PCPNDT Act Ritesh
Transcript of PCPNDT Act Ritesh
-
8/2/2019 PCPNDT Act Ritesh
1/33
-
8/2/2019 PCPNDT Act Ritesh
2/33
What is female feticide?
Female feticide-
aborting a female fetus after sex determinationtest
ultra-sonography, helps determine abnormalitiesin the fetus.
misused to find out sex of the fetus and abort it ifit is a girl.
4/11/2012 2
-
8/2/2019 PCPNDT Act Ritesh
3/33
-
8/2/2019 PCPNDT Act Ritesh
4/33
Indian Penal Code, 1860
Section 312: Without analyzing the threat to thelife of women
Section 313: Without the consent of the women
Section 314: Trying to cause miscarriage andthereby causing death
Section 315: An act done to prevent a child frombeing born/ or born alive concealingthe birth of a child
4/11/2012 4
-
8/2/2019 PCPNDT Act Ritesh
5/33
Indian Penal Code, 1860
Section 316: Act resulting in death of an unbornchild
Section 317: Mother or father abandoning thechild
Section 318: Secretly disposing body of child/
intentionally
4/11/2012 5
-
8/2/2019 PCPNDT Act Ritesh
6/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of Sex
Selection) Act, 1994
Pre-natal Diagnostic Techniques includes
Ultra-sonography, Foetoscopy,
Taking samples of amniotic fluid, embryo, blood orany tissue or fluid of pregnant women before or after
conception, Testing samples in Genetic Laboratory to detect
genetic disorders, abnormalities or sex-linkeddiseases
4/11/2012 6
-
8/2/2019 PCPNDT Act Ritesh
7/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of Sex
Selection) Act, 1994
Imposes restrictions on:
Clinics, medical personnel and sale ofmachines
Only registered genetic clinics can use pre-natal diagnostic techniques
By qualified medical practitioner
Prohibition of sex-selection
Prohibition on sale of ultrasound machine tounregistered laboratories, clinics & persons
4/11/2012 7
-
8/2/2019 PCPNDT Act Ritesh
8/33
No person, including a specialist or a team ofspecialists in the field of infertility, shall conduct or
cause to be conducted or aid in conducting byhimself or by any other person, sex selection on awoman or a man or on both or on any tissue,embryo, conceptus, fluid, or gametes derived from
either or both of them.
4/11/2012 8
Sec.3A Prohibition of sex selection
-
8/2/2019 PCPNDT Act Ritesh
9/33
Sec.3B Prohibition on sale of ultrasoundmachine, etc., to persons, laboratories,clinics, etc., not registered under this act.
No person shall sell any ultrasound machine orimagingmachine or scanner or any otherequipment capable of detecting sex of foetus to anyGenetic counseling center, Genetic clinic, and
Genetic Laboratory or any other person notregistered under this act.
4/11/2012 9
-
8/2/2019 PCPNDT Act Ritesh
10/33
The Pre-conception and Pre-natal
Diagnostic Techniques (Prohibition ofSex Selection) Act, 1994
PNDT can be used for detection of
abnormalities:Chromosomal Abnormalities
Genetic Metabolic Diseases
HaemoglobinopathiesSex-linked genetic diseases
Congenital abnormalities
Any other abnormalities4/11/2012 10
-
8/2/2019 PCPNDT Act Ritesh
11/33
The Pre-conception and Pre-natal
Diagnostic Techniques (Prohibition ofSex Selection) Act, 1994
PNDT in following conditions:
Age of pregnant women is above 35 yearsTwo or more spontaneous abortions
Pregnant women has been exposed to drugs,radiation, infection or chemicals
Family history of mental retardation or physicaldeformities
Any other condition
4/11/2012 11
-
8/2/2019 PCPNDT Act Ritesh
12/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994
Essential communications
Explanation of all known side/ after effects & test
procedures
Written consent in prescribed form & its copy given toher
Not to disclose sex of the fetus by words, signs etc.
