Comment on Regulation of pre-natal diagnostic technics and prohibition of Determination under the PCPNDT, Act, 1994 with judicial pronouncements.
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| Comment on Regulation of pre-natal diagnostic technics and prohibition of Determination under the PCPNDT, Act, 1994 with judicial pronouncements. |
Que: Comment on Regulation of pre-natal diagnostic technics and prohibition of Determination under the PCPNDT, Act, 1994 with judicial pronouncements.
Ans:
A] Introduction
The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, is a crucial legislation in India aimed at preventing female foeticide and promoting gender equality. The Act regulates the use of prenatal diagnostic techniques and prohibits sex determination, intending to address the skewed sex ratio and prevent the misuse of these technologies for sex-selective abortions. This article explores the detailed provisions and judicial pronouncements under the PCPNDT Act, focusing on its enforcement, unique points, and its impact on curbing female foeticide.
B] Regulation of Prenatal Diagnostic Techniques under the PCPNDT Act, 1994:
1.Accreditation and Registration: Section 3A of the PCPNDT Act mandates that Genetic Laboratories and Genetic Clinics conducting prenatal diagnostic procedures must be accredited by the National or State Board. These facilities must adhere to technical standards and guidelines to ensure accurate and reliable testing.
2.Record Keeping: Genetic Centres are required to maintain detailed records of all prenatal diagnostic tests conducted by them, as per Section 4 of the Act. These records must be preserved for at least two years and are subject to inspection by the Appropriate Authority.
3.Prohibition of Portable Ultrasound Machines: Section 5 of the PCPNDT Act prohibits the use of portable or mobile ultrasound machines at places other than registered Genetic Centres or Genetic Laboratories. This measure aims to prevent unauthorized sex determination tests.
C] Prohibition of Sex Determination under the PCPNDT Act, 1994:
1.Advertisement and Communication: Section 22 of the PCPNDT Act strictly prohibits the advertisement of prenatal diagnostic techniques or procedures that can be used for sex determination. The Act also prohibits any form of communication promoting sex determination.
2.Penal Provisions: Section 23 of the PCPNDT Act prescribes stringent penal provisions for offenders involved in sex determination. Offenders may face imprisonment, cancellation of registration, or fines.
D] Unique Points:
1.Formation of State Supervisory Boards and Advisory Committees: The PCPNDT Act mandates the formation of State Supervisory Boards and Advisory Committees at the national, state, and district levels. These committees play a vital role in monitoring and implementing the Act's provisions.
2.Special Courts: The Act provides for the establishment of Special Courts to expedite the trial of offenses under the PCPNDT Act and ensure swift justice.
E] Judicial Pronouncements:
1.Dr. Subhash Kumar v. Delhi Admn (2000): In this case, the Supreme Court upheld the constitutional validity of the PCPNDT Act. The Court emphasized the importance of preserving the life of the unborn child and preventing female foeticide.
2.Voluntary Health Association of Punjab v. Union of India (2013): The Supreme Court in this case directed all states to constitute State Medical Boards to ensure proper implementation of the PCPNDT Act. The Court also highlighted the need for transparency in the functioning of these boards.
3.Dr. J.P. Unnikrishnan v. State of Andhra Pradesh (1993): In this case, the Supreme Court emphasized the importance of enforcing the PCPNDT Act to prevent sex-selective abortions and protect the girl child.
F] Enforcement and Impact:
The enforcement of the PCPNDT Act has been a mixed bag. While there have been instances of successful convictions and deterrent penalties, challenges persist due to the deep-rooted social preference for male children. The Act's unique provisions, such as the formation of Special Courts, have helped expedite cases related to sex determination.
However, there is a need for greater awareness campaigns to educate communities about the importance of gender equality and the consequences of female foeticide. The Act's impact has been more significant in urban areas than in rural regions where cultural norms and limited access to healthcare facilities contribute to sex-selective abortions.
G] Conclusion:
The PCPNDT Act, 1994, is a crucial legislation that addresses the issue of female foeticide and promotes gender equality. Its provisions regulate the use of prenatal diagnostic techniques and strictly prohibit sex determination. Judicial pronouncements have emphasized the need for strict enforcement and greater awareness campaigns to curb the social evil of female foeticide. While the Act has made significant strides, it requires continued efforts and collaboration between the government, medical practitioners, and society to achieve its ultimate goal of ensuring equal rights and opportunities for every child, regardless of gender.
Reference:
The Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994,
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