PC & P.N.D.T.

ACT,1994
The clear decline in female sex-ratio in the age-group (0-6 years) ----

A genuine concern of Govt. of India.

Selective abortion of female foetus

emerges as the principal contributor

Brief Profile

Chapters 8, Total no. of Sections34 PC & PNDT (Prohibition of Sex Selection) , Rules 1996, Total no. of Rules - 19, including appeals procedures dealt with in respective sections.

Relevant Sections

Sec.1- Short title, extent and commencement Sec.2- Definitions Sec.3- Regulation of Genetic Clinics and Labs. Sec.3A- Prohibition of sex selection Sec.3B- Prohibition on sale of ultrasound machines to unregistered clinics.

Sections 4-6
Sec.4- Regulation of P.N.D.T.procedure/facilities Sec.5- Written consent of pregnant woman, prohibition of communicating the sex of foetus in utero. Sec.6- Determination of sex of foetus in utero prohibited.

Central Supervisory Board (Sections 7-16A)

Sec.7- Constitution. Sec.8- Term of office of members. Sec.9- Board meetings. Sec.10- Vacancies. Sec.11- Temporary association. Sec.12- Appointment of officers and employees. Sec.13- Authentication of orders. Sec.14- Disqualification of members. Sec.15- Eligibility for reappointment. Sec.16- Functions of the Board. Sec.16A- Constitution of State, and U.T. Supervisory Board.

Appropriate Authority and Advisory Committee

Sec.17- Appropriate Authority and Advisory Committee. Sec.17A- Powers of Appropriate Authorities.

Registration of Genetic Clinics and Laboratories Sec.18- Registration of Genetic Centers. Sec.19- Certificate of registration. Sec.20- Cancellation or suspension of registration. Sec.21- Appeal.

Offences and Penalties

Sec.22- Prohibition of advertisement relating to P.N.D.T. Sec.23- Offences and Penalties. Sec.24- Presumption in the case of conduct of P.N.D.T. techniques. Sec.25- Penalty for contravention of the provisions of the Act. Sec.26- Offences by companies. Sec.27- Offences to be cognizable, non-bail able and non-compoundable. Sec.28- Makes the Appropriate Authority as the complainant in the court of Metropolitan Magistrate or Judicial Magistrate, First Class.

Miscellaneous

Sec.29- Prescribes for the maintenance of records and documents for a period of 2 years. Sec.30- Gives the power to the A.A. to search and seize records of the Genetic Clinics in response to a complaint or an information that sex selection is being done anywhere. Sec31- Protection of action taken in good faith to A.A.

More Miscellaneous

Sec.31A- Removal of difficulties in giving effect to the provisions of amended act of P.N.D.T. Sec.32- Provides powers to the Central Govt. to make rules for carrying out the provisions of the Act. Sec.33- The Supervisory Board with the sanction of the Central Govt. by notification in the Official Gazette which makes regulations for the time to time functioning of the Board. Sec.34- Rules and Regulations to be laid before the Parliament.

Forms to be filled in the PC & P.N.D.T. Act

There are 8 forms- A to H. Form A- (Rules4(1) & 8(1))- Application for Registration or Renewal. Form B- (Rule6(2) & 8(2) & 6(5)- Certificate of Registration. Form C- (Rule6(3) 6(5)& 8(3))- Rejection of Application for Grant/Renewal of Registration. Form D- (Rule9(2))- Maintenance of records by Genetic Clinics.

Forms to be filled (Contd.)

Form E- Rule9(3)- Maintenance of Records by Genetic Laboratories. Form F- Sec.4(3)- Rule9(4) & Rule10(1A)Maintenance of records in respect of pregnant woman in the Genetic and Ultrasound Clinics. Form G- Rule10- Form of Consent. Form H- Rule9(5)- Form for maintenance of permanent records of application for grant/rejection of Registration under the PC& P.N.D.T. Act of 1994.

