This act was assented by the President on 20 th September 1994 and has been
forced with effect from 1st January 1996. This act has been amended in 2002.
This act
was called as the prenatal diagnostic techniques (Regulation and Prevention
of Misuse) act 1994. Now it is called as the preconceptio0n and prenatal diagnostic
techniques (Prohibition of sex selection ).
Public interested litigation was moved by few non governmental organizations
e.g. Cehat, Masum, & others in Supreme court during 2000. Honorable Supreme
Court gave various directives from time to time. Accordingly this act is being
implemented in the state as per directives from honorable Supreme Court.
This bill provides for
Prohibition of preconception and Prenatal diagnostic techniques (prohibition
of sex
selection) for determination of sex of fetus, leading to female feticide
Prohibition of advertisement of PNDT techniques for detection or determination
of sex.
Permission & regulation of use of PNDT techniques for purpose
of detection of specific
genetic abnormalities or disorders.
Permitting use of such techniques only under certain conditions by
registered institutions.
Prohibition of sale of U.S.G. and other machines; and
Punishment for violation of the provisions of the act.
Provisions under PNDT Act and Rules
Regulation of PNDT Centers,
Ultra sound sonography machine, Imaging Machine, Scanner, IVF center,
any machine capable of detecting sex of the fetus is to be registered.
Mobile Vehicle, in which such machine is used, is also to be registered.
Center shall employ persons having Prescribed Qualifications.
Not to conduct any techniques at unregistered place
B) Regulation Of Prenatal Diagnostic Techniques
No place shall be used for Conducting PNDT Techniques, except
for purposes mentioned in the act.
Techniques only for certain abnormalities
Chromosomal abnormalities
Genetic metabolic disorders
Haemoglobinopathies
Sex linked genetic diseases
Congenital anomalies
Any other as specified
Techniques only in following conditions Age > 35
Years, Undergone 2 or more abortions, Exposed to teratogenic agents such
as drugs, radiation, infection or chemicals, H/O Mental Retardation or
physical abnormalities, Any other as specified.
Powers of Appropriate Authorities
Registration certificate in duplicate is granted after enquiry
and as per advise of Advisory Committee
Appropriate Authority to seal and seizeif center is unregistered
Power to search and seize records
If offence is being committed
Enter and search, examine any records, Seize and seal
Cancellation or Suspension of Registration
A.A may suo motto or on complaint, Issue a show cause notice “Why registration
should not be suspended / Cancelled”
If satisfied regarding breach of provisions Suspend Or Cancel Registration
If necessary in Public Interest Suspend Registration without issuing
Notice.
Summoning any person who is in possession of any information
relating to violation of the act.
Issuing search warrant for any place suspected to be indulging
in sex selection or pre natal sex determination.
Punishment & Contravention
Prohibitions of Advertisement & Punishment
Punishment Imprisonment
up to 3 years and fine up to Rs. Ten Thousand
Advertisement includes Notice,
Circular, Label, Wrapper or any other including advertisement through Internet
or in Electronic or print form, hoarding,
Wall Painting, Signal, Light, Sound, Smoke or Gas
Contravention of provisions by the practitioners or owner
Any Person who owns a center/ clinic/ laboratory or the medical practitioner
who contravenes provisions shall be punishable with imprisonment up to
3 years and with fine up to rupees 10000/. On subsequent offence with
imprisonment up to 5 years and with fine up to rupees 50000/
Reporting the name to State Medical Council If Charge Framed by Court name to be reported to State Medical Council for
Action
Other Provisions under the act
Prohibition on sale of Ultrasonography Machines etc to persons not registered
under the act Offence to be cognizable, Noncompoundable & Nonbailable
Prohibitions of Advertisement
Not to issue, Publish, Distribute, Communicate any advertisement
regarding facilities of Sex Determination or Sex Selection before Conception
Not to advertise in any Manner Scientific or otherwise
