pndt

7/28/2019 PNDT

1/47

7/28/2019 PNDT

2/47

7/28/2019 PNDT

3/47

Introduction

The Pre-natal Diagnostic Techniques (Regulation and Prevention ofMisuse) Act, 1994, was enacted and brought into operation from 1stJanuary, 1996, in order to check female foeticide.

" An Act to provide for the regulation of the use pre-natal diagnostictechniques for the purpose of detecting genetic abnormalities orcertain 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"

7/28/2019 PNDT

4/47

Before going ahead,

Lets have a look at the

past..

7/28/2019 PNDT

5/47

1 out of every 3 girls does

not live to see her 15th

birthday.

One third of these deaths

take place at birth.

Every 6thgirl childs death

is due to gender

discrimination.

Female mortality exceeds

male mortality in 224 out of

402 districts in India

7/28/2019 PNDT

6/47

The world population has a sex

ratio of 990 females per 1000

males.

Sex Ratio:

Japan - 1041

U.S.A -1029

Indonesia - 1004 Bangladesh - 953

China - 944

India933

India has one of the lowest sex

ratio in the world

7/28/2019 PNDT

7/47

7/28/2019 PNDT

8/47

State with Highest

Female Sex Ratio Kerala 1,058State with Lowest

Female Sex Ratio Haryana 861UT with Highest

Female Sex Ratio Pondicherry 1,001UT with Lowest

Female Sex Ratio Daman & Diu 710District with Highest

Female Sex Ratio Mahe(Pondicherry) 1,147

District with Lowest

Female Sex Ratio Daman (Daman& Diu) 591

Source: Census of India

7/28/2019 PNDT

9/47

Sex selective abortion is a fairly recent phenomena but its root can be traced back to the age old practice

of female infanticide

In the 18th century, infanticide was initially documented by British officials

The scope of the problem became clear in 1871, at the time of Indias first census. there was asignificantly abnormal sex ratio of 940 women to 1000 men

The Infanticide Act in 1870 by the British, making it illegal. But the Act was difficult to enforce in a

country where most birth took place at home and registration was not compulsory

This inhuman practice continues even today. Unfortunately gross misuse of technological advancement

has aggravated this problem of female foeticide and ultrasound machines that were earlier used for

other medical purposes are now being extensively used to determine the sex of the child

7/28/2019 PNDT

10/47

Female Foeticide

It is a practice that involves the

detection of the sex of the unborn

baby in the womb and the decision

to abort it if the sex is detected as a

female

This detection of the sex of the

baby is done through three

methods:

amniocentesis; chronic villus sampling

ultrasonography

7/28/2019 PNDT

11/47

Sex Pre-selection

Parents frequently prefer their offspring to be of a particular sex for avariety of reasons. Social sex selection or human sex selection is the

attempt to control the sex of the offspring to achieve a desired sex

Three categories for methods of Sex Selection

7/28/2019 PNDT

12/47

Causes of Female Foeticide

economic

social

governance

and policiestechnology

political

whereas

state-of-the-

art supply side

(technical andpolitical)

factors

essentially

fuel or at least

tolerate

prevailingsocial request

Demand side

(socio-

economic)

factors seem

to be primary

reasons for

the wide

spread of FF

7/28/2019 PNDT

13/47

Economic Causes

Sons providethe workforceas they bringin a bride seenas an extra

pair of hands

Daughters donot stay withthe family.Hence parentsdo not profitfrom anyinvestmentsmade in thedaughter.

Dowry is ahuge financial

burden on thefamilies. This

burden leadsto thedaughter

being

perceived as aliability

Labour

marketdiscriminations are animportantform ofeconomic

discrimination

Women areoften paidlesser thantheir malecounterparts.

