1. PCPNDT ACT
1

2. 2

3. Scope of presentation
• Introduction
• Prenatal diagnostic techniques
• Legal Initiatives
• Pre-conception and pre-natal diagnostic
techniques(prohibition of sex selection)
act,1994
• The pre-natal diagnostic techniques
(regulation and prevention of misuse)
rules, 1996
• Ammendments in act
3

4. • Implementation of PCPNDT Act in
Nagpur
• Referances
4

5. World Scenario
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6. 6

7. 7

8. 8

9. 9

10. 10

11. 11

12. 12

13. 13

14. 14

15. 15

16. 16

17. Child Sex Ratio and Development-The
linkages
• Child Sex Ratio is an
important indicator to
measure the extent of
prevailing equity between
men and women
• Changes reflect underlying
socioeconomic & cultural
patterns 17

18. Socio Cultural factors
d
18

19. True salvation -last rites
Belief
Old age Lineage &
security Myth Conviction inheritance
Perception
19
Bread winners

20. Spend Rs 5000
today and save
Rs 5 lakh
tomorrow…”
“We don’t kill
cats, dogs as
often as female
children”
20

21. Son Preference & Daughter Aversion
Reasons for missing girls
Small families but not without sons
According to NFHS-2 survey, in Delhi, for an average ideal
family size of 2.4, the desired number of sons is 1.2, daughters
0.9, and either sex 0.3
According to NFHS-3 ( 2006) survey, in Punjab: Married women
with two living son: only 8.8 percent wanted additional children
while those with two living daughters nearly 60 percent wanted
additional children
Families say,
“We do not dislike daughters. But, we need at least one son!”

22. Legal Initiative
• 1978: government issued a directive banning the
misuse of amniocentesis in Government Hospitals
and Laboratories
• 1988: Law to prevent sex determination tests was
passed in Maharashtra “Maharashtra Regulation of
Prenatal Diagnostic Technique Act 1988”
• 20th September1994: PNDT Act
: This act came into force in 1996
22

23. Who does it ?
According to one micro-study conducted in some hospitals
of Delhi:
Sex Ratio at Birth by sex of the previous children*
Sex Ratio at birth
Birth Order Sex of previous child
(girls to 1000 boys)
2nd order One male child 959
One female child 542
3rd order One male and one 558
female child
Two female children 219
* This information is from a study done by Christian Medical Association of India. It takes into account 11267
births for the year 2000-2001 collected from one of the public hospital in Delhi

24. What was the need for such an Act?
• The PNDTAct 1994and its subsequent
amendment in 2003 as the PC &
PNDTAct(Prohibition of Sex Selection) Act
were not brought into force because common
people were resorting to sex selection,but
because the medical fraternity made it
possible and easy for them to do so
• Abandoning their moral responsibility to the
tenets of our profession, a few doctors,took
advantage of the discriminatory social
practice of son-preference and daughter-
aversion 24

25. Act Provides – Permits – after registration
Use & regulation of Diagnostic Techniques
- Genetic disorders
- Metabolic disorders
- Chromosomal malformation
- Congenital disorders
- Sex linked disorder
Prevention of Misuse
- Sex selection before conception
- Prenatal Sex Determination
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- Female Foeticide

26. Act - Prohibits
• the pre conception – post conception /
selection / determination of sex
• Communicating Sex
• prohibits the advertisement in any manner
• provides – punishment for violation
26

27. Indications of Prenatal Diagnostic
Technique
1) Chromosomal abnormalities
2) Genetic Metabolic Diseases
3) Hemoglobinopathies
4) Sex linked genetic disease
5) Congenital anomalies
6) Any other abnormalities / or disease as may be
specified by the Central Supervisory Board.
Reasons – record in writing
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28. Sex Selection
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29. 29

30. An example of the implications of
declining sex ratio
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31. 31

32. An offence under this law is
Cognizable – A police officer may arrest the
offender without warrant-
Non-bailable – Getting bail is not the right of the
accused. The courts have discretion to grant bail
Non-compoundable - Parties to the case cannot
settle the case out of court and decide not to
prosecute.( Sec 27 )
32

