PCPNDT Act, 1994

What is female feticide?

Female feticide-
aborting a female fetus after sex determination
test
ultra-sonography, helps determine abnormalities
in the fetus.
misused to find out sex of the fetus and abort it if
it is a girl.

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Why is female feticide a problem ?

Increase in violence against women- violation of
their human rights.
Abortion due to family pressures to have male
child-
 effect on mental and physical health of
woman.
More men in society due to sex selective
abortions.
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Indian Penal Code, 1860

Section 312: Without analyzing the threat to the
life of women

Section 313: Without the consent of the women

Section 314: Trying to cause miscarriage and
thereby causing death

Section 315: An act done to prevent a child from
being born/ or born alive concealing
the birth of a child
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Indian Penal Code, 1860
Section 316: Act resulting in death of an unborn
child

Section 317: Mother or father abandoning the
child

Section 318: Secretly disposing body of child/
intentionally

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The Pre-conception and Pre-natal
Diagnostic Techniques (Prohibition of Sex
Selection) Act, 1994

Pre-natal Diagnostic Techniques include
Ultra-sonography,
 Foetoscopy,
Taking samples of amniotic fluid, embryo, blood or
any tissue or fluid of pregnant women before or after
conception,
Testing samples in Genetic Laboratory to detect
genetic disorders, abnormalities or sex-linked
diseases

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Imposes restrictions on:
Clinics, medical personnel and sale of
machines
Only registered genetic clinics can use pre-
natal diagnostic techniques
By qualified medical practitioner
Prohibition of sex-selection
Prohibition on sale of ultrasound machine to
unregistered laboratories, clinics & persons
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Sec.3A Prohibition of sex
selection

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Diagnostic Techniques (Prohibition of
Sex Selection) Act, 1994
PNDT can be used for detection of
abnormalities:
Chromosomal Abnormalities
Genetic Metabolic Diseases
Haemoglobinopathies
Sex-linked genetic diseases
Congenital abnormalities
Any other abnormalities
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PNDT in following conditions:
Age of pregnant women is above 35 years
Two or more spontaneous abortions
Pregnant women has been exposed to drugs,
radiation, infection or chemicals
Family history of mental retardation or physical
deformities
Any other condition
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Essential communications
 Explanation of all known side/ after effects & test
procedures
 Written consent in prescribed form & its copy given to
her
 Not to disclose sex of the fetus by words, signs etc.
 Display prominently in local language that disclosure of
sex of fetus prohibited under law.
 Registration certificate to be displayed prominently in
the clinic.
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Regulatory Body

Policy Making Implementing Advisory Committee
Body Body

Central State State Advisory
Supervisory Appropriate Committee
Board Authority
State District District Advisory
Supervisory Appropriate Committee
Board Authority
Sub-District Sub District
Appropriate Advisory
Authority Committee
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Husbands and relatives
Cannot ask or encourage pre-natal diagnostic
techniques expect for reasons permitted under
law.

Publishing and advertising
Illegal: No person, organization, counseling
centre, clinic or laboratory is allowed.

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Violation
Imprisonment of 3 years and Rs 10000 (50000)
fine, but subsequent conviction punishable with
imprisonment 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 not
take action
Court
 Judicial Magistrate First Class or Metropolitan
01/08/13Magistrate 16

Advisory committee
The advisory committee shall consist of –
· Three medical experts from gynaecologists,
obstetricians, paediatricians and medical
geneticist;
· One legal expert
· One officer to represent the dept. dealing with
information and publicity of the State govt.
· Three eminent social workers, at least one from
the women’s organisations.
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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 period
intervening between any two meetings shall not
exceed sixty days (rule 15)

