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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. Selfsacrifice 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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India 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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• 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 20 th 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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• 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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Regulation of Genetic counselling centers
/Laboratories/Clinics(Chapter-II)
 Registration of Genetic counselling centers /Laboratories/Clinics.
 qualified persons
 registered place
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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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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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• 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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• 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.
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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 (Exofficio)
4) 2 Members (Each) i. Eminent medical geneticist ii. Eminent gynecologists & obstetrician 3 years
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Condt ………..
(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.
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• Term of office of members:3 years
Condt..…
• 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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• 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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• 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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• 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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Condt ………..
• To create public awareness against sex selection
• Supervise implementation of the Act
• To make recommendations to SSB from time to time.
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• 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 affidavits e. Appointment of commission for examination of any witness.
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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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Condt ………..
Any member from among the above mentioned can be designated as its Chairman .
one meeting in two months.
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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. 3000
 For Ultrasonography centre operators in
Nursing Home is Rs. 6000
• For registration ,satisfaction of Appropriate authority is necessary.
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Condt ………..
• 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.
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• 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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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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• 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
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2
3
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For contravention of provisions of the Act
Registered Medical
Practitioner who has been convicted by the court
Person who seeks the aid of any Gentic Counselling centre,Genetic
Laborotary,Genetic Clinic for conducting PNDT on any pregnant women
Pregnant women when compelled by her husband or any relative to go for
PNDT
Penalty
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
Appropriate authority to report to
State Medical Council for taking necessary action.
Imprisonment for a term which may extend to 3 years and fine which may extend to Rs .
50,000.
conviction, on subsequent imprisonment which may extend to 5 years Fine which may extend to one lakh rupees.
Shall be liable for abetment.
(instigates or Intentionally aiding
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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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Condt ………..
• Power of search and seizure of records by Appropriate authorities.
• Protection to Appropriate Authorities for action taken in good faith.
• Power to make rules.
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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

Condt ………..
• 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
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