PCPNDT ACT :-
PCPNDT act stands for Pre-Conception and Pre- Natal Diagnostic Techniques Act. This act was coming into force on 20 September 1994 and amended in 2003. Maharashtra was first state to implement PCPNDT act. During 90s there was huge imbalance in sex ratio. So, to maintain and improve the sex ratio in India PCPNDT act was enacted. It prevents intrauterine death of girl child. This act prohibits from sex selection. There is no choice for sex selection. It can’t be communicated in through sign or written statement or any other means.
The main purpose of enacting the act is to ban the use of sex selection techniques before or after conception and prevent the misuse of a parental diagnostic technique for sex- selective abortion. The act restricted pre-birth sex assurance.
In the Indian context, abortion is wrongfully out there until twenty weeks maternity however solely underneath bound conditions(Medical Termination of pregnancy Act,1971). The trimester abortions square measures subjected to contention on the bottom that they are sex-selective abortions.
OFFENCES AND PENALITIES UNDER PCPNDT ACT:-
The act prohibits the use of ultrasonography for the purpose of sex determination of the foetus by all laboratories and clinics. It also penalises all persons engaged in or helping in the conduct of prenatal diagnostic technique and conducting technique and conducting the PND test for any purpose other than the one mentioned in the act, as well as the sale, distribution, supply, renting, etc. of an ultrasound machine or any other equipment capable of detecting the sex of the foetus.
For any violations of the provisions, the act provides the following penalties and punishments-
Section 22-26 of the preconception and prenatal diagnostic techniques act defines offences under this act and the penalties to get implied on it.
Any contravention of the provision under this section will lead to punishment, i.e., imprisonment up to three years and a fine which may extend to ten thousand rupees.
While section 23 covers that, any gynaecologist or any other medical practitioner or any person who owns a genetic laboratory, counselling centre or clinic or any person employed at such place of business and renders his professional or technical services and contravenes any provisions under this act in providing those services, then,
That person will get punished with imprisonment for up to three years with a fine extending to ten thousand rupees. This punishment may increase to five years on subsequent conviction with a fine extending to fifty thousand rupees.
1.For doctors/owners of clinics:
- Up to 3 years of imprisonment with fine uptown Rs 10,000 for the first offence.
- up to 5yrs of imprisonment with fine up to Rs 50,000 for a subsequent offence.
- Suspension of registration with the medical council if charges are framed by the court and till the case is disposed of, removal of the name for 5yrs from the medical register in the case of the first offence and permanent removal in the case of a subsequent offence.
2.For husband/family member or any other person abetting sex selection:
- Up to 3yrs of imprisonment with a fine up to Rs. 50,000 for the first offence.
- Up to 5yrs imprisonment with a fine up to Rs. 1 Lakh for a subsequent offence.
- For any advertisement regarding sex selection:
- Up to 3yrs of imprisonment and up to Rs. 10,000 fines.
NON BAILABLE WARRANT IS ISSUED AND PUNISHMENT IS NON-COMPOUNDABLE.
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