Female foeticide is continued in India after the commencement of PCPNDT, Act 1994 also. Critically evaluate offences and penalties under the said Act.
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| Female foeticide is continued in India after the commencement of PCPNDT, Act 1994 also. Critically evaluate offences and penalties under the said Act. |
Que: Female foeticide is continued in India after the commencement of PCPNDT, Act 1994 also. Critically evaluate offences and penalties under the said Act.
Ans:
A] Introduction
Female foeticide, the selective abortion of female foetuses due to gender bias, remains a grave issue in India despite the enactment of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994. The Act was introduced to regulate and prevent the misuse of prenatal diagnostic techniques for sex determination and to curb the practice of female foeticide. However, the persistence of this heinous practice necessitates a critical evaluation of the offences and penalties under the PCPNDT Act. This article delves into the various criminal law aspects of the Act, relevant sections, unique points, case laws, and the effectiveness of its provisions in combating female foeticide.
B] Offences and Penalties under the PCPNDT Act, 1994:
The PCPNDT Act prescribes stringent penalties for various offences related to prenatal sex determination and female foeticide. The Act categorizes offences into three levels of severity, with corresponding penalties.
1.Offences by Persons:
a. Conducting Prenatal Diagnostic Tests for Sex Determination (Section 4): Any medical professional, Genetic Counselling Centre, Genetic Laboratory, or Genetic Clinic that conducts or aids in conducting prenatal diagnostic tests for sex determination shall be punishable with imprisonment for a term of up to three years and a fine up to Rs. 10,000 for the first offence. Subsequent offences may lead to imprisonment for up to five years and a fine up to Rs. 50,000.
b. Communicating the Sex of the Foetus (Section 5): Any person who discloses the sex of the foetus to the pregnant woman, her relatives, or others shall be liable for the same penalties as mentioned in Section 4.
c. Advertising Prenatal Sex Determination (Section 22): Anyone found advertising prenatal sex determination facilities shall be punishable with imprisonment for up to three years and a fine up to Rs. 10,000 for the first offence. Subsequent offences may attract imprisonment for up to five years and a fine up to Rs. 50,000.
2.Offences by Public Servants:
b. Communicating the Sex of the Foetus (Section 5): Any person who discloses the sex of the foetus to the pregnant woman, her relatives, or others shall be liable for the same penalties as mentioned in Section 4.
c. Advertising Prenatal Sex Determination (Section 22): Anyone found advertising prenatal sex determination facilities shall be punishable with imprisonment for up to three years and a fine up to Rs. 10,000 for the first offence. Subsequent offences may attract imprisonment for up to five years and a fine up to Rs. 50,000.
2.Offences by Public Servants:
a. Negligence in Duties (Section 28): Public servants entrusted with the implementation of the Act can be penalized for negligence in performing their duties. The punishment may include imprisonment for a term not exceeding three years.
b. Improper Maintenance of Records (Section 29): Failure to maintain records in accordance with the Act's provisions may result in imprisonment for up to two years or a fine up to Rs. 1,000.
C] Unique Points:
1.Non-Bailable Offences: The offences under the PCPNDT Act are non-bailable, emphasizing the gravity of female foeticide and the need for stringent action against offenders.
2.Civil Disqualification: Conviction under the Act may lead to disqualification from medical practice or any profession for a period of up to five years, as per Section 23.
3.Burden of Proof: The Act places the burden of proof on the accused to establish their innocence, as per Section 27.
4.Protection for Whistle-blowers: Section 32 provides immunity to whistle-blowers, ensuring that individuals reporting offences under the Act are protected from any harassment or prosecution.
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 addressed the issue of female foeticide and the failure of authorities in implementing the PCPNDT Act effectively. The Court emphasized the need for stricter enforcement and more severe penalties to curb the practice of female foeticide.
E] Critical Evaluation of Offences and Penalties:
While the PCPNDT Act has provisions for stringent penalties, its effectiveness in curbing female foeticide has been questioned due to several factors:
1.Weak Enforcement: The enforcement of the Act has been uneven across different states, leading to a disparity in the number of cases registered and convictions.
2.Lack of Awareness: Limited awareness about the Act's provisions and penalties has hindered its effective implementation, allowing female foeticide to persist.
3.Challenges in Prosecution: The burden of proof on the accused and the need for expert medical evidence present challenges in securing convictions.
4.Proliferation of Unregistered Centres: Illegal and unregistered clinics continue to operate, making detection and prosecution challenging.
F] Conclusion:
Female foeticide remains a pressing issue in India despite the enactment of the PCPNDT Act, 1994. While the Act provides for stringent penalties, its effectiveness in curbing female foeticide relies on robust enforcement, public awareness, and collaborative efforts of all stakeholders. Stricter implementation, enhanced awareness campaigns, and the promotion of gender equality are vital to combat this social evil effectively. Additionally, continuous monitoring, improvements in enforcement, and the establishment of effective mechanisms to identify and prosecute offenders are necessary to achieve the Act's objectives of safeguarding the rights of the girl child and promoting gender equality in the country.
b. Improper Maintenance of Records (Section 29): Failure to maintain records in accordance with the Act's provisions may result in imprisonment for up to two years or a fine up to Rs. 1,000.
C] Unique Points:
1.Non-Bailable Offences: The offences under the PCPNDT Act are non-bailable, emphasizing the gravity of female foeticide and the need for stringent action against offenders.
2.Civil Disqualification: Conviction under the Act may lead to disqualification from medical practice or any profession for a period of up to five years, as per Section 23.
3.Burden of Proof: The Act places the burden of proof on the accused to establish their innocence, as per Section 27.
4.Protection for Whistle-blowers: Section 32 provides immunity to whistle-blowers, ensuring that individuals reporting offences under the Act are protected from any harassment or prosecution.
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 addressed the issue of female foeticide and the failure of authorities in implementing the PCPNDT Act effectively. The Court emphasized the need for stricter enforcement and more severe penalties to curb the practice of female foeticide.
E] Critical Evaluation of Offences and Penalties:
While the PCPNDT Act has provisions for stringent penalties, its effectiveness in curbing female foeticide has been questioned due to several factors:
1.Weak Enforcement: The enforcement of the Act has been uneven across different states, leading to a disparity in the number of cases registered and convictions.
2.Lack of Awareness: Limited awareness about the Act's provisions and penalties has hindered its effective implementation, allowing female foeticide to persist.
3.Challenges in Prosecution: The burden of proof on the accused and the need for expert medical evidence present challenges in securing convictions.
4.Proliferation of Unregistered Centres: Illegal and unregistered clinics continue to operate, making detection and prosecution challenging.
F] Conclusion:
Female foeticide remains a pressing issue in India despite the enactment of the PCPNDT Act, 1994. While the Act provides for stringent penalties, its effectiveness in curbing female foeticide relies on robust enforcement, public awareness, and collaborative efforts of all stakeholders. Stricter implementation, enhanced awareness campaigns, and the promotion of gender equality are vital to combat this social evil effectively. Additionally, continuous monitoring, improvements in enforcement, and the establishment of effective mechanisms to identify and prosecute offenders are necessary to achieve the Act's objectives of safeguarding the rights of the girl child and promoting gender equality in the country.
Reference:
The Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994
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