1. PC PNDT ACT
DR.AKASH GAJJAR

2. PC PNDT ACT PRE CONCEPTION & PRENATAL DIAGNOSTIC TECHNIQUES
( REGULATION & PREVENTION OF MISUSE ) ACT 1994
Renamed as
(PROHIBITION OF SEX SELECTION ))ACT 1994

3. “An act
- to provide for the prohibition of sex
selection before or after conception ,
- and for regulation of prenatal diagnostic techniques for the purposes of detecting abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders
- and for prevention of their misuse for sex determination leading to female foeticide and for matters connected there with or incidental thereto “

4. Why this act came in to existance?
To check the gender imbalance

5. PRENATAL DIAGNOSTIC TECHNIQUES
Means all gynecological or obstetrical or medical procedures such as
ultrasonography ,
fetoscopy
taking or removing samples of
amniotic fluid
chorionic villi
embryo

6. blood or any other tissue or fluid of
a man or of a woman before or after conception for
being sent to a genetic lab or clinic for conducting any type of analysis or prenatal diagnostic tests before or after conception

7. INDICATIONS OF PRENATAL DIAGNOSTIC TECHNIQUES
These tests are conducted
to detect
- genetic or
- metabolic disoeders or
- chromosomal anomalies or
- hemoglobinopaties or
- sex linked diseases

8. What is sex selection technique
Any procedure , technique , test or administration ,on prescription or provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex

9. WHERE PRENATAL DIAGNOSTIC TECHNIQUES CAN BE CONDUCTED & WHO CAN CONDUCT THESE TECHNIQUES
Registered
GENETIC COUNSELLING CENTRE
GENETIC CLINIC
ULTRASOUND CLINIC/ IMAGING CENTRE
GENETIC LABORATORY

10. No person shall open any Genetic counselling centre ,Genetic lab or genetic clinic ,incuding clinic , lab or centre having ultrasound or imaging machine or scanner or any other technology capable of
undertaking determination of sex of fetus and sex selection , or render services to any one of them , after commencement of PCPNDT act Amendment 2000
unless such centre is duly registered under the act

11. REQUIREMENTS For genetic counselling centre
- Qualified gynecologist with six months of experience or four weeks of training in genetic counselling or
A medical geneticist
- Having adequate space ,and educational charts /models/equipments in carrying out counselling
- Centre should be registered -

12. GENETIC LABORATORY
A person having adequate space and being or employed
- a medical geneticist and a lab technician
having a BSc degree or diploma in medical lab course with at least one year experience in conducting appropriate prenatal diagnostic techniques , tests or procedures
- equipments for chromosomal studies , biochemical studies , molecular studies

13. GENETIC CLINIC Any person having adequate space and being or employing
- Gynecologist having experience of performing at least 20 procedures in chorionic villi aspirations ,chorion villi biopsy , amniocentesis , cordocentesis , foetoscopy , fetal skin/ organ biopsy or fetal blood sampling under supervision of an experienced gynecologist in these fields
Sonologist / Gynecologist having PG degree or diploma for USG

14. What is registered under this act
Place
MACHINE
Person

15. WHAT ARE PROHIBITIONS & REGULATIONS
Preconceptional sex selection
Prenatal sex determination
Advertisement about facilities of sex selection or sex determination

16. PROHIBITED
No person including the person conducting prenatal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person
the sex of the fetus by words , signs or in any other manner

17. ADVERTISEMENT
No person , organisation ,Genetic counselling center ,or genetic lab or genetic clinic having ultrasound machine or imagine machine or scanner or any other technology capable of determination of sex of fetus or sex selection
shall issue , publish, distribute,communicate.or cause to be issued,published ,distributedor communicated in any form,including ,internet,regarding
facilities of determination of sex or sex selection before conception by any means scientific or otherwise available at such place or centre

18. ADVERTISEMENT
It includes notice, circular,label,wrapper or any other document including advertisement through internet ,or any other media in electronic or print form and includes any hoarding , wall painting,signal, light , sound, smoke or gas

19. OFFENCE
Cognizable
Non bailable
Non compoundable

20. PENALTIES
Any person who contravenes the provisions of this act shall be punishable with imprisonment for a term which may extend to 3 years and with a fine which may extend to 50,000 Rs for the 1st offence &
5 yrs imprisonment & fine of Rs 1 lakh for subsequent offence
Name of Registered medical practitioner shall be reported by appropriate authority to the state medical council for taking necessary action

21. this action includes suspension of registration if the charges are frammed by the court ,and till the case is disposed of and
on conviction for removal of his name from register of the council for a period of 5 years for the 1st offence and permanently for subsequent offence

22. What about penalty to patient
Any person who seeks the aid of any recognised centre , Gynecologist or sonologist , or any other person
for sex selection or determination on any pregnant woman
shall be liable with imprisonment of 3 years & fine of Rs 50,000 for the 1st offence &
imprisonment for 5 years & fine of 1 lakh Rs for subsequent offence
Provisions do not apply to woman who is compelled for sex determination/selection

23. Regulating & implementing bodies
Board at national level – Central Govt
State supervisory board
District committee
Appropriate Authority
Collector & CDHO
Taluka level
Subdistrict AA & THO

24. RECORDS TO BE MAINTAINED & PRESERVED
Form D for genetic counselling centre
Form E for genetic Laboratory
Form F for genetic clinic, ultrasound clinic
imaging centre
Form G for invasive techniques
Register to be maintained
Records to be preserved for 2 years

25. Procedures for inspection and investigations by AA
Every genetic centre shall afford reasonable facilities for inspection of place,equipment,& records to AA or any person authorised by AA on his behalf
for
registration ,or detection of misuse or advertisement – for sex determination / selection / violation of the act
suomoto or on complain

26. Procedures for inspection and investigations by AA- suomoto or on complain
Appropriate authority or any officer authorised in this behalf
may enter and search at all reasonable times any centre

27. in presence of 2 or more independent witnesses for the purpose of
search & examination of records ,& seize the same if – there is reason to believe that it may furnish evidence of an offence

28. THE SWORD IS STILL HANGING
REMEDIES FOR LITIGATIONS
RECENT JUDGEMENTS
LOOP HOLES IN ACT
SUGGESTIONS
DO YOU THINK OF TRAINING OF AA FOR TRUE INTERPRETATION OF ACT ?