PCPNDT Act Ritesh

8/2/2019 PCPNDT Act Ritesh

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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.

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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

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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

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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

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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

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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.

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Sec.3A Prohibition of sex selection


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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.

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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


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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

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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

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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


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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

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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


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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.

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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)

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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,

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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)

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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

PCPNDT Act Ritesh

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