Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994

Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994

• The Delhi High Court has remarked that certain aspects of the PC & PNDT Act need reconsideration for effective implementation of the Act.
• The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of the Parliament of India that was enacted to stop female foeticides and arrest the declining sex ratio in India. The act banned prenatal sex determination.

Provisions

• It regulates the use of pre-natal diagnostic techniques, like ultrasound machine by allowing them their use only to detect – genetic abnormalities, metabolic disorders,chromosomal abnormalities, and certain congenital malformations, haemoglobinopathies and sex-linked disorders.
• No laboratory or Centre or clinic will conduct any test including ultrasonography for the purpose of determining the sex of the foetus.
• No communication about the sex of the foetus to the pregnant woman or her relatives by words, signs or any other method.
• Punishment – imprisoned for up to 3 years and fined Rs. 10,000.

Concerns Raised by the Delhi High Court :-

• The Practicality of Police Involvement in Raids and Seizures:
• Court noted that though the PC & PNDT 
• Rules contemplate that the police should not be involved in raids, seizure, etc. “as far as possible”, the practicality of this aspect needs to be reconsidered since such action “has to be as per the CrPC for conducting raids at facilities/clinics”.

Powers of Investigation and Arrest:

• The Court observed that although the Appropriate Authority is given the powers to investigate and conduct raids, cancel or suspend the registration of medical centers and facilities that violate the PC & PNDT Act, it does not have the power to arrest anyone under this Act.
• The offences under this Act have been made ‘cognizable’, meaning the police can make an arrest.
• However, the court raised concerns about the effectiveness of the Appropriate Authority’s role in implementing the Act since they do not have the power of arrest.

Low Rate of Conviction:

• very low.
• This indicates a failure of the justice system to effectively prosecute offenders and prevent the illegal practice of sex-selective abortion.
• Clarity on Police’s Powers of Investigation and Arrest:
• The concerns raised by the court highlight the need for greater clarity on the role of the police in implementing the Act, as well as the powers of investigation and arrest vested in the Appropriate Authorities.
• Increased Conviction Rate:
  • The low rate of conviction under the PC & PNDT Act has been a persistent challenge, and the court’s remarks may help in increasing the conviction rate in cases related to sex-selective abortion.

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