Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994

The Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994

An Act to provide for the prohibition of sex selection, after conception, and for regulation of prenatal 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 foeticide; and, for matters connected therewith or incidental thereto.
Citation	Act No. 57 of 1994
Enacted by	Parliament of India
Date assented to	20 September 1994
Date commenced	1996
Amendments
The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act. 2003

Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of the Parliament of India enacted to stop female foeticides and arrest the declining sex ratio in India. The act banned prenatal sex determination.

Female foeticide in India

Main article: Female foeticide in India

This process began in the early 1990s when ultrasound techniques gained widespread use in India. There was a tendency for families to continuously produce children until a male child was born.^[1] Foetal sex determination and sex selective abortion by medical professionals has today grown into a Rs. 1,000 crore industry (US$ 244 million). Social discrimination against women and a preference for sons have promoted female foeticide in various forms skewing the sex ratio of the country towards men.^[2] According to the decennial Indian census, the sex ratio in the 0-6 age group in India went from 104.0 males per 100 females in 1981, to 105.8 in 1991, to 107.8 in 2001, to 109.4 in 2011. The ratio is significantly higher in certain states such as Punjab and Haryana (126.1 and 122.0, as of 2001).^[3]

Objectives

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 abortion.

Definitions

Sex selection is any act of identifying the sex of the foetus and elimination of the foetus if it is of the unwanted sex.^[4]

Salient features

Offences under this act include conducting or helping in the conduct of prenatal diagnostic technique in the unregistered units, sex selection on a man or woman, conducting PND test for any purpose other than the one mentioned in the act, sale, distribution, supply, renting etc. of any ultra sound machine or any other equipment capable of detecting sex of the foetus. Main provisions in the act are^[5]

The Act provides for the prohibition of sex selection, before or after conception.
It regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing them their use only to detect :
1. genetic abnormalities
2. metabolic disorders
3. chromosomal abnormalities
4. certain congenital malformations
5. haemoglobinopathies
6. sex linked disorders.
No laboratory or centre or clinic will conduct any test including ultrasonography for the purpose of determining the sex of the foetus.
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.
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 Rs. 10,000.

Compulsory registration

The Act mandates compulsory registration of all diagnostic laboratories, all genetic counselling centres, genetic laboratories, genetic clinics and ultrasound clinics.^[1]

Amendment in 2003

Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PNDT), was amended in 2003 to The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act (PCPNDT Act) to improve the regulation of the technology used in sex selection.

Implications of the amendment are

Amendment of the act mainly covered bringing the technique of pre conception sex selection within the ambit of the act
Bringing ultrasound within its ambit
Empowering the central supervisory board, constitution of state level supervisory board
Provision for more stringent punishments
Empowering appropriate authorities with the power of civil court for search, seizure and sealing the machines and equipments of the violators
Regulating the sale of the ultrasound machines only to registered bodies

References

1 2 "orissa gov. India" (PDF). Dr. Krushma chandra.
↑ "UNICEF India". UNICEF.
↑ Arnold, Fred, Kishor, Sunita, & Roy, T. K. (2002). "Sex-Selective Abortions in India". Population and Development Review. 28 (4): 759–785. doi:10.1111/j.1728-4457.2002.00759.x. JSTOR 3092788.
↑ "Answers to Frequently Asked Questions" (PDF). Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act. Ministry of Health and Family Welfare, Government of India. Retrieved 27 June 2012.
↑ Goel, Ayush. "Preconception and prenatal diagnostic techniques act". Radiopaedia. Retrieved 28 May 2015.