Womensearnings inIndia are only

38% of themale earnings(HDR 2004)

7/28/2019 PNDT

14/47

Social Causes

Social causesemanate from

religiousbeliefs,

sanctions andpractices

Parents areconsidered to bethe trustees oftheir daughters,

who belongs toanother familyand in reality, isonly a guest tillshe is married off

into her

matrimonial home

Practice ofdowry furtherreduces the

status ofwomen andthe desire to

have adaughter

7/28/2019 PNDT

15/47

Technological Factors

Before diagnostictechniques for sex detectionwere available, one couldnot carry out sex-selected

abortions at all

With technology, a newway to get rid of the

unwanted girl child wasdiscovered

According to UNICEF, theproblem of female foeticide

has been rising, astechnology has been

improving

Different technologies for sexdetermination are increasinglybeing available in rural areas

also, and this is fuelling fearsthat sex-determined abortionswill only increase in the future

Foeticide is a natural corollary of

infanticide, a result of theintroduction of technology

7/28/2019 PNDT

16/47

Causes due to Governance and Policies

India was

one of thefirst nations

to have afamily

planningpolicy

(1952)

Two-childnorm has been

inculcated tothe people

through publicawarenesscampaigns,rather than

throughcoercion

With increasedurbanization families

have become

increasingly nuclear,there is realization of

the economicbenefits of the small

family, at the sametime, the ingrained

values such as sonpreference haveremained intact

In urban India,large no of

people adopt asmall family

femalefoeticide oftenis practiced to

limit the sizeof the family

7/28/2019 PNDT

17/47

-- Reema Rajoli

7/28/2019 PNDT

18/47

"Appropriate Authority" means the Appropriate Authority appointed under

section 17.

"Genetic Counselling Centre" means an institute, hospital, nursing home or anyplace, by whatever name called, which provides for genetic counselling to

patients.

"Genetic Clinic"means a clinic, institute, hospital, nursing home or any place,

by whatever name called, which is used for conducting pre-natal diagnostic

procedures.

"Genetic Laboratory" means a laboratory and includes a place where facilities

are provided for conducting analysis or tests of samples received from

Genetic Clinic for pre-natal diagnostic test.

"Regulations" means regulations framed by the Board under this Act.

7/28/2019 PNDT

19/47

"Gynaecologist means a person who possesses a post-graduate qualification in

gynaecology and obstetrics

Medical Geneticist" means a person who possesses a degree or diploma or

certificate in medical genetics in the field of pre-natal diagnostic techniques or has

experience of not less than two years in such field after obtaining

(i) Any one of the medical qualifications recognised under the Indian Medical

Council Act, 1956 (102 of 1956)or

(ii) a post-graduate degree in biological sciences

Pre-natal diagnostic procedures" means all gynaecological or obstetrical or

medical procedures such as ultrasonography foetoscopy, taking or removingsamples of amniotic fluid, chorionic villi, blood or any tissue of a pregnant woman

for being sent to a Genetic Laboratory or Genetic Clinic for conducting pre-natal

diagnostic test

7/28/2019 PNDT

20/47

Pre-natal diagnostic techniques includes all pre-natal diagnostic procedures and

pre-natal diagnostic tests.

Pre-natal diagnostic testmeans ultrasonography or any test or analysis of

amniotic fluid, chorionic villi, blood or any tissue of a pregnant woman conducted

to detect genetic or metabolic disorders or chromosomal abnormalities or

congential anomalies or haemoglobinopathies or sex-linked diseases.

Prescribed means prescribed by rules made under this Act.

Registered medical practitioner means a medical practitioner who possesses

any recognized medical qualification as defined in clause.

7/28/2019 PNDT

21/47

Regulations

No Genetic Counseling Centre, Genetic Laboratory orGenetic Clinic unless registered under this Act, shall..

Conduct or associatewith, or help in, conductingactivities relating to pre-natal

diagnostic techniques

Employ any person whodoes not possess the

prescribed qualifications

7/28/2019 PNDT

22/47

Registration

No person shall open any Genetic Counseling Centre, Genetic Laboratoryor Genetic Clinic after the commencement of this Act unless such Centre,Laboratory or Clinic is duly registered separately or jointly under this Act.

Every application for registration shall be made to the AppropriateAuthority and shall be accompanied by such fees as may be prescribed.

No Genetic Counseling Centre, Lab or Clinic shall be registered under thisAct unless the Appropriate Authority is satisfied that such Centre,

Laboratory or Clinic is in a position to provide such facilities, maintainsuch equipment and standards as may be prescribed.

7/28/2019 PNDT

23/47

Every Genetic Counseling Centre, Lab or Clinic engaged in counseling

or conducting pre-natal diagnostic techniques,

immediately before the commencement of this Act, shall apply for

registration within sixty days from the date of such commencement.

shall cease to conduct any such counseling or technique on the expiry of six

months from the date of commencement of this Act unless such Centre,

Laboratory or Clinic has applied for registration.

