PC-PNDT ACT

Dr. K. N. Patel Former Additional Director Health and Family Welfare Gujarat

Sex ratio

No. of women of all age groups per 1000 males in that area at a given point of time. Sex Ratio in India during last 100 Yrs
SN 1 Year 1901 Sex ratio India 972 Sex ratio Gujarat

2 3
4

1951 2001
2011

946 933 / 927

940 / 914 920 / 883

918 / 847

Child Sex Ratio in INDIA Last 50 years

Child Sex Ratio: No. of girls aged up to 6 years per 1000 boys of that age group

SN 1 2 3 4 5 6

Year 1961 1971 1981 1991 2001 2011

Child Sex Ratio 976 964 962 945 927 914

Age group wise Sex Ratio

AGE GROUP YEARS 00 10 11 20 21 30 31 40 41 50 51 60 61 70 71 80 SEX RATIO 886 885 904 928 923 1027 1445 1226

81 90
91 100

1346
1695

Overall and Child Sex Ratio : India

1961 - 2011
980 970 960 950 964 962 976

940
930 920 910 1940

941 930 934

945 933

940

Overall Sex Ratio Child Sex Ratio

927
914

1960

1980

2000

2020

Sex Ratio of some populous countries-2001

Country Pakistan China Sri Lanka Nepal Myanmar America Japan Brazil Australia Russia Bungladesh India Gujarat Sex Ratio 938 944 1140 1005 1011 1029 1041 1025 1011 1140 958 933 920

Child Sex Ratio: 1991-2001 in some Taluka

Sr. No. 1 2 3 4 5 6 Name of Taluka Unjha Visnagar Mansa Vijapur Mahesana Gandhinagar Name of District Mahesana Mahesana Gandhinagar Mahesana Mahesana Gandhinagar 0-6 Sex Ratio 1991 888 868 877 894 884 878 2001 742 766 774 777 779 795 Absolute Change -146 -102 -103 -117 -105 -083

SN

1 2 3 4 5 6 7 8 9 10 11 12 13

District wise sex ratio: Gujarat District 2001 2011 Adult Child Adult Child India 933 927 940 914 Gujarat 920 883 918 886 Dangs 987 974 1007 963 Tapi 996 951 1004 944 Dohad 985 967 986 937 Amreli 987 945 964 937 Navsari 955 933 961 926 Narmada 949 935 960 923 junagadh 955 915 952 921 Sabarkantha 947 918 950 914 Porbandar 946 922 947 913 Panchmahal 938 903 945 904 Jamnagar 941 879 938 899 Kheda 923 898 937 898 Banaskantha 930 898 936 894

SN 14 15 16 17 18 19 20 21 22 23 24 25 26

District wise sex ratio: Gujarat District 2001 2011 Adult Child Adult Child Patan 932 886 935 894 Vadodara 919 907 934 890 Bhavnagar 937 886 931 889 Surendranagar 924 876 929 887 valsad 920 881 926 885 Mahesana 927 865 925 884 Rajkot 930 892 924 879 Bharuch 921 949 924 877 Anand 910 835 921 859 Gandhinagar 913 854 920 854 Kutch 942 816 907 847 Ahemdabad 892 801 903 845 Surat 810 859 788 836

Causes
Strong

wish to have a male child Gender discrimination Dowry Myth: daughter is a liability religious believes More and more couples adopting one child norm and prefer male child

the result?

Imbalance of male and female population All Males may not get bride to marry Rise in the incidents of Rape, kidnapping,
exploitation, resulting in unhealthy society

Increase in psycho-social and mental health issues

Action needed

Avoid gender discrimination. Equal opportunities and equity for women

Create awareness among community, decision makers.

Women should not be harassed on birth of a girl child (Male have XY pair of

chromosomes and women have XX)

Govt. NGOs, leaders, philanthropic organizations, community groups should join hands to fight the issue

The Pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) Act, 1994

The order came following a public interest petition filed by NGOs-the Centre for the Enquiry of Health and Allied Themes (CEHAT), the Mahila Sarvangeen Utkarsh Mandal (MASUM) and Dr. Sabu George, who had done extensive research in this area

The Pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) Act, 1994

An Act to provide for the prohibition of sex selection before or after conception, and for regulation of pre-natal diagnostic techniques. Technique is for the purpose of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders Prevention of their misuse for sex determination leading to female feticide and for matters connected there with or incidental there to.

Chapter I
1.

Preliminary

Short title, extent and commencement: The Pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) Act, 1994; whole of India except the State of J&K; come in force on such date the GoI notify in gazette 2. Definitions: Appropriate Authority, Board, conceptus, embryo, fetus, genetic clinic, counseling centre, pre-natal diagnostic techniques, gynecologist etc.

