What do mean by Appropriate Authority and Advisory Committee under the PCPNDT, Act, 1994? Substantiate your answer with their role in current scenario.
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| What do mean by Appropriate Authority and Advisory Committee under the PCPNDT, Act, 1994? Substantiate your answer with their role in current scenario. |
Que: What do mean by Appropriate Authority and Advisory Committee under the PCPNDT, Act, 1994? Substantiate your answer with their role in current scenario.
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 seeks 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 enforcement and implementation of the Act, two crucial bodies were established: the Appropriate Authority and the Advisory Committee. This article provides a detailed overview of the Appropriate Authority and the Advisory Committee under the PCPNDT Act, along with their roles in the current scenario, relevant sections, unique points, and case laws.
B] Appropriate Authority under the PCPNDT Act, 1994:
1.Constitution: As per Section 17 of the PCPNDT Act, the State Government shall appoint one or more Appropriate Authorities for each district to enforce the provisions of the Act within their jurisdiction.
2.Roles and Responsibilities:
a. Granting Licenses: The Appropriate Authority is responsible for granting licenses to Genetic Counselling Centres, Genetic Laboratories, and Genetic Clinics after ensuring compliance with the Act's provisions.
b. Conducting Inspections: The Authority conducts regular inspections to check the records, facilities, and compliance of Genetic Centres with the Act.
c. Taking Legal Action: If any violation of the Act is found during inspections, the Appropriate Authority takes necessary legal action against the offenders.
d. Suspension and Cancellation: The Authority has the power to suspend or cancel licenses of Genetic Centres for non-compliance with the Act's provisions.
e. Collecting Reports: The Appropriate Authority collects and compiles reports from the Genetic Centres regarding prenatal diagnostic tests conducted and submits them to the State Government and Central Supervisory Board.
3.Unique Points:
3.1.State-Level Appointments: The Appropriate Authority is appointed by the State Government at the district level to ensure effective enforcement of the Act within each jurisdiction.
3.2.Monitoring and Enforcement: The Appropriate Authority acts as a watchdog, diligently monitoring the functioning of Genetic Centres and taking appropriate measures to enforce the Act's provisions.
C] Advisory Committee under the PCPNDT Act, 1994:
1.Constitution: As per Section 16 of the PCPNDT Act, the State Government shall constitute an Advisory Committee to advise the Appropriate Authority on various matters related to the Act.
2.Roles and Responsibilities:
3.Unique Points:
3.1.State-Level Appointments: The Appropriate Authority is appointed by the State Government at the district level to ensure effective enforcement of the Act within each jurisdiction.
3.2.Monitoring and Enforcement: The Appropriate Authority acts as a watchdog, diligently monitoring the functioning of Genetic Centres and taking appropriate measures to enforce the Act's provisions.
C] Advisory Committee under the PCPNDT Act, 1994:
1.Constitution: As per Section 16 of the PCPNDT Act, the State Government shall constitute an Advisory Committee to advise the Appropriate Authority on various matters related to the Act.
2.Roles and Responsibilities:
a. Providing Expert Advice: The Advisory Committee offers expert advice to the Appropriate Authority regarding the implementation and enforcement of the Act. b. Assisting in Policy Formulation: The Committee assists in formulating policies and guidelines for effective implementation of the Act.
c. Reviewing and Monitoring: The Advisory Committee periodically reviews the progress of the implementation of the Act and suggests measures for improvement.
d. Enhancing Public Awareness: The Committee plays a crucial role in creating awareness among the public about the Act's provisions and the consequences of sex determination.
3.Unique Points:
3.1.Expert Representation: The Advisory Committee comprises experts from various domains, including medical professionals, legal experts, social workers, and representatives from NGOs, ensuring comprehensive insights and expertise.
3.2.Collaborative Approach: The Committee collaborates with the Appropriate Authority to ensure a coordinated and effective approach to enforce the provisions of the Act.