7/28/2019 PNDT

24/47

Scrutiny by Appropriate Authority

Inspection of the premises

Scrutiny by Advisory Committee

Appropriate Authority grants certificate of registration

The certificate is given in duplicate

The certificate should be displayed in the centre, laboratory or clinic

The certificate may specify one or more tests or procedures

The certificate is non-transferable

In the event of change of ownership or management, both copies of certificate to be

surrendered to Appropriate Authority

Steps After Applying

7/28/2019 PNDT

25/47

The Certificate must mention the number of ultrasound machines in the centre. The

list of machines, including portable, should be displayed.

Rejection: If rejected, the reasons shall be given in writing and as specified in Form C.

The same shall be communicated to the applicant within 90 days from the date ofreceipt of the registration.

Cancellation / suspension of registration: The Appropriate Authority can at any time,

on its own or on a complaint issue a show cause notice as to why the registration should

not be cancelled or suspended for breach of any of the provisions of the Act or the rules.

The clinic, laboratory or centre must be given an opportunity to defend itself against thecharges. In exceptional cases, the AA may act without issuing a show cause notice.

Validity: 5 years.

Renewal 30 days before the date of expiry.

Each new owner or manager to apply a fresh

All bodies registered under the Act shall give an affidavit affirming that they will not

indulge in pre natal determination of sex as mandated by the Supreme Court.

7/28/2019 PNDT

26/47

7/28/2019 PNDT

27/47

Regulation No.1

No place including a registered Genetic Counseling Centre or Genetic

Laboratory or Genetic Clinic shall be used by any person for conducting

pre-natal diagnostic techniques except for the purposes specified in the act

7/28/2019 PNDT

28/47

Regulation No.2

Chromosomalabnormalities

Genetic

metabolic

diseases

Haemoglobin

opathies;

Congenital

anomalies;

Sex-linked

genetic

diseases;

No pre-natal diagnostic techniques shall beconducted except for the purposes of detection

of any of the following abnormalities, namely :

7/28/2019 PNDT

29/47

Regulation No.3

No pre-natal diagnostic techniques shall be used or conducted unlessthe person qualified to do so is satisfied that any of the followingconditions are fulfilled, namely:--

age of the pregnant woman is above thirty-five years; the pregnant woman has undergone of two or more spontaneous abortions

or foetal loss;

the pregnant woman had been exposed to potentially teratogenic agentssuch as drugs, radiation, infection or chemicals;

the pregnant woman has a family history of mental retardation or physical

deformities such as spasticity or any other genetic disease; any other condition as may be specified by the Central Supervisory Board.

7/28/2019 PNDT

30/47

Regulation No.4

No person, being a relative or the husband of the pregnant

woman shall seek or encourage the conduct of any pre-natal

diagnostic techniques on her except for the purpose specified

in clause (2).

7/28/2019 PNDT

31/47

Regulation No.5

Written consent of pregnant woman and prohibition of communicating

the sex of foetus.

1. No person shall conduct the pre-natal diagnostic procedures unless

(a) he has explained all known side and after effects of such procedures to thepregnant woman concerned

(b) he has obtained in the prescribed form her written consent to undergo suchprocedures in the language which she understands; an

(c) a copy of her written consent obtained is given to the pregnant woman.

2. No person conducting pre-natal diagnostic procedures shall communicate

to the pregnant woman concerned or her relatives the sex of the foetus by

words, signs or in any other manner.

7/28/2019 PNDT

32/47

Penalties For Violation

Imprisonment for a three years andfine of Rs 50,000. Subsequent offence,the fine can go up to Rs 1,00,000 andimprisonment up to five years

Person who seeks the aid of agenetic or ultrasound clinic

for sex selection

Imprisonment for up to 3 yearsand fined Rs. 10,000

Advertisement for pre-natal & pre-conception

sex determination

Imprisonment for up to 3 years andfined Rs. 10,000. Subsequent offence,the fine can go up to Rs 50,000 andimprisonment to five years

Gynaecologist, registeredmedical practitioner or any

person who owns an geneticcounseling center where the

test is conducted

7/28/2019 PNDT

33/47

All records, charts, forms, reports, consent letters and all other documentsrequired to be maintained under this Act shall be preserved for a period oftwo years.

