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Presentation on PC&PNDT ACTon

17.11.2014

Ms. Richa Sabharwal

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The Jammu and Kashmir Pre-conception and Pre-

Natal Sex-selection / Determination

(Prohibition and Regulation) Act,2002 and

Rules ,2006

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• Introduction• Legal Initiatives • Objectives of the Act• Provisions of the Act• NRHM Initiatives• Progress with regard to

implementation of PC & PNDT Act in the State

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“Half of the Indian population too are women. Women have always been discriminated and have suffered and are suffering discrimination in silence. Self-sacrifice and self-denial are their nobility and fortitude and yet they have been subjected to all inequities, indignities, inequality and discrimination.”

Madhu Kishawar vs State of Bihar

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IntroductionIndia has always possessed the hateful legacy of killing girl child. Earlier the Scientific Techniques were not advanced, so it was not possible to determine the sex of the foetus. Due to Scientific advancement, the blind killing of female foetus has led to a precarious situation , where the male female ratio of the population is being affected.

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India had lost over 10 million girls because of

female foeticide in last 20 Years

2 million females are killed before or at birth

simply because of their sex.

35 % Districts in India have lower Child sex ratio

than National Average.

In certain parts of the country , there are less

than 8 girls for every 10 boys.

The extent of “missing girls” is 5 – 7 Lakhs a

year and about 2000 girls a day.

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Legal Initiative• Responding to the alarming situation where the dignity and rights

were being violated even before birth, of the girl child, women

activists took up cudgels against it. Parliament too realizing the

grave implications of the misuse of prenatal Diagnostic Techniques ,

attempted to limit the use of the same only for medical purposes.

• On 20th September1994: PNDT Act was enacted. This act came into force in 1996

• In State of J&K, Act came into force in 2002

• Act is comprised of 34 sections spread over eight chapters.

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Objectives of the Act• Prohibition of the misuse of the prenatal

diagnostic techniques for the determination of the sex of the foetus.

• Prohibition of advertisement of the techniques for the determination of sex.

• Regulation of the use of techniques only for the specific purposes like detecting genetic abnormalities.

• Permission to use such techniques only under certain conditions and in registered institutions.

• To provide deterrent punishment to stop inhuman acts of the female foeticide.

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Provisions of the Act

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Regulation of Genetic counselling centers /Laboratories/Clinics(Chapter-II)

Registration of Genetic counselling centers /Laboratories/Clinics.

qualified persons

registered place

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Application of PNDT(Chapter-III)conduct of pre-natal diagnostic techniques is allowed only for the detection of:

• chromosomal abnormalities

• genetic metabolic diseases

• haemoglobinopathies

• sex-linked genetic diseases

• inborn anomalies

• other defects or diseases specified by the Central

Supervisory Board

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Conditions to be fulfilled for using PNDT

Techniques can be used or conducted only

when any of the following conditions exist:

• pregnant woman is above 35 years

• pregnant woman has undergone 2 or more

spontaneous abortions or foetal loss

• pregnant woman has been exposed to

potentially teratogenic agents such as

drugs,

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Condt ………..

• radiation, infection or chemicals

• pregnant woman or her spouse has a

family history of mental retardation

or

• physical deformities such as

spasticity or any other genetic

disease

• any other condition specified by

Central Supervisory Board

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Prohibitions

• Communication of the sex of the foetus

• Determination of the sex of the foetus

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Sale of Ultrasound machines

• Sale should be at registered place

only

• Sellers to provide list of machines

sold to the Appropriate authorities.

• Buyer to give undertaking to the

seller that said machine will not be

used for determination of sex.

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Guidelines for using Pre-Natal Diagnostic Technique.

• Obtain written consent of pregnant

women

• Consent can be obtained in any

language which she understands.

• To give her a copy of written consent.

• Explain her the side effects of

technique.

State Supervisory Board (Chapter-IV). Composition of the Board :-

1) Minister in charge, Ministry of health & Family Welfare – Chairman Ex- officio

2) Secretary – Vice Chairman Ex- Officio 3) 2 Women Member – 1 Minister of Child

Development Ex Officio + Minister represent of Law & Justice Ex Officio DGHS (Ex-officio)

4) 2 Members (Each)i. Eminent medical geneticistii. Eminent gynecologists &

obstetrician 3 years 17

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(iii) Eminent pediatricians(iv) Eminent social scientists (v) Representatives of women

welfare organization.

5)Two women members from the Houses of the state Legislature of whom one shall be an elected member of the Legislative Assembly; and

6) An officer , not below the rank of an Additional Secretary or equivalent of the Govt.,Incharge of Family Welfare, who shall be the Member-Secretary, ex=officio.

Condt ………..

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Condt..…• Term of office of members:- 3 years

• Meetings of the Board:- one meeting in 2 months.

• Temporary association of persons with the Board.

• Authentication of orders & other instruments of the Board.

• Members eligible for re-appointment.

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Disqualification for appointment as Members:-

• Convicted for an offence involving moral turpitude.

• Undischarged solvent

• Removed / dismissed from the service of the Government or corporation owned/controlled by govt.

• Has in the opinion of govt. , been associated with the promotion of PNDT for determination of sex

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Functions of SSB

• To advise Govt. on policy matters.• To review and monitor the

implementation of the Act.• Recommend changes in the Act.• Create awareness against the

practice of sex-selection.• To lay down code of conduct to be

observed by Genetic counselling centers /imaging centers/Laboratories/Clinics.

