Study to see the implementation of Pre

Conception And Pre Natal Diagnostic

Techniques Act (P.C-P.N.D.T Act) In State Of
Delhi.

Presented By –
Mitu Khurana,
Vinod Goyal,
Sharvari Ubale

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 INTRODUCTION

The major prohibitions under the PC-P.N.D.T Act are-

 Prohibition of sex selection ,before and after
conception(section 3A of the act)

 Prohibition of advertisement of any technique for sex

selection as well as sex determination (Sec 22 of the
Act)

 Prohibition on sale of ultrasound machines to persons

not registered under this Act (Rule 3A)
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 Penalties for the offences
Non-availability of copy of the Case may be launched in the court
PNDT Act in the registered centre of JMIC u/s 25 of the Act
Show cause notice u/s 20(1),(2)
for temporary suspension of
Non- Display of registration registration.
certificate in the centre.

Non-Display of Board in the

premises in English and Local
Language

Advertisement relating to pre- U/s 22(3) of the PNDT

conception and pre-natal Amendment Act, Case is to be
determination of sex launched in the court u/s 28 of the
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Act 3
Unregistered Centers/Machine
Record Keeping
Irregularities in record keeping as
per revised form ‘F’ are a major
offence
equipment to be sealed & seized
by the Appropriate Authority
concerned.
Launch the case in the court u/s
28 of the Act.
Registration granted after Penalty
& affidavit
Contravention (a major offence) of
provision of section 5 and 6 of the
Act and punishable U/s 23(1) of
the PNDT Act.

Sex Selection Violation of section 5 and 6 of the

Act and punishable u/s 23 of the
Act.

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Gujarat High Court in “Suo Motu Vs State Of Gujarat - on
30 September, 2008”

Any improper maintenance of record in itself is

equivalent to violation of the provisions of sections 5
and 6 (sub-section (3) of section 4 of the act.

Cases where the form F is not filled at all, or where the

vital details are lacking, such that the woman who has
undergone the ultrasound cannot be identified, than
this lapse cannot be passed over as a procedural lapse,
and has to be in all seriousness tried in a court of law.

5
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Centre For Enquiry Into Health And Allied Themes
(C.E.H.A.T) & Ors V. Union Of India & Ors [2003]
 Directed the appropriate authorities to take
prompt action against all bodies who are
operating without a valid certificate of registration
under the act.
 The centers which are unregistered are required
to be prosecuted by the authorities under
provisions of the act and there is no question of
issue of warning and to permit them to continue
their illegal activities.
 Appropriate authorities or any officer of the
central or the state government authorized in this
behalf is required to file complaint under section
28 of the act for prosecuting the offenders. 6
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National Support And Monitoring Cell (NSMC) In A Five
Month (15th May -14th October 06) Activity Report
Gave the observations that in state of Delhi-
 There was no list of the 81 complaints/ prosecutions
supposedly launched by the state authorities.
 Court cases were supposedly launched only against 3
out of 35 unregistered establishments found during
raids
 Out of other 46 complaints where cases were supposed
to be launched-1 clinic registration has been cancelled,
1 clinic fine was imposed of Rs.15,000/- only and Court
cases were launched against 19 cases, out of which 8
cases were later withdrawn at various stages.
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 (NSMC) concluded their study stating that in state of
Delhi
• Neither transparency nor clarity in the functioning
of the Authorities authorized under the PNDT Act.
• Wrong-reporting regarding the number of court
cases filed.
• Lack of accountability and will to enforce the law.
• The State is totally complacent on the issue, and
there is no monitoring of actions prescribed in the
Act,
• Total irresponsible reporting in flagrant violation of
norms, rules and regulations.
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 OBJECTIVE

To Study The Actions Taken Under The

P.C- P.N.D.T Act By The Implementing
Authorities In Delhi During The Time
Period From March 2008-march 2010
(Data Received By R.T.I)

9
2/25/2020
 DATA AND METHODS
 Data received by means of R.T.I filed in March
2010, regarding the actions initiated by the
implementing authorities against the
establishments found violating the provisions of
P.C-P.N.D.T act from March 2008-March 2010.
 Data was collected for all the nine districts of
Delhi.

10
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 DATA AND METHODS

• Data was divided into groups regarding:

i. Establishments found violating the provisions of the
act,
ii. Actions taken for various violations ,
iii. The status of the establishments at time of giving
reply to R.T.I
iv. Number of court cases filed in state of Delhi in the
past 2 years (i.e. from March 2008-March 2010
under the P.C-P.N.D.T act
11
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 FINDINGS

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 District Wise Break up of Establishments

199

82

45
31
21
8 9 9
0

13
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 SOUTH WEST DISTRICT
To t a l
No A c t i o n Ta ke n
Show Cause Notice And
Sealed Court Case
Open Closed Open Closed
0

H o w We r e T h e S e a l e d C e n t e r s O p e n e d

Penalty+ Strict
Affidavit Wa r n i n g O n l y Unknown
3 3 2
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O f fe n c e N o t M e n t i o n e d I n R e p l y To R .T. I
 SOUTH