Chronology of Govt. Initiatives

Pre independence period : Female infanticide was prohibited under law

1860:

1978:
1988: 1994; 1996: 2003:

IPC had provisions for punishment for causing miscarriages Govt. directive banning Amniocentesis to determine Foetal sex Maharahstra regulation of PNDT PNDT act enacted by Parliament The Act put into operation Amended as PC and PNDT act

Orders/ Judgments of Supreme court of India

CWP 301 of 2000 Center for enquiry into Health and allied themes:
CEHAT/ MASUM & Ors

Vrs.

Union of India and Ors

Observation

Non implementation of PNDT Act by Union and states. Directions issued to all concerned
19.09.01 Order Inter alia hinted at total slackness in implementing the Act Non submission of qrly. returns to CSB Delay in filing affidavits - Act not applicable to J&K 7.11.2001 Order Necessary affidavits to be filed within three weeks . GOI to set up inspection and monitoring committee

Contd

29.01.2002- Order GOI to frame appropriate rules for sale of Ultra Sound Machines and prohibited sale to un regd. Clinics 05.03.2002 Order H & FW Secretaries of Union/States/UTs to appear personally in the court for hearing 30.04.2002 Order Union Of India / States to ask for help from IMA / Radiologists Assn/ FOGSI for information on actual users of Ultra Sound device within their premises

ALARMING TREND
Punjab, Haryana and Delhi lead in Child Sex Ratio decline

Global Scenario
No. of women per 100 men

Europe & North America Latin America Caribbean Sub-Saharan Africa South East Asia Central Asia South Asia India

105 100 103 102 100 104 95 93

Source: The World Women-Trends & Statistics, U.N., N.Y. 1995

Indian Scenario
Sex ratio in states with widespread use of sex determination tests

States
Punjab

1991
875

2001
798

Fatehgarh Sahib
HP Haryana Delhi South Delhi 951 879 915

754
896 819 821 780

Gujarat
Source: Census India 2001

928

878

Child Sex Ratio in the States and Union Territories

State
Gujarat Uttaranchal D&N Haveli

1991
928 948 1013

2001
878 906 973

Year
-50 -42 -40

Daman & Diu

Goa Maharastra Arunachal Pradesh Nagaland Orissa

958
964 946 982 993 967

925
933 917 961 975 950

-33
-31 -29 -21 -18 -17

State
Bihar Jharkhand

1991
953 979

2001
938 966

Year
-15 -13

Manipur
Madhya Pradesh Uttar Pradesh Meghalya Assam

974
941 927 986 975

961
929 916 975 964

-13
-12 -11 -11 -11

Andhra Pradesh
Karnataka Chhatisgarh

975
960 984

964
949 975

-11
-11 -9

State
Tamil Nadu A & N Islands Rajasthan Pondicherry

1991
948 973 916 963

2001
939 965 909 958

Year
-9 -8 -7 -5

West Bengal

967

963

-4

State
Lakshadweep

1991
941

2001
974

Year
33

Sikkim
Tripura Kerala Mizoram Jammu & Kashmir

965
967 958 969 NA

986
975 963 971 937

21
8 5 2 NA

India

945

927

-18

Demographic Catastrophe vs. The Law

Increasing use of medical ultrasound to determine the sex of the foetus
Consequence Drastic decline in child sex ratio ( 0- 6 Yrs)

Law Provides
Anyone seeking help for sex selection faces a 5 years jail and fine of Rs. 1,00,000.Medical practitioners found aiding sex determination can lose his registration

Progressive Demographic Imbalance

A greater threat to Nations population Stabilization efforts and society than population explosion

Fall out of Modern Technology based procedures

In vitro fertilization and embryo transfer Amniocentesis/Chorion-villi Biopsy/Ultrasound & imaging used for pre-natal diagnosis Widespread misuse for sex determination of foetus, in utero Rise in commercial trading in sex determination practice/sperm and ovum donation/renting of womb etc. Price Rs. 25000/- to Rs. 50,000/- or more

Pre birth elimination of girls

Makes - women species endangered Drives daughters for slaughter Misconceived reasoning

Rs. 5,000/- now, if a female child is aborted Rs. 5,00,000/- later, if female child lives and gets married

PC & PNDT Act. 1994 Prescribes

Compulsory Registration of centres using U/S machines

Regulates facilities/services/personnel handling services

Prohibits communication (directly/indirectly) of information on sex of foetus to the client / relatives Provides for punishments to the guilty Encourages promotion of Behavior Change Communication activities for target clients An Act that ensures clients welfare and respect/dignity towards women

