhand Orissa 300 116 279 --1 --1 41 USC cancelled / 59 USC suspended .

03. facilities under PNDT Act Genetic counseling Center Genetic Laboratories Genetic clinics/ Imaging centers Ultrasound Clinic Jointly as any combination of above Mobile Clinics No.Efforts by NCTD As per information upto 31. of Govt. of regd. facilities No.2005 1860 211 222 462 159 774 30 45 75 .2005 Total No. August. of Complaints in the court for PNDT Act violation Hindustan Times New Delhi – 6th.

A division bench of Justice V.C. Vinod Soni and his wife Sunita . seeking permission to undergo sex determination test as they desired to have a baby girl.Daga dismissed the application stating that there is no such provision in the law The Indian Express : Ahmedabad : Tuesday : June 14’2005 .G.Torpedo Attempt Thwarted Sex determination Petition Dismissed Mumbai : The Hon’ble Mumbai high Court dismissed an application filed by a couple .Palshikar and V.

UNION GOVT ACTS TUFF Recently formed National Inspection Monitoring committee sealed 3 large hospitals and issued show cause notices to some within NCTD. two clinics have been sealed for the violation of the Act. for varying degrees of noncompliance of the Act. In Faridabad and Ghaziabad. .


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