The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 was enacted to stop sex-selective practices and female foeticide in India. It regulates the use of ultrasound and other diagnostic techniques to ensure they are not misused to determine the sex of the foetus.

Understanding the PCPNDT Act is essential for aspiring doctors, radiologists, and policymakers, as it upholds medical ethics and gender equality. It will also help them follow the legal and ethical norms and make the right decisions.   

Continue reading to learn more!

PCPNDT Act: An Overview

The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, was brought in to stop prenatal sex determination and prevent female foeticide. It bans the misuse of diagnostic techniques to select the sex of the child and addresses the declining sex ratio in India.

Key points of the PCPNDT Act are as follows:

• Ban on Prenatal Sex Determination – Doctors cannot use ultrasounds or any other diagnostic methods to reveal the sex of the foetus.
• Regulation of Genetic Centres – Genetic counselling centres, laboratories, and clinics involved in prenatal diagnostics, including IVF with Preimplantation Genetic Diagnosis (PGD), are under its ambit and are strictly monitored.
• Legal Consequences – The Act imposes penalties for those who violate its provisions to ensure compliance in the medical community.

Importance of the PCPNDT Act

For decades, India’s patrilineal culture and patriarchy have made male children a priority. Families kept having children till they had a son. Population growth was the result.

This bias increased in the 1990s with the advent of ultrasound technology, and a ₹1000 crore sex selection industry boomed where doctors were doing selective abortions for a price.

This resulted in a skewed sex ratio in favour of men because of female foeticide. The PCPNDT Act was brought in to address this crisis, to ban prenatal sex determination, and to regulate diagnostic centres to prevent misuse. This law is vital for protecting gender balance and ethical medical practices.

Features of the PCPNDT Act

The PCPNDT Act was enacted to stop sex selection and female foeticide. It regulates prenatal diagnostics and has heavy penalties for violators. Here are some of its key features:

• Ban on Sex Selection – The Act prohibits sex determination before or after conception and elimination of the foetus based on gender.
• Regulation of Diagnostic Techniques – Ultrasound and amniocentesis can only be used for medical reasons such as:
  • Genetic abnormalities
  • Metabolic disorders
  • Chromosomal abnormalities
  • Certain congenital malformations
  • Haemoglobinopathies
  • Sex-linked disorders
• Restrictions on Laboratories and Clinics – No registered centre or clinic can do sex determination of the foetus.
• Confidentiality Clause – Medical professionals cannot disclose the sex of the foetus to the pregnant woman or her family verbally, in writing or symbolically.
• Strict Action Against Advertisements – Promoting prenatal or preconception sex determination through print, electronic media, hoardings or any form of publicity is illegal. Punishment is up to 3 years in jail and ₹10,000 fine.

By these provisions, the PCPNDT Act plays a major role in eradicating gender discrimination and ethical medical practice.

PCPNDT Act 2003: Key Amendments

In 2003, the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PNDT Act) was amended and renamed as the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT Act). This amendment tightened the law to curb sex selection and regulate diagnostic technology.

Following is an overview of the major amendments:

• Inclusion of Pre-Conception Techniques – The Act now covers pre-conception sex selection methods, so gender selection is not possible even before pregnancy.
• Regulation of Ultrasound Use – Ultrasound technology is now under legal scanner, so it cannot be misused for sex determination.
• Empowerment of Supervisory Bodies – The Central Supervisory Board is more empowered, and state level supervisory boards are formed to enforce the law.
• Stronger Legal Action – Punishment is more severe so that violators can be prosecuted more easily.
• Increased Authority for Enforcement – Authorities have civil court powers to search, seize, and seal ultrasound machines and equipment used illegally.
• Controlled Sale of Ultrasound Machines – Sale of ultrasound machines is allowed only to registered medical bodies to prevent unauthorised use.

These changes have strengthened the fight against female foeticide and made the Act more effective in maintaining gender balance in India.

FAQs About PCPNDT

1. What is PNDT registration?

The PC-PNDT registration certificate must be displayed in the original in the reception area and the USG room. A copy of the PC-PNDT Act should be kept at the centre and visible in the waiting room and USG room.

2. Is ultrasound legal in India?

Yes, ultrasound is legal in India. However, using it for prenatal sex determination is strictly prohibited under the PCPNDT Act 1994. The government cracks down on illegal ultrasound centres which reveal foetal sex.

3. Who is the appropriate authority under the PCPNDT Act?

Both the Central and State governments appoint one or more authorities through a notification in the Official Gazette to ensure compliance with the Act.

4. What is the main objective of the PCPNDT Act, 1994?

PCPNDT Act aims to prevent female foeticide and control the declining sex ratio in India. It bans prenatal sex determination and regulates the use of diagnostic techniques.

5. What are two methods of prenatal diagnosis?

Two main types are:

• Chorionic Villus Sampling (CVS): A procedure to check for genetic disorders by taking a sample of the placenta.
• Amniocentesis: A test to detect foetal abnormalities by taking a small amount of amniotic fluid.

6. What are the four main prenatal tests?

The four main prenatal tests are:

• Carrier Screening: To identify genetic conditions which can affect the baby.
• Cell-free Foetal DNA Testing (cffDNA): A blood test to screen for chromosomal abnormalities.
• Chorionic Villus Sampling (CVS): To test for genetic disorders through placental sampling.
• Early Ultrasound: To assess foetal development in the first trimester.

Conclusion

PCPNDT Act is a step towards eradicating gender discrimination and misuse of medical technology for sex selection. While the law regulates prenatal diagnostic techniques well, mindset change and addressing the root cause of gender bias are equally important.

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