If any criminal or other proceedings are instituted against any GeneticCounseling Centre, Lab or Clinic, then the records shall be preserved tillthe final disposal of such proceedings.

All such records shall, at all reasonable times, be made available forinspection to the Appropriate Authority or to any other person authorized

by the Appropriate Authority in this behalf.

7/28/2019 PNDT

34/47

7/28/2019 PNDT

35/47

7/28/2019 PNDT

36/47

Medico-legal Implications

Foeticide or feticide is primarily a legal issue referring to

illegal killing of a foetus

Maybe a legitimately induced abortion

Unfortunately fetal homicide are running rampant

An issue closely related to violation of not just women rightsbut more importantly, of human rights

7/28/2019 PNDT

37/47


Against medical ethics to determine the sex of a foetus

As per the PCPNDT act, any attempt to determine the gender

of a foetus is a punishable act under legal jurisdiction

New Delhi, July 13: India plans to create a registry of all

pregnancies to help curb widespread female foeticide and

reduce its high infant mortality rate, although activists say thescheme will be hard to implement

7/28/2019 PNDT

38/47


The Rajasthan government has filed police complaints against

21 doctors alleged to have been involved in the practice of

female foeticide. (Case of 2006) No action yet

One of the reasons why female foeticide is still quite prevalent

in the state could be the low conviction rate in such cases

Despite making strong cases against the accused, there have

hardly been any convictions under the Pre Natal Diagnostic

Techniques (Regulation and Prevention of Misuse) Act in the

recent past

7/28/2019 PNDT

39/47

Safeguards

Ultrasound machines, including mobile ones, have to beregistered and records of all pre-natal diagnostic testsconducted to be maintained

[F ] form need to be filled by radiologists and patients

Every month the records are submitted at BMC office

The centre's which default their ultrasound machines areconfiscated by BMC

7/28/2019 PNDT

40/47

Safeguards

SILENT SCREENER coming soon

Sonography centre's across the state will soon have to fall in

line and install a special device called a silent observer in

pregnancy test machines to help curb female foeticide

The central and state supervisory board will have

representatives of woman welfare organizations, social

scientists as well as medical experts

7/28/2019 PNDT

41/47

HowCan You

HELP ?

-each one of

us counts

7/28/2019 PNDT

42/47

We can contribute by:

Understanding the underlying factors that lead to sex selection

Creating awareness about this issue in our homes, communities,neighbourhoods and organisations

Encouraging a greater public debate and bringing the issue out in theopen by raising it at every possible forum

Reporting the matter to the authorities when the law is infringed

Encouraging the media to undertake in-depth reporting of this issue

Lobbying with the authorities for effective implementation of the law

Networking with groups and bodies actively involved in mobilizing thecommunity

Encouraging setting up new groups and forums to work in this area, and Taking the first steps towards gender equality in our own workplaces andhomes

7/28/2019 PNDT

43/47

Case Study

Channo Devi is a scheduled caste Sikh from mansa district which is themost backward area of Punjab

She and her husband are illiterate and are landless labourers. She is from a

very poor family and not very religious

She has three daughters 6,5 and 3 years old. She thinks a boy is must in the

family

She has been pregnant 5 times and got female foeticide done twice. Shethinks sex of the child depends on God and came to know about ultrasound

through a neighbor.

7/28/2019 PNDT

44/47

She thinks it is better to know the sex of the foetus as it is

very essential to have a son as he looks after the parents in old

age

According to her first child should be male and she thinks had

it been the case with her, she would not have given birth to so

many daughters

She was physically abused by her in laws for not giving birth

to a son

She got the abortion done on the advice of her husband and

has no regrets

7/28/2019 PNDT

45/47

She is 34 and still plans to give any number of chances to have

a male child and does not want to have any more daughters,

therefore, she plans to go for sex determination and abortion incase foetus is female

She feels it is sin to kill the foetus but this does not deter her

from selective abortion

IN SUCH CASES ,RELIGIOUS ADVOCACY IN THE

PRESENT FORM IS NOT GOING TO WORK

7/28/2019 PNDT

46/47

References

http://www.medindia.net/indian_health_act/the_pre_n

atal_diagnostic_techniques_pndt_act_rules/list-of-

acts.htm

http://pndt.gov.in/

http://www.indiafemalefoeticide.org/

7/28/2019 PNDT

47/47

pndt

Documents