NEWS

Only the appropriate authorities notified by the State Government can initiate criminal prosecution against health facilities for violation of provisions of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994, ruled the Karnataka High Court.

THE CASE AND RULING

• HC passed the order while quashing a criminal proceeding initiated against Dhondiba Anna Jadhav Memorial Hospital of Gokak in Belagavi district and two medical practitioners for allegedly failing to maintain records as required under the Act
• HC noted that the Act empowers only those officers, who have been notified as ‘appropriate authorities’ under Section 17 of the Act, are entitled to launch criminal prosecution for violation of provisions of the Act and the rules
• Act notifies Assistant Commissioners as ‘appropriate authorities’ for the respective sub-divisions of some of the
• The High Court also noted from the Act that there is a bar on the magistrate taking cognisance of an offence except on a complaint lodged by the appropriate authority or an officer authorised on his/her behalf by the government

ABOUT PCPNDT ACT

• Passed in 1994
• Enacted in response to the decline in Sex ratio

AIM –

• Ban the use of sex selection techniques before or after conception
• Prevent the misuse of prenatal diagnostic technique for sex selective abortion

OFFENCES-

• 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.

AMENDMENTS-

• 2003
• Improve the regulation of the technology used in sex
• Bring the technique of pre conception sex selection and ultrasound technique within the ambit of the act
• Empowered the central supervisory board and state level supervisory board was constituted

NOTE – In 1988, the State of Maharashtra became the first in the country to ban pre-natal sex determination through enacting the Maharashtra Regulation of Pre-natal Diagnostic Techniques Act.

MAIN PROVISIONS –

• Provides for the prohibition of sex selection, before or after conception
• Regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing them their use only to detect few cases
• 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
• Mandates compulsory registration of all diagnostic laboratories, all genetic counselling centres, genetic laboratories, genetic clinics and ultrasound clinics