PNDT ACT

 PRESENTED BY :
 Ajay Dogra ,

R.No. 01

 What is PNDT Act ?

An Act to provide for the prohibition of sex selection,

before or after conception, and for regulation of
pre-natal diagnostic techniques for the purposes of
detecting genetic abnormalities or metabolic
disorders or chromosomal abnormalities or certain
congenital malformations or sex-linked disorders
and for the prevention of their misuse for sex
determination leading to female feticide; and, for
matters connected therewith or incidental thereto.
 Why PNDT Act ?

  Indicator Number/ Percentage

1. Mean ideal number of:  
  Sons 1.4
  Daughters 1.0
2. Percentage who want more sons than daughters 33.2

3. Percentage who want more daughters than sons 2.2

4. Percentage who want at least one son 85.1
5. Percentage who want at least one daughter 80.1

Year Sex Ratio

1961 976

1971 964

1981 962

1991 945
 The Creation of Legislation


The PNDT came into being since , Jan 1 , 1996.

 The Campaign

1976-Government passed a partial ban on sex determination tests


1982- Private Clinics offering sex determination tests came to the
limelight, groups from civil society protested against the same.

1985-Formation of the Forum Against Sex Determination and Sex Pre-
selection

1994- Passing of the Central Act, Prenatal Diagnostic Techniques Act,
(Regulation and Prevention of Misuse)
 The PNDT Act at a Glance.

Intent of the Act

 " An Act to provide for the regulation of the use
pre-natal diagnostic techniques for the purpose of
detecting genetic abnormalities or certain congenital
malformations or sex-linked disorders and for the
prevention of the misuse of such techniques for the
purpose of pre-natal sex-determination leading to
female foeticide, and for matters connected therewith
or incidental thereto"
 Aims and Objectives of the PC & PNDT Act

 1.prohibition of sex selection, before or after

conception,
 2. regulation of pre-natal diagnostic techniques
for the purposes of detecting genetic abnormalities,
metabolic disorders ,chromosomal
abnormalities,certain congenital
malformations,sexlinked disorders
 3. prevention of their misuse for sex
determination leading to female foeticide
 Structure and content of the Act

 1.The establishments that conduct these tests i.e..



 2.The professionals who could conduct this test i.e



 3.The conditions in which this test can be conducted



 4.The prerequisites to be fulfilled before conducting

these tests


 5.The administrative structures i.e.

 Continued…

 6. Supervisory board and the State Appropriate



7. Procedure for registration of the establishments,

grounds for cancellation or suspension of registration.


8. Offences and Penalties



9. Maintenance of records and power to search and seize

records.
THE PNDT ACT, 1994
(ACT NO. 57 OF 1994)
AND
THE PNDT AMENDMENT ACT, 2002
(No.14 OF 2003)
 THE ACT

1) This Act may be called the Pre-conception and Pre-

natal Diagnostic Techniques (Prohibition of Sex
Selection) Act, 1994.
(2)It shall extend to the whole of India except the
State of Jammu and Kashmir.
(3)It shall come into force on such date as the
Central Government may, by notification in the
Official Gazette, appoint.
 Important sections & sub sections

 (3). Regulation of Genetic Counselling

Centres, Genetic Laboratories and Genetic
Clinics.- On and from the commencement of this Act,-
1. registered under this Act
2.qualifications
3. place registered under this Act.
(3A). Prohibition of sex-selection- sex selection on a
woman or a man or on both or on any tissue, embryo, fluid
or gametes derived from either or both of them.
(3B). Prohibition on sale of ultrasound machines,
etc., to persons, laboratories, clinics, etc. not registered
under the Act

 Regulation of pre-natal diagnostic
techniques
 No pre-natal diagnostic techniques shall be
conducted except for the purposes of detection of any
of the following abnormalities, namely:-
(i) chromosomal abnormalities;
(ii) genetic metabolic diseases;
(iii) haemoglobinopathies;
(iv) sex-linked genetic diseases;
(v) congenital anomalies;
(vi) any other abnormalities or diseases as may be
specified by the Central Supervisory Board;
 IMPORTANT

(i) age of the pregnant woman is above 35 years



(ii) two or more spontaneous abortions or foetal loss



(iii) exposed to potentially teratogenic agents such as

drugs, radiation, infection or chemicals;


(iv) family history of mental retardation



(v) complete record

(5). Written consent of pregnant woman and
prohibition of communicating the sex of
fetus.