Display prominently in local language that disclosure ofsex of fetus prohibited under law.
Registration certificate to be displayed prominently in
the clinic.4/11/2012 12
-
8/2/2019 PCPNDT Act Ritesh
13/33
4/11/2012 13
RegulatoryBodyPolicy 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
-
8/2/2019 PCPNDT Act Ritesh
14/33
-
8/2/2019 PCPNDT Act Ritesh
15/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 Violation
Imprisonment of 3 years and Rs 10000 (50000)
fine, but subsequent conviction punishable withimprisonment for 5 years and Rs 50000(1,00,000) fine.
Offence to be cognizable, non-bailable and non-
compoundable
4/11/2012 15
-
8/2/2019 PCPNDT Act Ritesh
16/33
Implementation of PCPNDT Act
Implemented by Appropriate Authority
Role
To grant, suspend or cancel registration
Enforce standards
Investigate complaints of breach of provisions Complaints
Can be made by any person/social organisation
The chief medical officer to investigate
Can approach court if chief medical officer does nottake action
Court
Judicial Magistrate First Class or MetropolitanMagistrate4/11/2012 16
-
8/2/2019 PCPNDT Act Ritesh
17/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 Advisory committee
The advisory committee shall consist of
Three medical experts from gynaecologists,obstetricians, paediatricians and medicalgeneticist; One legal expert
One officer to represent the dept. dealing withinformation and publicity of the State govt. Three eminent social workers, at least one fromthe womens organisations.
4/11/2012 17
-
8/2/2019 PCPNDT Act Ritesh
18/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 The advisory committee may meet
as necessary
on the request of the AA. for consideration of any application for registration and
to give advice thereon; provided that the periodintervening between any two meetings shall notexceed sixty days (rule 15)
4/11/2012 18
-
8/2/2019 PCPNDT Act Ritesh
19/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 An 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 GeneticLaboratory shall not conduct any test pr
procedure for selection of sex before or afterconception or for detection of sex of foetusexcept for diseases specified in sec 4(2) norshall the sex of foetus be disclosed to any body,
4/11/2012 19
-
8/2/2019 PCPNDT Act Ritesh
20/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 An undertaking to the effect that the Genetic counselling
center, Genetic clinic, and Genetic Laboratory shalldisplay prominently a notice that they do not conduct
any techniques, test or procedure, etc., by whatevername called, for detection of sex of foetus or forselection 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 forregistration, in the acknowledgement slip provided at thebottom of form A, immediately if delivered at the office ofthe A. A., or not later then the next working day ifreceived by post.
4/11/2012 20
-
8/2/2019 PCPNDT Act Ritesh
21/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 Certificate of registration
The Appropriate Authority shall after holding an
inquiry and after satisfying itself that theapplicant has complied with all the requirementsof this act and the rules made thereunder andhaving regard to the advise of the advisory
committee in this behalf, grant a certificate in ofregistration in the prescribed form (form B)
jointly or separately to the G.C.C./GC./ GL., asthe case may be.
4/11/2012 21
-
8/2/2019 PCPNDT Act Ritesh
22/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 If after holding inquiry and after giving an
opportunity of being heard to the applicant and
having regard to the advice of the advisorycommittee, the appropriate authority is satisfiedthat the applicant has not complied with therequirements of this act or the rules, it shall, for
the reasons to be recorded in writing, reject theapplication for registration and will becommunicated to applicant in Form C.
4/11/2012 22
-
8/2/2019 PCPNDT Act Ritesh
23/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 Every 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 counsellingcenter, Genetic clinic, Genetic Laboratory,
Ultrasound clinic or imaging center in aconspicuous place at its place of business
4/11/2012 23
-
8/2/2019 PCPNDT Act Ritesh
24/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of Sex
Selection) Act, 1994 Validity of Registration-Every certificate of
registration shall be valid for a period of fiveyears from date of issue
Cancellation or suspension of registrationThe 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 becancelled or suspended for the reasonsmentioned in the notice.