External links

Indian Legislations

Constitution of India (amendments) Indian Penal Code CrPC

In Force

Corruption	Benami Transactions Black Money Corruption Lokpal Mines & Minerals Act 2015 Money Laundering Whistle Blowers

Criminal	Armed Forces (Special Powers) Act Armed Forces Tribunal Act, 2007 Arms Act, 1959 Army Act Criminal Law (Amendment) Act, 2013 Juvenile Justice (Care and Protection of Children) Act, 2015 National Security Act (India) Protection of Women from Domestic Violence Act 2005 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Education	National Institutes of Technology Act, 2007 Right of Children to Free and Compulsory Education Act University Grants Commission Act, 1956

Environment	Biological Diversity Act, 2002 Environment Protection Act, 1986 Indian Forest Act, 1927 National Green Tribunal Act Protection of Plant Varieties and Farmers' Rights Act, 2001 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Wildlife Protection Act, 1972 CAMPA bill Air (Prevention and Control of Pollution) Act

Financial	The High Denomination Bank Notes (Demonetisation) Act, 1978 Aadhaar Act COFEPOSA Depositories Act Expenditure Tax Act, 1987 Fiscal Responsibility and Budget Management Act, 2003 Foreign Contribution Regulation Act Foreign Exchange Management Act Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 The Income-tax Act, 1961 Indian Stamp Act, 1899 Insolvency and Bankruptcy Code Insurance Act, 1938 National Rural Employment Guarantee Act, 2005 Negotiable Instruments Act, 1881 Electricity Act Real Estate (Regulation and Development) Act, 2016 The Competition Act, 2002 Securities Laws (Amendment) Act, 2014 Street Vendors Act, 2014 Urban Land (Ceiling and Regulation) Act, 1976

Healthcare	Central Council of Homoeopathy Act, 1973 Clinical Establishments Act Dentist Act Drugs and Cosmetics Act, 1940 Drugs and Magic Remedies Act Indian Medical Council Act Mental Health Act, 1987 Narcotic Drugs and Psychotropic Substances Act, 1985

Personal	Hindu Adoptions and Maintenance Act (1956) The Hindu Marriage Act, 1955 Hindu Minority and Guardianship Act Hindu Succession Act, 1956 Special Marriage Act, 1954 The Muslim Women (Protection of Rights on Divorce) Act 1986

Social	Child Labour (Prohibition and Regulation) Act Consumer Protection Act, 1986 Essential Commodities Act Essential Services Maintenance Act Indecent Representation of Women (Prohibition) Act National Food Security Act, 2013 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 Societies' Registration Act The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Unorganised Workers' Social Security Act Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

State Laws	Anti-Superstition and Black Magic Act Maharashtra Control of Organised Crime Act The Gujarat Local Authorities Laws (Amendment) Bill, 2009 Puducherry Prevention of Anti-Social Activities Act

State Reorganisation	Chattisgarh Jharkhand Punjab States Telangana Uttarakhand

Terrorism	Unlawful Activities (Prevention) Act

Transportation	Aircraft Act Motor Vehicles Act, 1988 National Waterways Act, 2016 Inland Vessels Act Metro Railways Act, 1978 Metro Railway Act, 2002

Organisation / Body	Chartered Accountants Act, 1949 Companies Act 2013 Gram Nyayalayas Act, 2008 Indian Trusts Act, 1882 Panchayats (Extension to Scheduled Areas) Act 1996 Reserve Bank of India Act, 1934

Other	Delimitation Act Enemy Property Act, 1968 Information Technology Act, 2000 Nuclear Liability Act Representation of the People Act, 1951 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Right to Information Act, 2005 State Emblem of India (Prohibition of Improper Use) Act, 2005 The Foreigners Act, 1946

Repealed

Pre-Independence	Age of Consent Act, 1891 Criminal Tribes Act Hindu Widows' Remarriage Act, 1856 Land Acquisition Act 1894 Official Secrets Act (India)

Post-Independence	Anti-Copying Act, 1992 Foreign Exchange Regulation Act Gift Tax Act, 1958 Illegal Migrants (Determination by Tribunal) Act, 1983 Interest Tax Act, 1974 Juvenile Justice (Care and Protection of Children) Act, 2000 Maintenance of Internal Security Act Prevention of Terrorism Act, 2002 Terrorist and Disruptive Activities (Prevention) Act The Gold (Control) Act, 1968 The Monopolies and Restrictive Trade Practices Act, 1969 Wealth Tax Act, 1957

Bills

Proposed	Marriage Laws Amendment Bill Road Transport and Safety Bill Uniform civil code Geospatial Information Regulation Bill Gujarat Control of Organised Crime Act Taxation Laws (Second Amendment) Bill, 2016

Lapsed	Women's Reservation Bill

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