Pre-Natal Diagnostic Techniques Act, 1994 - Regulation of Pre-Natal Diagnostic Techniques

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CHAPTER III - REGULATION OF PRE-NATAL DIAGNOSTIC TECHNIQUES

          Regulation of pre-natal diagnostic techniques.- On and from the commencement of this Act,--

(1) no place including a registered Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall be used or caused to be used by any person for conducting pre-natal diagnostic techniques except for the purposes specified in clause (2) and after satisfying any of the conditions specified in clause (3);

(2) no pre-natal diagnostic techniques shall be conducted except for the purposes of detection of any of the following abnormalities, namely:--

           (i)    chromosomal abnormalities;

          (ii)    genetic metabolic diseases;

         (iii)     haemoglobinopathies;

         (iv)     sex-linked genetic diseases;

         (v)      congenital anomalies;

        (vi)      any other abnormalities or diseases as may be specified by the Central Supervisory Board;

 (3) no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied that any of the following conditions are fulfilled, namely:--

            (i) age of the pregnant woman is above thirty-five years;

            (ii) the pregnant woman has undergone of two or more spontaneous abortions or foetal loss;

            (iii) the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals;

            (iv) the pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease;

             (v) any other condition as may be specified by the Central Supervisory Board;

 (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).

 (5) Written consent of pregnant woman and prohibition of communicating the sex of foetus.

       (1) No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic procedures unless—

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

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

          (c)  a copy of her written consent obtained under clause (b) 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.

 (6)  Determination of sex prohibited.- On and from the commencement of this Act,--

           (a)   no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall conduct or cause to be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including ultrasonography, for the purpose of determining the sex of a foetus;

          (b)   no person shall conduct or cause to be conducted any pre-natal diagnostic techniques including ultrasonography for the purpose of determining the sex of a foetus.

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rsethi 

Hi everyone . We should all be ashamed of not just the declining sex ratio but of all the atrocities that are committed on the females in our country . The injustice begins at the time of conception and is carried on at home, in offices, public places, everywhere ... If girls were not considered a burden , then people would not want to do away with them, and there would not be any need for such an act which i believe is unique to our country.
Now coming to the PCPNDT ACT, i am sure it has been made after a lot of discussion and deliberation by intellectuals and legal experts but for us doctors and sonologists , it means hours wasted in record keeping and ulcers wondering if our form filling will meet upto the expectations of the Appropriate Authority and tension headaches thinking when the next surprise inspection will be done and what shortcomings will the inspection team find in our clinics and whether our clinic will survive the inspection or wheter it will be sealed for want of a name-plate or mismatched signature or incomplete address or may be a wrong phone no.
We are all qualified professionals and we wish to abide by all the rules and regulations of this Act. It is in fact our moral duty to do all that we can to prevent this female foeticide. If whatever we are doing presently under the Act has actually helped in curtailing the declining sex ratio, then we will continue to do so with joyous heart ......
But my friends, that has not happened except in a very few places.
What the govt. needs is not an Act, but a Will....to catch the culprits and to bring them to justice.
Let the members of PNDT committees, the law enforcing officers, the various NGOs, the press people....let them discreetly ask their maids/ sweepers,other helpers....and they will find out where the prenatal sex determination is being done / who is violating the law / and where are those females going for sex selective abortion ...... Then it is upto the authorities to take action.
And please please educate the society......that is the only thing that will decrease the demand and hence dry up the supply of sex determination places.

jayshreepatil 

you r doing good jos but doing cases on doctors who r not really doing sex determination on due to incomplete record.please think on those doctors after all there carrios get in risk.

spatils 

yes i am agree with you but you are really doing harashment of the doctors who are not doing sex determination ,only in f-form mistakes please dont do like this this will not improve your sex ratio.remove the culprits who does sex determination

umeshshinde 

hello..this is worst act as far as doctors are concerned.No doubt it will reduce sex determination but act has certain defects needs to be cured.the punishment of three years is imposed for defects in maintaining records under PNDT act this is not justice to doctors as doctor is person and to make a error is human being then the doctor shouldnt be punished for such small thing i.e defects in filling the forms or maintaining records.The act aims at controlling the sex determination.hence punishment of three years is ok for sex determination.secondly ,the raid shouldnt be allowed without taking confidential permission from health department and after satisfaction of necessity of raid the appropriate authority should conduct the raid.The appropriate authority must have one legal expert to advise.more to write but next time friends....from :umesh A.Shinde advocate satara mo.9822637138

ven-56 

I WANT TO APPLY FOR RENEWAL OF REGISTRATION UNDER pc pndt aCT.i WANT AFFIDAVIT PROFORMA. hOW CNGET IT.

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