Act and its provisions

1. PCPNDT Act
THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC
TECHNIQUES ACT, 1994
DR M BALAJI SINGH

2. The Pre-conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994
 Pre-natal Diagnostic Techniques include
 Ultra-sonography,
 Foetoscopy,
 Taking samples of amniotic fluid, embryo, blood or any tissue or fluid of pregnant women
before or after conception,
 Testing samples in Genetic Laboratory to detect genetic disorders, abnormalities or sex-linked
diseases.

3. Why PC is added in PCPNDT Act
 Even before conception/ implantation it is possible for sex selection of
baby in micro manipulation techniques.
 Now a days it is technically possible to isolate ‘Y’ sperm from ‘X’ sperm
which can be utilized for sex selection of the fetous( intentionally opting
for boy child) in assisted reproductive techniques like ICSI, SUZI, etc.
 Hence the words ‘Pre Conception’ ( P C ) added to the PNDT Act.

4. PCPNDT Act

5. The Act Imposes restrictions on
 Clinics, medical personnel and sale of machines
 Only registered genetic clinics can use prenatal diagnostic techniques
by qualified medical practitioner
 Prohibition of sex-selection of the baby.
 Prohibition on sale of ultra sound machine to unregistered
laboratories, clinics & persons

6. Restriction ……..

7. Legal Initiative to maintain sex ratio and
protecting girl child births.
 1978: government issued a directive banning the misuse of amniocentesis in
Government Hospitals and Laboratories
 1988: Law to prevent sex determination tests was passed in Maharashtra
by“Maharashtra Regulation of Prenatal Diagnostic Technique Act 1988”
 in 20th September1994: PNDT Act initiated for proceedings in Parliament
of India
 This Act came into force in 1996

8. What was the need for such an Act?
 The PNDTAct 1994and its subsequent amendment in 2003 as the PC & PNDT
Act(Prohibition of Sex Selection) Act were not brought into force because common
people were resorting to sex selection, but because the medical fraternity made it
possible and easy for them to do so.
 Abandoning their moral responsibility to the tenets of our profession, a few doctors,
took advantage of the discriminatory social practice of son-preference and daughter
aversion

10. the pre conception – post conception /
selection / determination of sex
 prohibits the Communicating about Sex of the fetus
with couple.
 prohibits the advertisement about sex disclosure
in any manner
 provides – punishment for violation of rules and
regulations of the Act.

11. PNDT ( PRE NATAL DIAGNOSTIC TECNIQUE ) can be
used in following conditions
INDICATIONS ARE…….
 Age of pregnant women is above 35 years
 Two or more spontaneous abortions
 Pregnant women has been exposed to drugs, radiation, infection or
chemicals adversely.
 Family history of mental retardation or physical deformities or
any other inheritable genetic disorders.

12. Essential communications/ displays of
pre natal techniques.
 Explanation of all known side effects & test procedures.
 Written consent in prescribed form & its copy given to her.
 Not to disclose sex of the fetus by words, signs etc.
 Display prominently in local language that disclosure of sex of fetus
prohibited under law.
 “Registration certificate” issued by the Govt. for the center” to be
displayed prominently in the clinic.

13. Indications of Prenatal Diagnostic
Technique
 1) Chromosomal abnormalities
 2) Genetic Metabolic Diseases
 3) Hemoglobinopathies
 4) Sex linked genetic disease
 5) Congenital anomalies
 6) Any other abnormalities / or disease as may be specified by the Central
Supervisory Board.
 Reasons are to be – recorded in writing.

14. An offence under this law is Cognizable
 – A police officer may arrest the offender without warrant
 Non-bailable – Getting bail is not the right of the accused. The courts
have discretion to grant bail Non-compoundable - Parties to the case
cannot settle the case out of court and decide not to
prosecute.( Sec 27 )

15. Institutions to be registered ……
 Genetic Counseling Centre
- any hospital/ nursing home/ any place whatever name
 Clinic
- prenatal diagnostic procedures
 Laboratory
- Conducting analysis or tests of samples received from genetic
clinic for prenatal diagnostic test.

16. Institutions…….
 Ultrasound Clinics & Imaging Centres Included Vehicles /
Mobile ultrasound machine included Health Melas / Non
functional Machines at clinics included.
 Registered Medical Practitioner
- Recognized medical qualification Indian
Medical Council Act 1956 + Name registered in
State Medical Register

17. Registration
 Registration time after initiating the institution, up to 90 days • Start work after
registration only.
 No clinic shall be registered unless Appropriate authority ( AA) is satisfied about the
equipment or standard prescribed
 AA after satisfying itself, with regards to advise of Advisory Committee
 Rejection by reason recorded in writing
 Renewal every after five years

18. Registration…..
 Certificate of registration is non transferable
 Change of ownership, management or ceasing to functions –
surrender the certificate
 New owner shall apply afresh.
 Validity – 5 years

19. Board (Central Supervisory Board)
 • Minister in charge, Ministry of health & Family Welfare
– Chairman Ex- officio
• Secretary – Vice Chairman Ex- Officio
• 2 Women Member – 1 Minister of Child Development Ex
Officio + Minister represent of Law & Justice Ex
Officio DGHS (Ex-officio)
• 2 Members (Each)
(i) Eminent medical geneticist
(ii) Eminent gynecologists & obstetrician 3 years
(iii) Eminent pediatricians

20. Board……
 (iv) Eminent social scientists &
(v) Representative of woman welfare organization
• 3 Woman Member of Parliament
• 2 shall be elected by House of people
• 1 by council of states
• 4 members of Central Government approved by – 1 years
An officer – not below rank of Joint Secretary or equivalent of Central
Government – Member Secretary Ex-Officio

21. Functions of the Board
 1) To advice the Government on policy matters relating to use of prenatal diagnostic
techniques.

2) To review the implementation of the Act and the Rules made there under and
recommend changes in the said Act and Rules to Central Government.

3) To create public awareness.

4) To lay down code of conduct to be observed by persons working at Genetic
Counseling Centre, Genetic Laboratory & Genetic Clinic.

5) Any other function as may be specified under the Act.

22. Code of Conduct
 • Display board.
• Availability of copy of the act- waiting area/ sonography room.
• Display original certificate- waiting area/sonography room.
• Use of authorized machine.
• Filling F form completely & signature of concerned sonologist.
• Authorized person performing sonography.
• Submission of report in time.

23.  To say “No” to requests for performing sex selection, sex
detection and gender-specific MTPs and to discourage
colleagues from doing so.

24. Thank you ……and save girl child