Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act,1994

01-05-2023

Latest Context

The Delhi High Court has observed that some facets of the PC & PNDT Act should be reviewed for effective implementation of this Act. When a plea was moved by a man seeking the quashing of an FIR registered against him under various sections of the PC & PNDT Act, the High Court provided this direction.

Concerns of the Delhi High Court

Police Involvement in Raids and Seizures: The court observed that though the PC & PNDT Rules contemplate that there should not be any involvement of the police in raids, seizure, etc. “as far as possible”. The practicality of this aspect demands reconsideration because of its nature. It “should be according to the provisions of CrPC for conducting raids at facilities/clinics”.

Effective Power: The Court observed that though the appropriate authority has been given the powers to investigate, conduct raids, and cancel or suspend the registration of medical centers and facilities that violate the PC & PNDT Act. But these provisions are not enough to make it more effective. Since this act does not provide the power to arrest anyone. The offenses under this Act have been made 'cognizable', meaning the police can make an arrest. However, the court raised concerns about the effectiveness of the appropriate authority's role in implementing the Act since they do not have the power of arrest.
Low Conviction Rate: Low conviction rate refers to the percentage of cases in which the accused is found guilty and convicted of the crime for which he is charged. The Court noticed that under PC & PNDT Act the number of people who are actually convicted for violating the provisions of the Act is very low. It indicates the failure of the justice system to effectively prosecute offenders and prevent the illegal practice of sex-selective abortion.

Implications of the Delhi High Court

Clarity on Implementing Authority: There should be clarity on the role of the police and the powers of investigation and arrest vested in the Appropriate Authorities for the effective implementation of this Act.
Stringent Implementation: There should be strict implementation of this act to make it more effective. Low rate of conviction has become a persistent challenge. Court’s remark could lead to an increase in the conviction rate.

Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act

Background: The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of the Parliament of India. The main objective of this act is to stop female feticides and check the declining sex ratio in India. The act prohibited prenatal sex determination.
Objectives: Its aim is to ban the use of sex selection techniques before or after conception and prevent the misuse of prenatal diagnostic techniques for sex-selective abortion.

Provisions

It controls the use of pre-natal diagnostic techniques, like ultrasound machines to diagnose genetic abnormalities, metabolic disorders, chromosomal abnormalities, certain congenital malformations, hemoglobinopathies, and sex-linked disorders.
No center, clinic, or, laboratory will conduct any test including ultrasonography for the purpose of determining the sex of the fetus.
No person, whether the one who is conducting the procedure as per the law will communicate the sex of the fetus to the pregnant woman or her relatives by using words, signs, or any other method.
Any person who will advertise for pre-natal and pre-conception sex determination facilities in the form of a notice, circular, label, wrapper, or any document, or advertises by employing interior or other media in electronic or print form or engages in any visible representation by using any means such as hoarding, wall painting, signal, light, sound, can be imprisoned for up to three years and fined Rs. 10,000.

Offenses Under the Act

Conducting or Aiding Parental Diagnostic Techniques: To Conduct or aid in prenatal diagnostic techniques in unregistered facilities will be a punishable offense under the act.

Prohibition of Sex-selection: It considers the sex selection on a man or woman as a punishable offense.
Performing Prenatal Diagnostic Techniques for any Purpose: It considers performing parental diagnostic techniques for any purpose other than the one specified in the act a punishable offense.

Sex-detection: It considers the sale, distribution, supply, renting, etc. of any ultrasound machine or any other equipment that enables the sex-detection of the fetus as a punishable offense act.

Ethical issues regarding Parental Diagnosis and Sex-Selective Abortion

Violation of Human Rights and Dignity: abortion based on Sex-selection is a form of gender discrimination and violence against women that violates their right to life, dignity, and equality. Furthermore, it also undermines the value and dignity of human life and the diversity of human society.
Enhancement in Social Problems: It has adverse consequences for society. Skewed sex ratio, increased trafficking, violence against women, and reduced marriage prospects for men are some of its consequences. It also raises ethical questions regarding the use of prenatal diagnosis for non-medical purposes and the responsibility of parents and health care providers towards the unborn child.
Access to Healthcare: Prenatal diagnosis and sex-selective abortion can increase existing health disparities and inequalities, particularly for marginalized communities who may have limited access to healthcare and information.

Other Initiatives

Beti Bachao Beti Padhao: This program was launched by the Government of India in 2015. The objective of this initiative is to address the issue of declining child, sex ratio and empower girls through awareness generation, education, and protection.
National Plan of Action for Children, 2016: It identifies the elimination of gender-biased sex selection as its one of the foremost priorities for the well-being of children and their rights.