Reframing the Mindset

Emphasis on socio-economic support to children of either sex Doing away with dowry system and not daughters Recognize equal growth and development potentiality in boys and girls Ensuring equal share in parental property for boy/girl (either by law/voluntary action) by parents

Initiative by State

PNDT Act 1994 (operative 1.1.1996) PC & PNDT Act (Prohibition of sex determination) 2003 Several states have initiated the steps to enforce the said act War on declining sex ratio by Govt. of Haryana A reduction of age from 60 to 55 for pension to parents having daughters only w.e.f 01.01.2006 Rs. 5000/- per yr for 5 yrs. for parents on birth of their second daughter. Amount to be invested in Joint account( Mother and daughter. Maturity value for daughter at age 18 w.e.f August 2005 National Surveillance Cell on the anvil by GOI to ensure better implementation of PC & PNDT Act. Former Honble Union Minster and NCW, Chairperson, Dr. Girija Vyas hints at Urgent Need to Strengthen penal provisions of the Act

Post 2003 Amendments Scenario in response to the verdict of Honble Supreme Court of India
Additional powers to Appropriate Authorities under the act

He/She is the chief implementing authority Appointed by state government State level advisory committee is now a multimember body with representations from women's organization, Deptts. of Law and Health & Family Welfare He/She advises the advisory committees at state/district/sub-district levels

Responsibilities of Appropriate Authority

Granting of registration to clinics after due inspection and investigation. Conducting investigations into any alleged breach of the provisions of the Act and enforcing standards Initiating legal action against those involved in sex determination practice. Suspending or canceling registration pursuant to investigations and seeking the opinion of the Advisory Committee Creating public awareness on the issue of sex determination Recommending changes in the Act and Rules to the Central and State Supervisory Boards Preparation of quarterly reports. Any other function that may be required for the implementing the law.

Investigative Powers of Appropriate Authority

Summoning of any person who is in possession of any information relating to the violations of the provisions of the rules Seeking the production of any document or material in relation to the above Issuing a search warrant for any place suspected of conducting sex determination or sex selection tests. Conducting search and seizures at the premises, where they believe violations of the law has happened in accordance with the relevant provisions contained in the code of criminal procedure To use the amount raised by way of registration fee/fines, for activities connected with implementation of the act.

Outcome of implementation of PC & PNDT Act 1996 (with amendments in 2003)

As on Dec., 2004 States/UT No. of Est./clinics registered
2269
1749 2141 893

No. of court/police cases

14
28 08 22

No. of machines seized/sealed

51*

Gujarat Karnataka Andhra Pradesh

Haryana

Punjab
Delhi Himachal Pradesh Rajasthan

1155
1779 160 960

51
73 -3

10
-1 2

Chhattisgarh
Jharkhand Orissa

300
116 279

--1

--1

41 USC cancelled / 59 USC suspended

Efforts by NCTD
As per information upto 31.03.2005
Total No. of regd. facilities under PNDT Act Genetic counseling Center Genetic Laboratories Genetic clinics/ Imaging centers Ultrasound Clinic Jointly as any combination of above Mobile Clinics No. of Govt. facilities No. of Complaints in the court for PNDT Act violation Hindustan Times New Delhi 6th. August,2005 1860 211 222 462 159 774 30 45 75

Torpedo Attempt Thwarted

Sex determination Petition Dismissed

Mumbai : The Honble Mumbai high Court dismissed an application filed by a couple , Vinod Soni and his wife Sunita , seeking permission to undergo sex determination test as they desired to have a baby girl. A division bench of Justice V.G.Palshikar and V.C.Daga dismissed the application stating that there is no such provision in the law
The Indian Express : Ahmedabad : Tuesday : June 142005

UNION GOVT ACTS TUFF

Recently formed National Inspection Monitoring committee sealed 3 large hospitals and issued show cause notices to some within NCTD, for varying degrees of noncompliance of the Act. In Faridabad and Ghaziabad, two clinics have been sealed for the violation of the Act.

DHANYABAAD