P.n.d.t implementation

1. Implementation of Pre Conception And Pre Natal Diagnostic Techniques Act (P.C-P.N.D.T Act).5/19/20111

2. INTRODUCTIONThe major prohibitions under the PC-P.N.D.T Act are-Prohibition of sex selection ,before and after conception(section 3A of the act)

3. Prohibition of advertisement of any technique for sex selection as well as sex determination (Sec 22 of the Act)

4. Prohibition on sale of ultrasound machines to persons not registered under this Act (Rule 3A)5/19/20112

5. Penalties for the offences5/19/20113

6. 5/19/20114

7. Gujarat High Court in “Suo Motu Vs State Of Gujarat - on 30 September, 2008” Any improper maintenance of record in itself is equivalent to violation of the provisions of sections 5 and 6 (sub-section (3) of section 4 of the act.

8. Cases where the form F is not filled at all, or where the vital details are lacking, such that the woman who has undergone the ultrasound cannot be identified, than this lapse cannot be passed over as a procedural lapse, and has to be in all seriousness tried in a court of law.5/19/20115

9. Centre For Enquiry Into Health And Allied Themes (C.E.H.A.T) & Ors V. Union Of India & Ors [2003]Directed the appropriate authorities to take prompt action against all bodies who are operating without a valid certificate of registration under the act.

10. The centers which are unregistered are required to be prosecuted by the authorities under provisions of the act and there is no question of issue of warning and to permit them to continue their illegal activities.

11. Appropriate authorities or any officer of the central or the state government authorized in this behalf is required to file complaint under section 28 of the act for prosecuting the offenders.5/19/20116

12. National Support And Monitoring Cell (NSMC) In A Five Month (15th May -14th October 06) Activity Report Gave the observations that in state of Delhi- There was no list of the 81 complaints/ prosecutions supposedly launched by the state authorities.

13. Court cases were supposedly launched only against 3 out of 35 unregistered establishments found during raids

14. Out of other 46 complaints where cases were supposed to be launched-1 clinic registration has been cancelled, 1 clinic fine was imposed of Rs.15,000/- only and Court cases were launched against 19 cases, out of which 8 cases were later withdrawn at various stages. 5/19/20117

15. Neither transparency nor clarity in the functioning of the Authorities authorized under the PNDT Act.

16. Wrong-reporting regarding the number of court cases filed.

17. Lack of accountability and will to enforce the law.

18. The State is totally complacent on the issue, and there is no monitoring of actions prescribed in the Act,

19. Total irresponsible reporting in flagrant violation of norms, rules and regulations.5/19/20118(NSMC) concluded their study stating that in state of Delhi

20. 5/19/20119

21. 5/19/201110

22. 11

23. 5/19/201112

24. OBSERVATIONSThere were 404 establishments which were found violating the provisions of P.C-P.N.D.T act.

25. The penalties imposed were not according to the law/ Orders of Honorable Supreme Court /Gujarat High Court in Majority of cases

26. In many cases in which court case was to be filed ,only show cause notice was issued.

27. The Authorities are letting off the establishments sealed for improper record keeping by taking simple Penalty and affidavit.5/19/201113

28. OBSERVATIONSThe Maximum no. of offenders were in North-West District of Delhi, while in the New Delhi District no establishment was found violating the provisions of P.C-P.N.D.T act

29. Court case has been filed in only 11 out of 404 establishments found violating the act.

30. Only show cause notice was given to 390 out of 404 establishments found violating the act 5/19/201114

33. Provided that the person conducting ultrasonography on a pregnant woman shall keep complete record thereof in the clinic in such manner, as may be prescribed, and any deficiency or inaccuracy found therein shall amount to contravention of provisions of section 5 or section 6 unless contrary is proved by the person conducting such ultrasonography;

37. Why the case is not registered against the doctor who conducted the ultrasound????

40. Why was the fetal ultrasound done??? The kidney bladder scan which has been asked has not been done properly. Fetal ultrasound which has not been asked has been done in full detail.

43. In shortThere is no form F filled upMy name is not in district records alsoNobody has asked for fetal ultrasound. What has been asked has not been done My husband has signed an agreement that he will never again ask me or force me to undergo sex determination or sex selective abortionin future.

44. And yet according to authorities there is no direct /circumstantial evidence of sex determination???????Than what evidence are the authorities looking for??????

45. “Implementation of PNDT Act is only on papers. Civil Surgeons -cum- District Appropriate Authorities have always soft corner towards owners of ultrasound scan centers , besides this political interference is also main hurdle in the success of court cases. In February 2007 a letter was issued by the Union Health Ministry New Delhi that District Magistrate, will be DAA under PC PNDT Act, but this letter has not been implemented by any State for the reasons best known to everybody. In Bathinda District PNDT Cell was sent up under the Chairmanship of District Magistrate, Bathinda in the year 2003 and when PNDT Cell was in working condition female birth rate was increased in the district but in the year 2007, black forces compelled the State Govt . Ultimately no meeting of PNDT Cell has been held after 26-11-2007. In some cases DAA after retirement given statement in favor of the doctors against whom complaint was filed by him when he /she was in service. In case GOI is serious to save the Girl Child, she must declare National Emergency on female foeticide , otherwise every body know the result ......” – Dr Sadhu Ram Kusla- Project Officer, PNDT Cell, Bhatinda, Punjab5/19/201129

46. RECOMMENDATIONSThe implementing authorities should be made accountable for sex ratios of their districts.Awareness should be increased in the general masses regarding the rules of Act.The P.C-P.N.D.T act must be included in the syllabus of medical and related disciplines.The media should be involved in all raids, so that no complaint can be swept under the carpet by the implementing authorities. 5/19/201130

47. RECOMMENDATIONSThe National Inspection and Monitoring Committee should have a regulatory role over the legal actions being initiated against the clinics/establishments raided by them. All the actions taken by the implementing authorities should be accessible to the civil societyAll cases of P.C-P.N.D.T should be immediately transferred to fast track court. The loopholes in the act should be plugged , which allow the offenders to get away with lighter sentences. 5/19/201131

48. And AUTHORITIES And JUDICIARY Should Be SENSITIZED And TRAINED So As To Help And Not Harass Any Women Who Wants To Save Her Daughters 5/19/201132

49. THANK YOU5/19/201133

P.n.d.t implementation

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