Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994
Indian legislation From Wikipedia, the free encyclopedia
Indian legislation From Wikipedia, the free encyclopedia
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of the Parliament of India enacted to stop female foeticides and arrest the declining sex ratio in India. The act banned prenatal sex determination. Every genetic counselling centre, genetic laboratory or genetic clinic engaged in counselling or conducting pre-natal diagnostics techniques, like in vitro fertilisation (IVF) with the potential of sex selection (Preimplantation genetic diagnosis) before and after conception, comes under purview of the PCPNDT Act and is banned.[1][2][3]
| The Pre-Conception Pre-Natal Diagnostic Techniques Act, 1994 | |
|---|---|
| |
| Parliament of India | |
| |
| Citation | |
| Enacted by | Parliament of India |
| Assented to | 20 September 1994 |
| Commenced | 1 January 1996 |
| Amended by | |
| The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act. 2003 | |
| Status: In force | |
This process began in the early 1990 when ultrasound techniques gained widespread use in India. There was a tendency for families to continuously produce children until a male child was born.[4] Foetal sex determination and sex-selective abortion by medical professionals has today grown into a Rs. 1,000 crore industry (US$244 million) in India. Social discrimination against women and a preference for sons have promoted female foeticide in various forms skewing the sex ratio of the country towards men.[5] According to the decennial Indian census, the sex ratio in the 0–6 age group in India went from 104.0 males per 100 females in 1981, to 105.8 in 1991, to 107.8 in 2001, to 109.4 in 2011. The ratio is significantly higher in certain states such as Punjab and Haryana (126.1 and 122.0, as of 2001).[6]
The main purpose of enacting the law is to ban the use of sex selection techniques after conception and prevent the misuse of prenatal diagnostic technique for sex selective abortions.
Sex selection is any act of identifying the sex of the foetus and elimination of the foetus if it is of the unwanted sex.[7]
Offences under this act include conducting or helping in the conduct of prenatal diagnostic technique in the unregistered units, sex selection on a man or woman, conducting PND test for any purpose other than the one mentioned in the act, sale, distribution, supply, renting etc. of any ultra sound machine or any other equipment capable of detecting sex of the foetus. Main provisions in the act are[8]
The Act mandates compulsory registration of all diagnostic laboratories, all genetic counselling centres, genetic laboratories, genetic clinics and ultrasound clinics.[4]
Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PNDT), was amended in 2003 to The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT Act) to improve the regulation of the technology used in sex selection.
Implications of the amendment are
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