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Appropriate Authority and Advisory Committee(Chapter-V)

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Appropriate Authorities

• Composition of Appropriate Authorities

• Director Health Services(when appointed for the whole state)

• Officer of any other rank (when appointed for any part of the state)

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Functions of Appropriate Authority

• Grant ,suspend or cancel registration of Genetic Counselling centres/ imaging centres / laboratories / clinics.

• Enforce standard prescribed for Genetic Counselling centres / imaging centres / laboratories / clinics

• To investigate complains as to breach of Act.

• To take advise of Advisory Committee on receipt of application for registration and on complaints for suspension or cancellation of registration .

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• To create public awareness against sex selection

• Supervise implementation of the Act

• To make recommendations to SSB from time to time.

Condt ………..

Powers of Appropriate Authorities• Shall have the powers of Civil Court

which includes:-

a. To summon

b. To enforce attendance of any person and

examine him on oath

c. To require discovery and production of any

documents

d. To receive evidence on affidavitse. Appointment of commission for

examination of any witness. 26

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Advisory committee

• Composition of Advisory Committee:-

a. 3 Medical experts (Gynecologists, obstetricians, pediatricians and Medical Geneticists.)

b. One Legal expert

c. One officer to represent the Department dealing with information and publicity of the Government.

d. 3 eminent social workers (out of 3 one must be representative of Women’s organization).

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• Chairman of Advisory committee:- Any member from among the above mentioned can be designated as its Chairman .

• Meeting of Advisory Committee - one meeting in two months.

Condt ………..

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Functions of Advisory Committee

a. Surprise visits & periodic visits

b. Advise Appropriate Authorities on • matters pertaining to registration ,

(suspension & cancellation of registration) • Implementation of the Act • Creation of public awareness against sex

selection.

c. Prevent contravention of the Act

d. Seizure of machines.

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Registration of Genetic Counselling centres, Genetic Laboratories and Genetic Clinic(Chapter VI)

• Duly Registered• Application for registration (in prescribed

manner and with prescribed fees ) to be made to Appropriate Authorities.

• Registration fees:For Genetic Laboratory is Rs. 3000For Ultrasonography centre operators in

Nursing Home is Rs. 6000• For registration ,satisfaction of Appropriate

authority is necessary.

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• Reason for rejection to be recorded in writing

• Certificate of registration to be displayed at conspicuous place of the clinic/center

• Certificate of registration non-transferable.

• Registration is valid for 3 years.

• For renewal ,application has to be made 30 days before the expiry of existing registration.

• Fee charged for renewal of registration is half of the fee charged for new registration.

• Applicant must be informed about renewal within 90 days , in case applicant is not informed, the registration is deemed to be renewed.

Condt ………..

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Cancellation or Suspension of Registration• Appropriate Authority can cancel or

suspend registration either suo moto or any complaint received.

• Notice to be issued

• Opportunity of being heard to be afforded to the applicant before cancellation of registration.

• Applicant can appeal to State Government

• Appeal to be made within 30 days from the receipt of order from Appropriate Authority

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Offences (chapter-VII)

a.Cognizable – A police officer may arrest the offender without warrant.

b.Non-bailable – Getting bail is not the right of the accused. The courts have discretion to grant bail.

c.Non-compoundable - Parties to the case cannot settle the case out of court.

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Prohibitions

• Advertisement relating to pre natal determination of sex.

• Offender to be punishable with fine which may extend to 50,000 rupees

• Imprisonment for a term of 3 years

• Cancellation of registration as a Medical Practitioner .

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S.no Offences Penalty

1 For contravention of provisions of the Act

Imprisonment for 3 years fine up to 10,000 rupees on subsequent conviction, imprisonment which may extend to 5 years and fine upto Rs 50,000

2 Registered Medical Practitioner who has been convicted by the court

Appropriate authority to report to State Medical Council for taking necessary action.

3 Person who seeks the aid of any Gentic Counselling centre,Genetic Laborotary,Genetic Clinic for conducting PNDT on any pregnant women

Imprisonment for a term which may extend to 3 years and fine which may extend to Rs . 50,000. on subsequent conviction, imprisonment which may extend to 5 years Fine which may extend to one lakh rupees.

4 Pregnant women when compelled by her husband or any relative to go for PNDT

Shall be liable for abetment. (instigates or Intentionally aiding

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Miscellaneous (Chapter-VIII)

Maintenance of records:-• Genetic counselling center, Genetic

Laboratory, Genetic Clinics to maintain all the records for 2 years.

• In case , case is lying with court then records to be maintained till disposal of the case.

• Records to be available at all reasonable times for inspection by Appropriate Authorities.

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• Power of search and seizure of records by Appropriate authorities.

• Protection to Appropriate Authorities for action taken in good faith.

• Power to make rules.

Condt ………..

NRHM Initiatives for Strengthening PC&PNDT Act.

• Awareness Generation

• Sensitisation through Workshop / Sammelans• Rallies and Debates• Hoardings

• Involvement of Religious Peers

• Regular Inspections

• Reward to informer

• Website on PC&PNDT

• Establishment of PC & PNDT Cell  38

• Progress with regard to implementation of PC & PNDT Act in the State (Achievement ending July 2014)

336 health institutions have been registered under PC & PNDT Act.

1023 premises have been inspected by the Appropriate Authorities / officers authorized by the Appropriate Authorities.

Registration of 04 ultrasound clinics has been cancelled.

73 USG machines have been seized. 03 persons have been arrested and one has been

convicted. 04 unregistered machines have been confiscated. 48 Govt. Hospitals and 283 private Hospitals are

filling the form F online. No. of IEC activities conducted at State / District

Level

 

Condt ………..

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Thankyou