The Union health ministry has clarified that it has not suspended the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, which prohibits pre-natal sex determination, but has only relaxed some rules related to submission of reports due to the coronavirus lockdown.

In view of the ongoing lockdown, a notification was issued on April 4 about deferring or suspending certain provisions under the PC&PNDT rules, the ministry said in a statement.

These rules pertain to applying for renewal of registration if falling due in this period, submission of reports by diagnostics centres by the fifth day of the following month and submission of quarterly progress report by the states and Union Territories.

“It is reiterated that each ultrasound clinic, genetic counselling centre, genetic laboratory, genetic clinic and imaging centre would have to maintain all the mandatory records on day-to-day basis, as prescribed under the law,” the ministry said.

“It is only the submission deadlines to respective Appropriate Authorities which have been extended till June 30. There is no exemption (to the diagnostic centres) from compliance to the provisions of the PC&PNDT Act,” it said.

All records are mandatory and have to be maintained according to rules and the notification in no way impacts the requirement of stringent implementation of the PC&PNDT Act and Rules, the ministry stated. 

PC&PNDT Act

As per the 2011 Census, the child sex ratio has shown decline from 927 females per thousand males in 2001 to 918 females per thousand males in 2011. 

The government has enacted the PC&PNDT Act, 1994, for prohibition of sex selection before or after conception and for prevention of misuse of pre-conception and pre-natal diagnostic techniques for sex determination. 

What is sex selection?

Sex selection is any practice that increases the likelihood of conception, gestation and the birth of a child of one sex rather than the other. As per the Act, it includes any procedure, technique, test or administration or prescription or provision of anything for the purpose of enduring or increasing the probability that an embryo will be of a particular sex.

Prohibition of Sex Selection

In 1988, Maharashtra became the first state in the country to ban pre-natal sex determination through the enactment of the Maharashtra Regulation of Pre-Natal Diagnostics Techniques Act. 

At the national level, the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act (PNDT Act) was enacted on September 20, 1994.

The law was amended in 2003 following a Public interest Litigation (PIL) filed in 2000 to improve regulation of technology capable of sex selection and to arrest the startling decline in the child sex ratio as revealed by the Census 2001.

Except under certain specific conditions, no individual or genetic counselling center or genetic laboratory or genetic clinic shall conduct or allow the conduct in its facility of, pre-natal diagnostic techniques including ultra-sonography for the purpose of determining the sex of the foetus.

What are the features of the PC&PNDT Act?

Sex selection and sex determination are prohibited. No person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives the sex of the foetus by words, signs or in any other manner.

All clinics conducting ultrasound must be registered and only doctors qualified under the Act can use diagnostic techniques such as ultrasound.

The amended Act not only prohibits determination and disclosure of the sex of the foetus but also bans advertisements related to pre-conception and pre-natal determination of sex. 

All the technologies of sex determination, including the chromosome separation technique have come under the ambit of the Act. 

The Act has also made mandatory in all ultrasonography units, the prominent display of a signboard that clearly indicates that detection/revelation of the sex of the foetus is illegal. 

Further, all ultrasound scanning machines have to be registered and the manufacturers are required to furnish information about the clinics and practitioners to whom the ultrasound machinery has been sold.

All clinics should display the following notice prominently: ‘Disclosure of sex of the foetus is prohibited under the law’ in English as well as the local language.

Doctors or clinics advertising sex determination tests in any form are liable for punishment.

Penalties and punishment for the violations of the provisions of the Act are:

For doctors/owner of clinics:

* Up to three years of imprisonment with fine up to Rs 10,000 for the first offence.

* Up to five years of imprisonment with fine up to Rs 50,000 for subsequent offence.

* Suspension of registration with the Medical Council if charges are framed by the court and till the case is disposed of. Removal of the name for five years from the medical register in the case of first offence and permanent removal  in case of subsequent offence.

For husband or any other person abetting sex selection:

*Up to three years of imprisonment with a fine up to Rs 50,000 for the first offence.

*Up to five years of imprisonment with fine up to Rs 1 lakh for subsequent offence.

For any advertisement regarding sex selection:

Up to three years of imprisonment and up to Rs 10,000 fine.

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