The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
📘 Background of the PCPNDT Act, 1994
Before the Act was passed, there was a rising concern about the declining sex ratio in India, primarily due to illegal sex determination followed by abortions if the fetus was female. Modern ultrasound technology and other diagnostic tools made it easier to determine the sex of the fetus, which led to a widespread practice of female foeticide.
In response, the Indian Parliament passed this Act in 1994, and it was further amended in 2003 to strengthen its provisions.
🎯 Objectives of the Act
Prohibit sex selection before or after conception.
Regulate the use of pre-natal diagnostic techniques like ultrasound and amniocentesis.
Prevent misuse of these technologies for sex determination.
Punish medical professionals and others involved in sex-selective practices.
⚖️ Key Provisions of the Act
1. Scope
Applies to all diagnostic techniques used before and during pregnancy.
Covers pre-conception sex selection techniques (added in 2003 amendment).
2. Prohibition of Sex Selection (Section 3A & 3B)
No person or center is allowed to conduct or aid in sex selection, before or after conception.
Advertisement or promotion of sex determination is strictly banned.
3. Regulation of Diagnostic Techniques (Section 4)
Permitted only for detecting genetic abnormalities, metabolic disorders, chromosomal abnormalities, etc.
Not to be used for determining the sex of the fetus.
Requires written consent of the pregnant woman and proper documentation.
4. Registration of Clinics (Section 18)
All ultrasound clinics and diagnostic labs must be registered under the Act.
Maintenance of records is mandatory.
5. Maintenance and Inspection of Records (Section 29)
Every center must keep detailed records of each case.
Authorities can inspect and seize documents if any violation is suspected.
6. Penalties (Section 23)
First Offense: Up to 3 years imprisonment + fine up to ₹10,000.
Second Offense: Up to 5 years imprisonment + fine up to ₹50,000.
The medical license of the offender may be suspended or canceled.
7. Offenses are Cognizable and Non-Bailable
Authorities can arrest without warrant.
Bail is not easily granted due to seriousness of the crime.
👨⚖️ Important Case Laws
1. Centre for Enquiry into Health and Allied Themes (CEHAT) v. Union of India (2001)
Landmark PIL filed by CEHAT and others.
Supreme Court issued strong guidelines for strict implementation of the PCPNDT Act.
Ordered registration of all ultrasound machines and monitoring by State authorities.
Led to creation of Appropriate Authorities at the central and state levels.
2. Voluntary Health Association of Punjab v. Union of India (2013)
Supreme Court observed that female foeticide is a social evil.
Directed state governments to enforce the law strictly.
Emphasized on awareness campaigns and regular audits of clinics.
3. Dr. Sabu Mathew George v. Union of India (2015)
PIL against search engines showing advertisements for sex determination.
Supreme Court ordered Google, Yahoo, and Microsoft to block such ads and links.
Reinforced the ban on advertising sex selection services.
🔍 Authorities Under the Act
Central Supervisory Board (CSB): Policy-making and oversight.
State Supervisory Boards: Monitor implementation at state level.
Appropriate Authority (AA): At district level – inspects, investigates, and takes action against violators.
📉 Impact of the Act
The Act has helped to:
Regulate diagnostic centers.
Create legal awareness about the issue of sex-selective abortions.
Improve monitoring mechanisms.
However, challenges remain due to:
Lack of proper enforcement.
Corruption and complicity among some healthcare professionals.
Social preference for male children still prevalent.
🧾 Conclusion
The PCPNDT Act is a powerful legal tool to combat female foeticide and ensure a balanced gender ratio in India. It not only prohibits sex selection but also regulates medical technologies to prevent their misuse. However, its success depends largely on strict enforcement, public awareness, and change in societal attitudes.
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