Only Show
Show Cause Notice + Cause
To t a l N o Sealing Notice

21 5 16

Present
Status Open Closed Open Closed

5 0 16 0

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O f f e n c e N o t M e n t i o n e d I n R e p l y To R .T. I
 WEST

To t a l N o Show Cause Notice And Only Show Cause

(31) Sealing Notice

If Sealed Penalty
How Open +Affidavit Penalty

3 1 27

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O f fe n c e - N o t K e e p i n g R e c o r d s P r o p e r l y
 EAST
Unregistered
Center(2) A c t i o n Ta ke n U n k n o w n

Sting Operations
(2) A c t i o n Ta ke n U n k n o w n

Def In Routine Only Show

Inspection Sealing Court Case Cause Notice

22 0 0 22

Unregistered
Machine (1) A c t i o n Ta ke n U n k n o w n
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Clinic `s Sealed On Self Application -9
 EAST (contd.)
COURT CASE

SUSPENSION OF REGISTERATION

ONLY SHOW CAUSE NOTICE

36

0 0
1 7 0 2 0
3
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RECORD KEEPING LATE APPLICATION NO RADIOLOGIST 18
 CENTRAL DISTRICT

7 0

SEALING
SHOW CAUSE NOTICE

0 1

DEF IN RECORDS UNREGISTERED MACHINE

19
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 NORTH DISTRICT

12 SEALING

10 SHOW CAUSE NOTICE

9

6
2 4
2 2
0 0 0 1 0
0 2 0 0
0

20

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 NORTH-WEST DISTRICT
SHOW CAUSE NOTICE SEALING
0

151
0

48

LATE SUBMISSION NON SUBMISSION 21

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 NORTH-EAST

2 2 0 0 0 0 COURT CASE

1 1 1
1 1
SHOW CAUSE
0 0
NOTICE

22

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 OFFENCE WISE ANALYSIS

23
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 1% 2% 1% 1% 0% 1%
1%
NON SUBMISSION OF MONTHLY
RECORDS
3% 2% DEFICIENCY IN RECORD KEEPING
3%
LATE SUBMISSION
NON SUBMISSION
UNKNOWN , 8% OF MONTHLY UNKNOWN
RECORDS , 38%
NO REFERRAL SLIPS
LATE SUBMISSION ,
12% INCOMP. FORM F

NO QUALIFIED DOC

DEFICIENCY IN NO REGISTER MANATAINED

RECORD KEEPING,
27% REGISTERATION EXP

UNREGISTERED MACHINE

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 COURT CASE
0 SEALED
SHOW CAUSE NOTICE

NON
SUBMISSION OF
MONTHLY
RECORDS , 157 DEFICIENCY IN
RECORD KEEPING,
109

NON SUBMISSION OF MONTHLY RECORDS DEFICIENCY IN RECORD KEEPING

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 0 0 1 1 1 0 0 0
COURT-CASE 1
0 0
0 4 3
SEALED
1 2 1

SHOW CAUSE 48 30 13
2 4 0
NOTICE 11

4
4
2 1
4

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 ONLY SHOW
OFFENCE TOTAL CAUSE NOTICE %
LATE SUBMISSION 48 48 100
UNKNOWN 31 30 96.77
NO REFERRAL SLIPS 14 13 92.85
INCOMP. FORM F 12 11 91.66
NO QUALIFIED DOC 10 4 40
NO REGISTER MANATAINED 4 4 100
REGISTERATION EXP 6 4 66.66
UNREGISTERED MACHINE 7 4 57.14
BOOK UNAVAILABLE 2 2 100
STING OPERATION 4 2 50
BOARD NOT DISPLAED 1 1 100
UNREGISTER PLACE. 2 1 50
NON SUBMISSION OF MONTHLY
RECORDS 157 157 100
DEFICIENCY IN RECORD KEEPING 112 109 97.32
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TOTAL 410 390 95.12
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 OBSERVATIONS
 There were 404 establishments which were found violating
the provisions of P.C-P.N.D.T act.

 The penalties imposed were not according to the law/ Orders

of Honorable Supreme Court /Gujarat High Court in
Majority of cases

 In many cases in which court case was to be filed ,only show

cause notice was issued.

 The Authorities are letting off the establishments sealed for

improper record keeping by taking simple Penalty and
affidavit.
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 OBSERVATIONS
 The Maximum no. of offenders were in North-
West District of Delhi, while in the New Delhi
District no establishment was found violating the
provisions of P.C-P.N.D.T act
 Court case has been filed in only 11 out of 404
establishments found violating the act.
 Only show cause notice was given to 390 out of
404 establishments found violating the act

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 RECOMMENDATIONS
• The implementing authorities should be made
accountable for sex ratios of their districts.
• Awareness should be increased in the general
masses regarding the rules Of Act.
• The P.C-P.N.D.T act must be included in the syllabus
of medical and related disciplines.
• The media should be involved in all raids, so that
no complaint can be swept under the carpet by the
implementing authorities.

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 RECOMMENDATIONS
• The National Inspection and Monitoring Committee
should have a regulatory role over the legal actions being
initiated against the clinics/establishments raided by them.

• All the actions taken by the implementing authorities

should be accessible to the civil society

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