Discuss in detail Constitution, tenure, meetings, vacancies, Authentication of orders, Disqualification and functions of Central Supervisory Board under the PCPNDT, Act, 1994.
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| Discuss in detail Constitution, tenure, meetings, vacancies, Authentication of orders, Disqualification and functions of Central Supervisory Board under the PCPNDT, Act, 1994. |
Que: Discuss in detail Constitution, tenure, meetings, vacancies, Authentication of orders, Disqualification and functions of Central Supervisory Board under the PCPNDT, Act, 1994.
Ans:
A] Introduction
The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, is a significant legislation in India aimed at preventing female foeticide and promoting gender equality. The Act aims to regulate the use of prenatal diagnostic techniques and prohibit sex determination to prevent the misuse of these technologies for sex-selective abortions. To ensure effective implementation and monitoring of the Act, the Central Supervisory Board (CSB) was established. This article provides a detailed overview of the constitution, tenure, meetings, vacancies, authentication of orders, disqualification, and functions of the Central Supervisory Board under the PCPNDT Act, 1994, along with relevant sections, unique points, and case laws.
B] Constitution of the Central Supervisory Board:
Section 7 of the PCPNDT Act, 1994, empowers the Central Government to constitute the Central Supervisory Board. The CSB consists of various ex-officio members and eminent experts from the medical field, legal professionals, and representatives from relevant government departments.
1.Tenure and Meetings:
1.1.Tenure: The tenure of the members of the CSB is prescribed by the Central Government upon their appointment, and it is subject to the government's discretion.
1.2.Meetings: The CSB meets as and when required, as per the Central Government's directions or the need to discuss issues related to the implementation and enforcement of the PCPNDT Act.
2.Unique Points:
2.1.Expert Representation: The CSB comprises experts from various domains, ensuring that decisions and recommendations are based on comprehensive knowledge and expertise.
2.2.Wide Authority: The CSB holds a pivotal role in guiding and supervising the implementation of the Act at the national level.
3.Vacancies and Authentication of Orders:
3.1.Vacancies: In case any member of the CSB resigns, dies, or is unable to perform his or her duties, the Central Government may fill the vacancy with a suitable replacement.
3.2.Authentication of Orders: The CSB can authenticate orders and decisions made by the Board to ensure their validity and enforceability.
4.Disqualification:
Section 7(2) of the PCPNDT Act outlines disqualification criteria for membership of the CSB. A person can be disqualified from being a member of the Board if he or she:
- Has been convicted and sentenced to imprisonment for an offense involving moral turpitude.
- Is an undischarged insolvent.
- Is of unsound mind and stands so declared by a competent court.
- Has been removed or dismissed from service of the Government or a Corporation owned or controlled by the Government.
C] Functions of the Central Supervisory Board:
The CSB has several essential functions to ensure effective implementation of the PCPNDT Act:
- Formulating Policies: The Board formulates policies and guidelines for the effective implementation of the Act at the national level.
- Reviewing Implementation: The CSB reviews the implementation of the Act and suggests measures to address any shortcomings.
- Monitoring State Appropriate Authorities: The Board monitors the functioning of State Appropriate Authorities and their performance in enforcing the Act.
- Recommending Amendments: The CSB can recommend amendments to the Act based on the changing needs and emerging challenges in its implementation.
- Issuing Directions: The Board has the power to issue directions and guidelines to ensure uniform implementation of the Act across different states.
- Monitoring Awareness Campaigns: The CSB monitors awareness campaigns aimed at sensitizing the public about the Act's provisions and the consequences of sex determination.
D] Case Law: Centre for Enquiry into Health and Allied Themes (CEHAT) v. Union of India (2013)
In this case, the Supreme Court of India expressed its concern about the declining child sex ratio in the country and stressed the need for stricter implementation of the PCPNDT Act. The Court emphasized the importance of the CSB in monitoring and coordinating efforts to curb female foeticide.
E] Conclusion
The Central Supervisory Board (CSB) plays a critical role in overseeing and coordinating the implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, at the national level. Comprising experts from various domains, the CSB formulates policies, monitors implementation, and recommends measures to combat the social evil of female foeticide. To ensure effective enforcement of the Act, the Board collaborates with State Appropriate Authorities and issues guidelines for awareness campaigns. By working in tandem with relevant stakeholders, the CSB aims to promote gender equality and protect the rights of the girl child in India.
Reference:
The Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994
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