33. Institutions
Genetic Counseling Centre
- any hospital/ nursing home/
any place whatever name
Clinic
- prenatal diagnostic procedures
Laboratory
- Conducting analysis or tests of
samples received from genetic
clinic for prenatal diagnostic
test. 33

34. Ultrasound Clinics &
Imaging Centers Included
Vehicles / Mobile ultrasound machine
included
Health Melas / Non functional Machines at
clinics included
Registered Medical Practitioner
- Recognized medical qualification Indian
Medical Council Act 1956 + Name registered in
State Medical Register
34

35. Registration
• Registration time up to 90 days
• Start work after registration
• No clinic shall be registered unless AA is
satisfied about the equipment or standard
prescribed
• AA after satisfying itself, with regards to
advise of Advisory Committee
• Rejection by reason recorded in writing
• Renewal every after five years 35

36. • Certificate of registration is non
transferable
• Change of ownership, management or
ceasing to functions – surrender the
certificate
• New owner shall apply afresh
• Validity – 5 years
36

37. 37

38. Board (Central Supervisory Board)
• Minister in charge, Ministry of health & Family Welfare
– Chairman Ex- officio
• Secretary – Vice Chairman Ex- Officio
• 2 Women Member – 1 Minister of Child Development Ex
Officio + Minister represent of Law & Justice Ex
Officio DGHS (Ex-officio)
• 2 Members (Each)
(i) Eminent medical geneticist
(ii) Eminent gynecologists & obstetrician 3 years
(iii) Eminent pediatricians 38

39. (iv) Eminent social scientists &
(v) Representative of woman welfare organization
• 3 Woman Member of Parliament
• 2 shall be elected by House of people
• 1 by council of states
• 4 members of Central Government approved
by – 1 years
• An officer – not below rank of Joint Secretary or
equivalent of Central Government – Member Secretary
Ex-Officio
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40. Functions of the Board
1) To advice the Government on policy matters relating
to use of prenatal diagnostic techniques.
2) To review the implementation of the Act and the
Rules made there under and recommend changes in
the said Act and Rules to Central Government.
3) To create public awareness.
4) To lay down code of conduct to be observed by
persons working at Genetic Counseling Centre,
Genetic Laboratory & Genetic Clinic.
5) Any other function as may be specified under the
Act.
40

41. Code of Conduct
• Display board.
• Availability of copy of the act- waiting area/
sonography room.
• Display original certificate- waiting area/
sonography room.
• Use of authorized machine.
• Filling F form completely & signature of concerned
sonologist.
• Authorized person performing sonography.
• Submission of report in time. 41

42. Observations
• Unregistered centre carry out
technique/procedure.
• Unauthorized person carry out technique/
procedure.
• F form not filled up completely.
• F form signed by person other than the one
actually performing the technique/procedure.
• F form signed by owner instead of concerned
person.
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43. Cont….
• Notice board not displayed.
• Copy of the act not available.
• Registration Certificate not displayed.
• Photocopy of certificates displayed at
unregistered place.
• Monthly reports not submitted to AA
• Unregistered nursing homes. (other than
maternity homes)
43

44. To say “No” to requests for performing
sex selection, sex detection and
gender-specific MTPs and to
discourage colleagues from doing so.
44

45. Common Reactions of Doctors
This is a draconian law ?
We have to maintain too much records, it is not
possible because of our busy schedule.
Too much records: We have similar reactions for
other laws, e.g. Income Tax, MTP, birth
registration, nursing home act, etc. We have to abide
by rules, records and reports, as made mandatory by
Law.
 Appropriate Authorities unnecessarily harass us.
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46. Sex Ratio at Birth
No. of girls to boys
952
960
935
940
917 917 917
920 909
901
900
877
880
855
860 847
840
820
800
780
India Rajasthan Punjab Haryana Himachal
Pradesh
NFHS-I NFHS-II