NEWS: The Supreme Court ruled that improper maintenance or omissions in Form Fà are substantive violations, not mere clerical errors, under the PC-PNDT Act, which aims to prevent female foeticide and sex-selective practices.

About the Act

• Enacted to prevent sex selection and female foeticide before and after conception.
• Prohibits any technology, treatment, or procedure used for determining or selecting the sex of a child.

Key Provisions

• Prenatal diagnostic techniquesà allowed only for detecting genetic, metabolic, chromosomal, or congenital disorders.
• Procedures permitted only under specific conditions such as:
  • Mother above 35 years
  • History of multiple miscarriages
  • Family history of genetic disorders
• Genetic Counselling centres, Laboratories, and Clinics must be registered under the Act
• Ban on advertisements related to sex determination or sex selection services.
• Offences are cognisable, non-bailable, and non-compoundable.
• Punishment: Up to 3 years imprisonment for first offence and 5 years for subsequent offences.

Key Issues

• Minor clerical mistakes in Form F treated as serious offences.
• NIPT (Non-Invasive Prenatal Testing) enables sex determination through blood tests, bypassing ultrasound-based monitoring.
• IVF-PGD loophole may allow sex-based embryo selection.
• Corruption and misuse of powers by enforcement authorities.
• Excessive focus on medical professionals while ignoring societal son preference.

Suggested Reforms

• Graded penalties for minor documentation errors.
• Integrate PC-PNDT with Assisted Reproductive Technology (ART) regulations.
• Regulate NIPT kits and strengthen ultrasound tracking systems.
• Establish fast-track courts for speedy disposal of cases.
• Improve training and accountability of enforcement authorities.

Significance

• Protects the girl child and promotes gender equality.
• Acts as India's primary legal framework against sex-selective abortions and declining child sex ratio.