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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 Genetic
Laboratory shall not conduct any test pr
procedure for selection of sex before or after
conception or for detection of sex of foetus
except for diseases specified in sec 4(2) nor
shall the sex of foetus be disclosed to any body,
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An undertaking to the effect that the Genetic counselling
center, Genetic clinic, and Genetic Laboratory shall
display prominently a notice that they do not conduct
any techniques, test or procedure, etc., by whatever
name called, for detection of sex of foetus or for
selection 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 for
registration, in the acknowledgement slip provided at the
bottom of form A, immediately if delivered at the office of
the A. A., or not later then the next working day if
received by post.
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Certificate of registration
The Appropriate Authority shall after holding an
inquiry and after satisfying itself that the
applicant has complied with all the requirements
of this act and the rules made thereunder and
having regard to the advise of the advisory
committee in this behalf, grant a certificate in of
registration in the prescribed form (form B)
jointly or separately to the G.C.C./GC./ GL., as
the case may be.
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If after holding inquiry and after giving an
opportunity of being heard to the applicant and
having regard to the advice of the advisory
committee, the appropriate authority is satisfied
that the applicant has not complied with the
requirements of this act or the rules, it shall, for
the reasons to be recorded in writing, reject the
application for registration and will be
communicated to applicant in Form C.

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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 counselling
center, Genetic clinic, Genetic Laboratory,
Ultrasound clinic or imaging center in a
conspicuous place at its place of business

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Validity of Registration-Every certificate of
registration shall be valid for a period of five
years from date of issue
Cancellation or suspension of registration
The 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 be
cancelled or suspended for the reasons
mentioned in the notice.

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If after giving a reasonable opportunity of being
heard to the Genetic counselling center, Genetic
clinic, Genetic Laboratory and having regard to
the advice of the advisory committee, the A.A. is
satisfied that there has been a breach of the
provisions of this act or the rules, it may, without
prejudice to any criminal action that it may take
against such center, Lab., or clinic, suspend its
registration for such period as it may think fit or
cancel its registration, as the case may be.
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Notwithstanding anything contained in above
sub-sec., if the A.A. is of the opinion that it is
necessary or expedient so to do in the public
interest, it may, for reason to recorded in writing,
suspend the registration of any Genetic
counselling center, Genetic clinic, Genetic
Laboratory without issuing any such show
cause notice.

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Maintenance and preservation of records
Genetic Counselling , Genetic Laboratory,
Genetic Clinic or ultrasound clinic or imaging
center shall maintain a register showing, in
serial order, the names and addresses of the
men or women given genetic counselling,
subjected to pre natal diagnostic procedure or
test, the name of their spouse or father and the
date on which they first reported for such
counselling, procedure of test.
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The record to be maintained by every Genetic
counselling center, in respect of each women
counselled shall be specified in Form D
Laboratory, in respect of each man or woman
subjected to any pre-natal diagnostic
procedure/technique/test, shall be as specified in
Form E.

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Clinic, in respect of each man or woman
subjected to any pre-natal diagnostic
procedure/technique/test, shall be as specified in
Form F.
The A.A. shall maintain a register a permanent
record of application for grant or renewal of
certificate of registration as specified in form H.

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Before conducting pre implantation genetic
diagnosis, or any pre-natal diagnostic
technique/test/procedure such as amniocentesis,
chorionic villi biopsy, foetoscopy, foetal skin or
organ biopsy or cordocentesis, a written
consent, as specified in Form G, in a language
the person undergoing such procedure
understands, shall be obtained from her/him.

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Person conducting ultrasonography on a
pregnant woman shall keep a complete record
thereof in the clinic in such manner as may be
prescribed and any deficiency or inaccuracy
found therein shall amount to contravention
of provisions of sec.5 or sec.6 unless the
contrary is proved by the person conducting
such ultrasonography

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Intimation of changes in employees, place or
equipment –
Genetic Laboratory/Genetic Clinic/ Genetic
Counselling center shall intimate every change
of employee, place, address and equipment
installed, to the A.A. with in a period of thirty days
of such change. (Rule 13)

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Public Information (Rule 17 )
Prominently display of notice of its premises in
English and in the other local language or language
for the information of the public, to the effect that
disclosure of sex of foetus is prohibited under
law.
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 and
findings from the reports and other information in
their possession, for the information of the public and
for use by the experts in the field.
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PCPNDT Act, 1994

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PCPNDT Act, 1994

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