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MoHFW has not suspended the PC&PNDT Act

Why in news?

It is clarified that MoHFW has not suspended the PC&PNDT Act, which prohibits sex selection before or after conception.

Details?

It is reiterated that each Ultrasound clinic, Genetic Counselling centre, Genetic Laboratory, Genetic Clinicand Imaging Centre would have to maintain all the mandatory records 

All records are mandatory and have to be maintained as per the Rules and the said Notification in no way impacts the requirement of stringent implementation of the PC&PNDT Act and Rules.

Background:

PCPNDT Act

  • The act was enacted in 1994 and amended in 2003 and is an important tool for addressing sex-selective eliminations.
  • Objectives: The main purpose of enacting the act is to ban the use of sex selection techniques before or after conception and prevent the misuse of a prenatal diagnostic technique for sex-selective abortion.

Main provisions in the act are:

  • The Act provides for the prohibition of sex selection, before or after conception.
  • It regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing them their use only to detect few cases.
  • No laboratory or centre or clinic will conduct any test including ultrasonography for the purpose of determining the sex of the foetus.
  • No person, including the one who is conducting the procedure as per the law, will communicate the sex of the foetus to the pregnant woman or her relatives by words, signs or any other method.
  • Any person who puts an advertisement for pre-natal and pre-conception sex determination facilities in the form of a notice, circular, label, wrapper or any document, or advertises through interior or other media in electronic or print form or engages in any visible representation made by means of hoarding, wall painting, signal, light, sound, smoke or gas, can be imprisoned for up to three years and fined Rs. 10,000.
  • The Act mandates compulsory registration of all diagnostic laboratories, all genetic counselling centres, genetic laboratories, genetic clinics and ultrasound clinics.

Offences under this act include conducting or helping in the conduct of prenatal diagnostic technique in the unregistered units, sex selection on a man or woman, conducting PND test for any purpose other than the one mentioned in the act, sale, distribution, supply, renting etc. of any ultra sound machine or any other equipment capable of detecting sex of the foetus.

The act was amended in 2003 to improve the regulation of the technology used in sex selection. The Act was amended to bring the technique of pre conception sex selection and ultrasound technique within the ambit of the act.

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September 2022
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