Chapter II Regulation of genetic counseling centers, genetic laboratories and genetic clinics 3. Regulation of genetic counseling centers, genetic laboratories and genetic clinics i. Registration under the Act ii. Person providing services in these centers should possess prescribed qualifications iii. No medical practitioner, geneticist shall conduct technique at place other than the registered one No person/specialist in the field of infertility shall conduct sex selection

Chapter III : Regulation of pre-natal diagnostic techniques

4. Regulation of pre-natal diagnostic techniques No place including registered shall be used by any person for conducting pre-natal diagnosis except Purpose: Chromosomal abnormalities, genetic disorders, haemoglobinopathies, sex linked genetic diseases, congenital anomalies, others specified by Board No person, relative, husband of PW shall seek or encourage conduct of pre-natal diagnosis except for above or sex selection technique on her

5. Written consent of PW and prohibiting communicating the sex of fetus - No person shall conduct procedure unlessexplained all known side/after effects to PW - Obtained her consent in prescribed form - Copy of her written consent given to PW - No one shall communicate to PW or her relatives the sex of the fetus by words, signs or in any other manner 6. Determination of sex prohibited - No centre, clinic, lab shall conduct prenatal diagnosis for the purpose of determining the sex of fetus

Chapter IV central supervisory board

7. Constitution of Central Supervisory Board -Minister in-charge of Family Welfare as Chairman -Secretary FW Vice Chairman -3 members from Ministry of DWCD, Legal affairs, ISM -DGHS -10 members appointed by GoI : 2 each from Eminent: Geneticists, Gynecologists, Pediatricians, Social Scientists, women welfare organizations, -3 MPs -4 members on rotation frm States -Joint Secretary, FW as Member Secretary 8. Term: Usually 3 years 9. Meetings: Once in 6 months 10. Vacancies etc not to invalidate proceedings 11. Temporary association of a person for assistance 12 to 16. Appointment of staff etc

Functions of the board

To advise Central Government on policy matters related to use of prenatal diagnostic techniques, sex selection techniques and against its misuse Review and monitor implementation of The Act and recommend changes in the Act Crete public awareness Lay down code of conduct for persons working in genetic centers and laboratories Oversee performance of various bodies constituted under the Act

State supervisory board

Minister in-charge of H & FW Chairperson Exofficio Secretary HFW Vice Chairperson ex-officio Secretaries/Commissioners from DWCD, Legal, ISM, Social Welfare Ex-officio Director Health & FW or ISM Ex-officio 3 Women MLAs 10 members to be appointed 2 each from Social Scientists and legal experts, women activists from NGO, Gynecologists, Pediatricians, Radiologists Joint Secretary FW as Member secretary Meet once in 4 months Term: Usually 3 years except ex-officio

Chapter v: appropriate authority and advisory committee

17. Appropriate Authority(AA) and Advisory Committee The State Govt. shall appoint one or more AA for whole or part of the State Multi-member AA: Officer of the rank of Joint Director of Health Chairperson, eminent women representing women organization, officer of Law Dept To grant, suspend or cancel registration of a genetic center, laboratory or clinic Summoning any person in possession of any information relating to violation of the provisions of the Act Issuing search warrant for any place suspected To enforce standards prescribed To investigate complaints of breach of the provisions To take appropriate legal actions To create awareness

Advisory committee

Advisory Committee for each Apropriate Authority Three medical experts from gynecologists, pediatricians and medical geniticists One legal expert One officer from dept dealing with publicity 3 eminent social workers (one should be from womens organization) Recommend to AA after investigation of complaints, for suspension or cancellation of registration

Chapter vi: registration of genetic counseling centers, laboratories and clinics 18. registration of genetic counseling centers, laboratories and clinics Genetic centers, clinics or laboratories having ultrasound or imaging machine or scanner or any other technology capable of detecting sex of fetus should get registration under the Act with the Appropriate Authority. 19. Certificate of Registration: The AA shall after holding an inquiry grant a certificate of a registration in prescribed form. The certificate shall be displayed by registered centre in a conspicuous place.

20. Cancellation or suspension of registration: The AA may suo moto, or on complaint issue a notice to the centre to show cause why the registration should not be cancelled. After giving a reasonable opportunity and if satisfied that there is a breach of the provisions the AA may cancel the registration. 21. Appeal: The Appeal may be done within 30 days from the date of receipt of order to the central or the state government as the case may be.

Chapter vi: registration of genetic counseling centers, laboratories and clinics

Chapter VII offences and penalties

22. Prohibition of advertisements relating to pre-conception and pre-natal determination of sex and punishment for contravention: up to 3 years imprisonment and fine up to 10,000 23. Any person who contravenes any of the provisions of this Act: Punishable up to 3 years imprisonment and fine up to 10,000. on subsequent conviction: up to 5 years imprisonment and fine up to 50,000.

The name of Dr shall be reported by AA to State Medical Council

Chapter VII offences and penalties

24. Any person compelling PW to undergo the technique: Punishment as above. Not to woman who was compelled. 25. For acts of any person, the punishment not specified: up to 3 months imprisonment and fine up to 1,000

Chapter VII offences and penalties 26. Offences by companies: corporate, firm, Director 27. Offence to be cognizable, non-bailable and noncompoundable 28. Cognizance of offence: No court shall take cognizance of the off CHAPTER VIII: MISCELLANEOUS 29. Maintenance of records: preserve for 2 years. Shall be made available to AA or authorized person by AA for inspection 30. Power to search and seize records, etc: to AA 31. Protection of action taken in good faith: No suit, prosecution or other legal action against State, Central Govt and AA if action taken in good faith 32,33,34. Power to make rules, regulations and to be laid before Parliament

The rules give directives and guidance The rules, 1996 on : Qualifications of persons Requirements for the place, Equipments etc Regarding sale of ultrasound machines Application for Registration Fee Registration procedure, certificate, validity, renewal Intimation of change of address Records, declarations, Forms Search and seizure Appeals

5 50,000

VFEFZ