D] Role of Appropriate Authority and Advisory Committee in the Current Scenario:
In the current scenario, the role of the Appropriate Authority and the Advisory Committee under the PCPNDT Act has become even more critical. The declining child sex ratio in India remains a matter of concern, and the enforcement of the Act is crucial to curb female foeticide and protect the rights of the girl child.
1.Monitoring and Enforcement: The Appropriate Authority plays a vital role in monitoring Genetic Centres and taking strict legal action against those violating the Act. Their proactive approach is essential in deterring potential offenders.
2.Awareness Campaigns: The Advisory Committee contributes significantly to creating awareness among the public about the consequences of sex determination and the importance of gender equality.
3.Expert Guidance: The Advisory Committee provides valuable expert guidance to the Appropriate Authority in dealing with complex issues related to the Act's implementation, ensuring a well-informed decision-making process.
4.Tackling Challenges: Both the Appropriate Authority and the Advisory Committee work together to address challenges and emerging issues in enforcing the Act, ensuring a more effective approach to curb female foeticide.
E] Case Law: Dr. Sabu Mathew George v. Union of India (2017)
In this case, the Supreme Court of India emphasized the role of the Appropriate Authority in ensuring strict enforcement of the PCPNDT Act and directed the State Governments to appoint nodal officers to monitor the functioning of Genetic Centres.
F] Conclusion
The Appropriate Authority and the Advisory Committee are integral to the enforcement and implementation of the PCPNDT Act, 1994. Through their vigilant monitoring, expert guidance, and collaborative approach, these bodies play a crucial role in preventing female foeticide and promoting gender equality. In the current scenario, their efforts are essential to address the challenges of declining child sex ratio and ensure a brighter future for the girl child in India. To combat the social evil of female foeticide effectively, it is imperative to empower these bodies with resources, authority, and public support.
3.Unique Points:
3.1.Expert Representation: The Advisory Committee comprises experts from various domains, including medical professionals, legal experts, social workers, and representatives from NGOs, ensuring comprehensive insights and expertise.
3.2.Collaborative Approach: The Committee collaborates with the Appropriate Authority to ensure a coordinated and effective approach to enforce the provisions of the Act.
D] Role of Appropriate Authority and Advisory Committee in the Current Scenario:
In the current scenario, the role of the Appropriate Authority and the Advisory Committee under the PCPNDT Act has become even more critical. The declining child sex ratio in India remains a matter of concern, and the enforcement of the Act is crucial to curb female foeticide and protect the rights of the girl child.
1.Monitoring and Enforcement: The Appropriate Authority plays a vital role in monitoring Genetic Centres and taking strict legal action against those violating the Act. Their proactive approach is essential in deterring potential offenders.
2.Awareness Campaigns: The Advisory Committee contributes significantly to creating awareness among the public about the consequences of sex determination and the importance of gender equality.
3.Expert Guidance: The Advisory Committee provides valuable expert guidance to the Appropriate Authority in dealing with complex issues related to the Act's implementation, ensuring a well-informed decision-making process.
4.Tackling Challenges: Both the Appropriate Authority and the Advisory Committee work together to address challenges and emerging issues in enforcing the Act, ensuring a more effective approach to curb female foeticide.
E] Case Law: Dr. Sabu Mathew George v. Union of India (2017)
In this case, the Supreme Court of India emphasized the role of the Appropriate Authority in ensuring strict enforcement of the PCPNDT Act and directed the State Governments to appoint nodal officers to monitor the functioning of Genetic Centres.
F] Conclusion
The Appropriate Authority and the Advisory Committee are integral to the enforcement and implementation of the PCPNDT Act, 1994. Through their vigilant monitoring, expert guidance, and collaborative approach, these bodies play a crucial role in preventing female foeticide and promoting gender equality. In the current scenario, their efforts are essential to address the challenges of declining child sex ratio and ensure a brighter future for the girl child in India. To combat the social evil of female foeticide effectively, it is imperative to empower these bodies with resources, authority, and public support.
Reference:
The Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994
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