4/11/2012 24
-
8/2/2019 PCPNDT Act Ritesh
25/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of Sex
Selection) Act, 1994 If after giving a reasonable opportunity of being
heard to the Genetic counselling center, Genetic
clinic, Genetic Laboratory and having regard tothe advice of the advisory committee, the A.A. issatisfied that there has been a breach of theprovisions of this act or the rules, it may, without
prejudice to any criminal action that it may takeagainst such center, Lab., or clinic, suspend itsregistration for such period as it may think fit orcancel its registration, as the case may be.
4/11/2012 25
-
8/2/2019 PCPNDT Act Ritesh
26/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of Sex
Selection) Act, 1994 Notwithstanding anything contained in above
sub-sec., if the A.A. is of the opinion that it is
necessaryor expedient so to do in the
publicinterest, it may, for reason to recorded in writing,suspend the registration of any Geneticcounselling center, Genetic clinic, Genetic
Laboratory without issuing any such showcause notice.
4/11/2012 26
-
8/2/2019 PCPNDT Act Ritesh
27/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 Maintenance and preservation of records
Genetic Counselling , Genetic Laboratory,
Genetic Clinic or ultrasound clinic or imagingcenter shall maintain a register showing, inserial order, the names and addresses of themen or women given genetic counselling,
subjected to pre natal diagnostic procedure ortest, the name of their spouse or father and thedate on which they first reported for suchcounselling, procedure of test.
4/11/2012 27
-
8/2/2019 PCPNDT Act Ritesh
28/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 The record to be maintained by every Genetic
counselling center, in respect of each womencounselled shall be specified in Form D
The record to be maintained by every GeneticLaboratory, in respect of each man or womansubjected to any pre-natal diagnostic
procedure/technique/test, shall be as specified inForm E.
4/11/2012 28
-
8/2/2019 PCPNDT Act Ritesh
29/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 The record to be maintained by every Genetic
Clinic, in respect of each man or womansubjected to any pre-natal diagnosticprocedure/technique/test, shall be as specified inForm F.
The A.A. shall maintain a register a permanent
record of application for grant or renewal ofcertificate of registration as specified in form H.
4/11/2012 29
-
8/2/2019 PCPNDT Act Ritesh
30/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 Before conducting pre implantation genetic
diagnosis, or any pre-natal diagnostictechnique/test/procedure such as amniocentesis,chorionic villi biopsy, foetoscopy, foetal skin ororgan biopsy or cordocentesis, a writtenconsent, as specified in Form G, in a language
the person undergoing such procedureunderstands, shall be obtained from her/him.
4/11/2012 30
-
8/2/2019 PCPNDT Act Ritesh
31/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 Person conducting ultrasonography on a
pregnant woman shall keep a complete recordthereof in the clinic in such manner as may beprescribed and any deficiency or inaccuracyfound therein shall amount to contraventionof provisions of sec.5 or sec.6 unless the
contrary is proved by the person conductingsuch ultrasonography
4/11/2012 31
-
8/2/2019 PCPNDT Act Ritesh
32/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 Intimation of changes in employees, place or
equipment
Genetic Laboratory/Genetic Clinic/ GeneticCounselling center shall intimate every changeof employee, place, address and equipmentinstalled, to the A.A. with in a period of thirty daysof such change. (Rule 13)
4/11/2012 32
-
8/2/2019 PCPNDT Act Ritesh
33/33
The Pre-conception and Pre-natalDiagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 Public Information (Rule 17 )
Prominently display of notice of its premises inEnglish and in the other local language or language
for the information of the public, to the effect thatdisclosure of sex of foetus is prohibited underlaw.
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 andfindings from the reports and other information intheir possession, for the information of the public andfor use by the experts in the field/ /20 2 33