DIGEST ON PC-PNDT & MTP ACT (2000 TO 2022) WITH DEFENCE INDEX

DIGEST ON PC-PNDT & MTP ACT (2000 TO 2022) WITH DEFENCE INDEX

PREFACE

Decline in female sex ratio in the society is a matter of concern and the provision of the PC & PNDT Act, 1994 have been enacted with a view to see that the female sex ratio is maintained and no sex determination of foetus may be done and to stop female foeticide. Under these provisions, no sex determination of foetus is permissible and to stop female foeticide, for which the Act has appointed the appropriate authority at the District level who may be either the District Magistrate or may be the Collector, District Development Officer and Chief Health Officer. Accordingly, at the Taluka level, Sub-District Magistrate and Taluka Health Officer (Block Health Officer) have been declared as the Sub-District Appropriate Authority. Under the PC & PNDT Act, these authorities are directed to find out and supervise the Doctors having ultrasound & sonography clinics which carry out sex determination and foetus feticide.

Having noticed that those directions as well as the provisions of the Act are not being properly implemented by the various States and Union Territories, Apex Court passed order on directing the Central and State Governments for the proper and effective implementation of the provisions of the Act as well as the various directions issued by the Court

There has been no effective supervision or follow up action so as to achieve the object and purpose of the Act. Mushrooming of various Sonography Centres, Genetic Clinics, Genetic Counselling Centres, Genetic Laboratories, Ultrasonic Clinics, Imaging Centres in almost all parts of the country calls for more vigil and attention by the authorities under the Act. But unfortunately, their functioning is not being properly monitored or supervised by the authorities under the Act or to find out whether they are misusing the pre- natal diagnostic techniques for determination of sex of foetus leading to foeticide.

Despite directions of Apex Court and the concerning Governments, provisions of the Act are not followed at District Level. Therefore, I thought to prepare a Book on the Subject to make aware about the formalities to be followed atSonography Centres, Genetic Clinics, Genetic Counselling Centres, Genetic Laboratories, Ultrasonic Clinics, Imaging Centres and about the offence and punishment under the Law so that deterrence be imposed on the Doctors and their staff for misusing the techniques and machines for determination of sex of foetus leading to foeticide.

MTP ACT

Before MTP Act, the mothers who were not interested to carry pregnancy and minor girls or women subjected to sexual assault/rape were not in position to get the pregnancy terminated as no specific law was enacted. Even girls and women having abnormality in her pregnancy where life of mother was at risk also could not terminate the pregnancy legally. Even Doctors, midwife exploited them, physically and financially, to carry termination of pregnancy Therefore in view of need of time and also considering the sufferings by them, Parliament enacted the MTP Act for providing the relief to them..