Concerns over the suspension of PCPNDT rules

Concerns over the suspension of PCPNDT rules

• The Supreme Court has asked the government to explain its decision to suspend crucial rules of a parliamentary law against pre-natal sex determination and sex selection till June end, amid the COVID-19 national lockdown. However, the Court has refused to put on hold the notification.

What has happened?

• On April 4, a notification was issued by the Union Ministry of Health and Family Welfare which put on hold the implementation of certain rules of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex-Selection Rules) of 1996 till June 30, 2020.
• The government’s notification suspends rules 8, 9(8), and 18A(6) of the PCPNDT Act.
• This move was widely criticized for its future consequences and the possibility of a spike in sex-selective abortions in the country.
• In the absence of the rules, many fear that it could lead to undocumented misuse by clinic owners as well as parents.

Clause 9:

• The suspension of Clause 9(8) is of particular concern.
• The Rule reads: “Rule 9(8): Every Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic, and Imaging Centre shall send a complete report in respect of all pre-conception or pregnancy-related procedures/techniques/tests conducted by them in respect of each month by 5th day of the following month to the concerned Appropriate Authority.”
• Concern: Since the medical facilities come under essential services and thus are exempted from the lockdown if the clinic is open and conducting tests it should be duty-bound to keep a register of such tests and suspension of the rule could lead to illegal procedures.

About the PCPNDT Act:

• It was enacted in response to the decline in Sex ratio in India, which deteriorated from 972 in 1901 to 927 in 1991.
• The main purpose of enacting the act is to ban the use of sex selection techniques before or after conception and prevent the misuse of prenatal diagnostic techniques for sex-selective abortion.
• Offenses under this act include conducting or helping in the conduct of prenatal diagnostic technique in the unregistered units, sex selection on a man or woman, conducting PND test for any purpose other than the one mentioned in the act, sale, distribution, supply, renting, etc. of an ultrasound machine or any other equipment capable of detecting sex of the fetus.
• The Act mandates compulsory registration of all diagnostic laboratories, all genetic counseling centers, genetic laboratories, genetic clinics, and ultrasound clinics.
• Amendments:
• The act was amended in 2003 to improve the regulation of the technology used in sex selection.
• The Act was amended to bring the technique of preconception sex selection and ultrasound technique within the ambit of the act.
• The amendment also empowered the central supervisory board and state level supervisory board was constituted.

Why strict implementation of this law is necessary?

• The number of girls missing at birth due to the practice of gender-biased sex selection in India has been estimated at 0.46 million girls per year for the period 2001-12 (which is 5.52 million girl children, missing at birth for the 12 years).
• The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act and the Rules thereunder are aimed at remedying this social evil.

Source: The Hindu