(6 ). Determination of sex prohibited



(7). Constitution of Central Supervisory

Board.

 Central Supervisory Board

 -Chairman: Minister in charge of Deptt. Of family

welfare
 - Vice Chairman: Secretary to Deptt. Of family
welfare
 - 3 Members by GOI 1 each from WCD,DOLA &
ISMAH
 - DGHS
 - 3 female MPs
 - 10 other members by GOI
 Functions of the Board.

 The Board shall have the following functions,

namely:-
(i) to advise the Central Government on policy matters
(ii) to review and monitor implementation of the Act and
rules
(iii) to create public awareness against the practice of pre-
conception sex selection
(iv) to lay down code of conduct to be observed by persons
working at GCC, GL and GC
(v) to oversee the performance of various bodies
constituted under the Act;
(vi) any other functions as may be prescribed under the
Act.

 The Advisory Committee

(a) 3 medical experts from amongst gynecologists,

obstetricians, pediatricians and medical geneticists;
 (b) 1 legal expert;
(c) 1 officer to represent the department dealing
(d) three eminent social workers ,1representatives of
women's organizations.

18. Registration of GCC,GL,GC

19. Certificate of registration


20. Cancellation or suspension of registration


21. Appeal to CG or SG

 OFFENCES AND PENALTIES

22. Prohibition of advertisement relating to pre-

natal determination of sex and punishment for
contravention.


 offences and penalties



 - imprisonment 3 years and fine 10,000 rupees

 -on any subsequent conviction,
 imprisonment 5 years and fine 50,000 rupees
 - Suspension of registration for 5 years and in
subsequent conviction permanent cancellation



 Offences and penalties.-

3. Any person who seeks the aid of aGCC,GL, GC or

USC or imaging clinic for the purposes other than
those specified in sub-section (2) of section 4
 - 3 Years imprisonment and 50,000 rupees fine
 - Subsequent conviction 5 years and 1,00,000
rupees fine
Provisions of sub-section 3 not for women who was
compelled for test
26. Offences by companies.

27. Offence to be cognizable, non-bailable and
non-compoundable

Other miscellaneous sections and sub sections


 maintenance of records
 power to search and seize records
 power to make rules
 power to make regulations

 A few ammendments

 - PC PNDT Act (prohibition of sex selection)

 - expand the ban to include preconception and pre-
implantation procedures for sex selection
 - maintenance of written records by diagnostic
centers/doctors
 - vesting state, district and sub-district Appropriate
Authorities powers equivalent to civil courts to ensure
enforcement of the Act
 A Study on Doctors’ Perspective on PNDT Act

 Department of Community Medicine, Shri M.P.Shah Medical College,

Jamnagar, Gujarat, India

Difficulties No. of respondents Percent


Excessive clerical  29 85.29
work 
Social difficulties  3 8.8
Hospital  15 44.1
administrative 
difficulties 
Police interference  More than 10 29.4
expected 6 17.6
No diffi culties 
 Some suggestions for better results

 1. monthly report to be made available by the State

Governments on the trends in sex ratio at birth to the public.
 2. A national level survey should be launched and all the clinics
providing
 the PC And PND services in the India should be registered.
 3. There should be speedy trial of the pending cases in the court
 4. List of all ultrasound machines both mobile and others and
the clinics available in the country should be made public.
 5. To ensure strict monitoring and auditing of clinic records
 6.facilitate partnership with civil society
organizations/individuals in monitoring and social auditing
of the clinics registered under this law.

A GIRL IS A FUTURE
MOTHER,TAKE FEMALE
FOETICIDE AS A HUMAN RIGHTS
ISSUE AND PROTECT
HUMANITY AND OUR FUTURE
GENERATIONS

THANK YOU