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PCPNDT Act

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PCPNDT Act: Intro & Aims - The Lowdown

  • Full Title: Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act.
  • Enacted: 1994. Significantly amended in 2003.
  • Core Objectives:
    • Prohibit sex selection, both pre-conception and pre-natally.
    • Regulate pre-natal diagnostic techniques (PDTs) to prevent their misuse for sex determination.
  • Rationale:
    • Combat female foeticide.
    • Arrest the declining child sex ratio in India.
  • Applicability: Extends to the whole of India.
  • Key Prohibitions under the Act:
    • Determination and disclosure of the sex of the foetus.
    • Any form of sex selection.
    • Advertisements relating to pre-natal determination of sex.
  • Permitted Use of PDTs: Strictly for detecting genetic abnormalities, metabolic disorders, chromosomal anomalies, haemoglobinopathies, and sex-linked genetic diseases.

⭐ The 2003 amendment was crucial; it brought ultrasound clinics explicitly under the Act's ambit and increased penalties for violations, making it more stringent against sex selection practices.

  • Mandatory Registration:
    • All facilities (GCCs, Labs, Clinics, USG centres) MUST register.
    • Apply to Appropriate Authority (AA).
    • Certificate valid for 5 years; display prominently.
  • Strict Record Keeping:
    • Form F: Mandatory for all pregnant patients undergoing each USG/procedure; signed consent vital.
    • Maintain records for 2 years (PCPNDT-specific); general medical records 5-10 years as per state rules.
    • Submit monthly reports to AA.
  • Key Prohibitions: 📌 Mnemonic: No See, No Tell, No Sell
    • NO sex determination/selection (except sex-linked disorders). (No See)
    • NO communication of foetal sex (any method). (No Tell)
    • NO ads for sex determination/selection. (No Sell)
  • Equipment Regulation:
    • USG machines: Must be registered.
    • Sale/transfer: Intimate AA.

Offence Impact: Offences are cognizable, non-bailable, and non-compoundable under BNSS procedures. For medical practitioners, a first conviction can lead to imprisonment up to 3 years and a fine of ₹10,000, plus potential suspension by the State Medical Council. Subsequent convictions: imprisonment up to 5 years and fine of ₹50,000.

PCPNDT Act: Offences & Penalties - Facing the Music

  • Contravention of Act/Rules (Sec 23):
    • Any person:
      • 1st: Up to 3 yrs jail, fine up to ₹10,000.
      • Subsequent: Up to 5 yrs jail, fine ₹50,000-₹1L.
    • Registered Medical Practitioner (RMP):
      • Reported to State Medical Council.
      • 1st: Registration suspended 5 yrs.
      • Subsequent: Permanent removal.
  • Presumption of Guilt (Sec 24):
    • Woman underwent Sex Determination/Selection (SD/SS): Accused proves innocence.
  • Offences by Companies (Sec 26):
    • Person in-charge & company liable.
  • Cognizance of Offences (Sec 28):
    • By complaint from:
      • Appropriate Authority (AA) / authorized officer.
      • Person (≥15 days notice to AA).
      • Social organization.

    ⭐ Offences: Cognizable, Non-bailable, Non-compoundable.

  • Registration Cancellation/Suspension (Sec 20):
    • By AA for breach; show-cause notice.

High‑Yield Points - ⚡ Biggest Takeaways

  • PCPNDT Act primarily prohibits sex selection and sex determination.
  • Regulates use of prenatal diagnostic techniques like ultrasound.
  • Disclosure of foetal sex by any means is a punishable offence.
  • Mandatory registration for all facilities conducting prenatal diagnostics.
  • Strict record-keeping of all procedures is compulsory.
  • Advertisements relating to pre-conception/prenatal sex determination are prohibited.
  • Offences are cognizable, non-bailable, and non-compoundable, with imprisonment and fines for violations.

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