Q. Why in
News/Context - Justice Swarana Kanta Sharma (Delhi High
Court) remarked that “the low rate of conviction under the PC & PNDT Act
poses a significant challenge, as it is incredibly arduous to prohibit prenatal
diagnosis of sex” (The Hindu May 1, 2023, PIB – April 26,2023).
Q. What is PC & PNDT Act?
·
The PC-PNDT Act was enacted on 20 September
1994 with the intent to prohibit prenatal diagnostic techniques for
determination of the sex of the fetus leading to female feticide
Q. Objective:
·
The main purpose of enacting the act is to
ban the use of sex selection techniques after conception and prevent the misuse
of prenatal diagnostic technique for sex selective abortions.
Q. What are the main Provisions of this act?
1.
The
Act provides for the prohibition of sex selection, before or after conception.
2.
It
regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing
them their use only to detect -genetic abnormalities, metabolic disorders, chromosomal
abnormalities,
certain congenital malformations, haemoglobinopathies and sex linked
disorders.
3.
No laboratory or centre
or clinic will conduct
any test including ultrasonography for the purpose
of determining the sex of the foetus.
4.
No
person, including the one who is conducting the procedure as per the law, will
communicate the sex of the foetus to the pregnant
woman or her relatives by words, signs or any other method.
5.
Any
person who puts an advertisement for pre-natal and pre-conception sex
determination facilities in the form of a notice, circular, label, wrapper or
any document, or advertises through interior or other media in electronic or
print form or engages in any visible representation made by means of
hoarding, wall painting, signal, light, sound, smoke or gas, can be imprisoned for up to three years and fined ₹
10,000.
Compulsory registration
·
The Act
mandates compulsory registration of all diagnostic laboratories, all genetic
counselling centres, genetic laboratories, genetic clinics and ultrasound
clinics.
Q. What are the observations made
by Delhi HC?
The Delhi High Court has remarked that certain aspects of the
Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex
Selection) (PC & PNDT) Act need reconsideration for effective
implementation of the Act:
·
The police
is not the first authority competent to initiate action under the Act. The police should not be involved
in raids, seizure, etc. “as far as possible”, the practicality of this aspect
needs to be reconsidered since such action “has to be as per the CrPC for
conducting raids at facilities/clinics”.
·
Another
grey area of the Act is that while the powers of investigation, search,
seizure, raid, cancellation or suspension of registration of medical centres
and facilities have been given to the Appropriate Authority, the offences under
the Act have been made ‘cognizable’ without vesting the power of arrest in the
Appropriate Authorities.
·
The low
rate of conviction under the PC & PNDT Act poses a significant challenge,
as it is incredibly arduous to prohibit prenatal diagnosis of sex”.
