PCPNDT Act, 1994 — Prohibition of Sex Selection, Conditions for Prenatal Diagnosis and Penalties

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 is Act No. 57 of 1994, dated 20 September 1994. It came into force on 1 January 1996. It was originally called the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act; the 2003 amendment (Act 14 of 2003, in force from 14 February 2003) renamed it, brought pre-conception sex selection within its scope, and tightened the penalties and the regulation of ultrasound.

Its long title states the purpose: to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for detecting genetic or metabolic disorders, chromosomal abnormalities, certain congenital malformations or sex-linked disorders, and for the prevention of their misuse for sex determination leading to female foeticide.

Section 4 has two filters. Section 4(2) says what can be looked for; Section 4(3) says who qualifies — and the person qualified to do the test must record the reason in writing.

A proviso to Section 4(3) covers ultrasound specifically: whoever performs ultrasonography on a pregnant woman must keep a complete record in the prescribed manner, and any deficiency or inaccuracy in that record amounts to a contravention of Section 5 or 6 unless the contrary is proved. Sections 4(4) and 4(5) add that no person — including a relative or the husband — may seek or encourage prenatal diagnosis for other purposes, or any sex-selection technique.

The PC&PNDT Rules, 1996 (amended in 2011, 2012 and 2014) prescribe the forms. MoHFW guidance (2015) summarises them:

• Declarations (Rule 10(1A)) — the pregnant woman declares she does not want to know the sex of her foetus; the person doing the scan declares on each report that he/she has neither detected nor disclosed the sex. Both are in Section D of Form F.
• Register (Rule 9(1)) — names and addresses of everyone counselled or tested, spouse/father's name, and the date first seen.
• Monthly report — sent to the Appropriate Authority by the 5th of the following month (Rule 9(8)).
• Retention — all records, forms, consent letters and sonographic images for two years (Section 29); if proceedings are pending, until final disposal. Electronic records need an authenticated printed copy.
• Inspection — records must be available to the Appropriate Authority at all reasonable times; Section 30 allows search and seizure of records, machines and equipment.

• Section 18 — no Genetic Counselling Centre, Laboratory or Clinic, including any centre with an ultrasound or imaging machine capable of sex determination, may open or render services unless registered.
• Section 19 — the Appropriate Authority grants the certificate after inquiry and the Advisory Committee's advice; it must be displayed in a conspicuous place.
• Section 20 — registration can be suspended or cancelled after a show-cause notice; in the public interest it can be suspended without notice. Section 21 — appeal within 30 days to the Central or State Government.
• Validity and fees (Rules) — a certificate is valid for five years; renewal is applied for 30 days before expiry. Fees from 5 June 2012: twenty-five thousand rupees for a single type of facility and thirty-five thousand rupees for an institution combining services.
• One doctor, two clinics — a medical practitioner qualified to do ultrasonography may be registered with a maximum of two clinics within a district, with consulting hours specified.
• Mobile units — a mobile genetic clinic may work only as part of a Mobile Medical Unit offering other health services; stand-alone mobile ultrasound clinics are prohibited.

The Six Months Training Rules, 2014 set a 300-hour course ('Fundamentals in Abdomino-Pelvic Ultrasonography: Level One for MBBS doctors'). Gynaecologists and radiologists with a postgraduate degree or diploma do not need it.

Functions of the Appropriate Authority (Section 17(4)) include granting, suspending or cancelling registration, enforcing standards, investigating complaints and acting immediately, taking legal action against sex selection suo motu, and creating public awareness. Under Section 17A it can summon any person with information, require production of documents, and issue a search warrant for any place suspected of sex selection or prenatal sex determination.

• Section 23(4) — the punishment for seekers does not apply to a woman who was compelled to undergo the test or selection.
• Section 24 — the court shall presume, unless the contrary is proved, that the pregnant woman was compelled by her husband or relative, who is then liable for abetment under Section 23(3).
• Section 26 — when a company commits an offence, the persons in charge (and any consenting or negligent director or manager) are also guilty.
• Section 27 — every offence is cognizable, non-bailable and non-compoundable.
• Section 28 — a court takes cognizance only on a complaint by the Appropriate Authority (or an authorised officer), or by a person — including a social organisation — who has given at least 15 days' notice to the AA. Trial is by a Metropolitan Magistrate or Judicial Magistrate of the first class.

The two laws regulate different things. The PCPNDT Act regulates diagnostic technology — it prohibits sex determination and sex selection, and it does not regulate abortion delivery, documentation or reporting. Abortion is governed by the Medical Termination of Pregnancy (MTP) Act, 1971. MoHFW guidance stresses that the PCPNDT Act does not restrict access to safe abortion, that it is untrue that most abortions are for sex selection, and that the Appropriate Authority under the PCPNDT Act is not entitled to inspect MTP records.

• Year and amendment — enacted 1994, in force 1996, amended and renamed 2003.
• Conditions for prenatal testing — age above 35, two or more spontaneous abortions/foetal loss, teratogen exposure, family history of genetic disease.
• Forms — Form F for ultrasound/genetic clinic records; Form G for invasive procedure consent; records kept 2 years.
• Penalty — doctor: up to 3 years + ₹10,000, repeat 5 years + ₹50,000; Medical Council removal 5 years then permanent.
• Nature of offence — cognizable, non-bailable, non-compoundable.
• Embryo vs foetus in the Act — embryo till 8 weeks (56 days), foetus from day 57.
• Who chairs the CSB — the Union Minister in charge of Family Welfare. Practise more medico-legal stems in the NEET PG PYQ bank.