New Amendments in PC & PNDT Act to help in Effective Implementation


New Delhi -The recent initiatives undertaken by Government of India to strengthen effective implementation of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act include the following:

• Rule 11 (2) of the PC & PNDT Rules, 1996 has been amended to provide for confiscation of unregistered machines and further punishment of organizations which fail to register themselves under the Act.

• The National Inspection and Monitoring Committee has been reconstituted and apart from inspections, further empowered to oversee follow-up action by Appropriate Authorities against organizations found guilty of violations under the Act during inspections.

• Operational guidelines for PNDT-NGO Grant in Aid Scheme have been revised to ensure targeted use of resources for effective implementation of the Act.

• States have been asked during appraisal of the annual Programme Implementation Plan (PIP) to take advantage of funding available under NRHM for strengthening infrastructure and augmentation of human resources required for effective implementation of the PC & PNDT Act.

Hundred and twenty seven cases have been reported for violations of Pre-Conception and Pre- Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 in 2011.

As per the 2011 Census (provisional), the sex ratio has increased from 933 in 2001 to 940 in 2011. However, the child sex ratio (0-6 years) has shown a decline from 927 in 2001 to 914 in 2011. As per the United Nations World Population Prospects: The 2010 Revision, there are 106.8 males per 100 females in India.

35 Comments (+add yours?)

  1. Trackback: Health department to challenge acquittals for sex determination « Forum against Sex Selection (FASS)
  2. drrajnicontractor md gynaec
    Mar 27, 2012 @ 18:19:18

    if govt will not catch real culprit who are doing such inhuman,henious crime female sex ratio of nation will not be changed —though govt increase fees– portable soography is ban— radiologist should not visit more than 2 place is totally useless ,ineffective waisting time and money. if govt has to involve medical legal expert in their team so conviction in pcpndtact will be raised because doctor are most intellegent person of society and if dr involve in such criminal activity it is very difficult for govt to nailed or catchthem.

    Reply

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  5. dr rajeev singh
    Apr 29, 2012 @ 06:55:07

    My serious concern is for those Ethical doctors who are not indulged in this malpractice and specially for those who are proactive against this henious act of sex selection. I think there should be provisions in act to defend these good doctors and it is seen that they are not harmed by the provisions of this act just because they commit some unintentional human error during maintenance of F-forms. There should be some provision of minimal penalty or warning notice before proceeding DIRECTLY to cancellation of their registration and removing their names from Medical council register. Because these are the people who believe in the spirit of act and a lookupon example for those who are the real culprits. If these good people are punished for petty paper work irregularities then the moral of the BAD doctors is boosted and they further go ahead in malpractice and the chances of their coming to terms of the spirit of act deminishes further. Let’s not make the act just a wasteful of paperwork because BAD people might turn out to be really GOOD in papers and can save their crimes in the pages of the act. NEW amendements still are required to preserve the SPIRIT of act by adoping more of Decoy or sting operations to catch the killers RED HANDED rather than the current practice of scrutiny of F-forms and charging cases against the person who might not be involved in malpractice but so absorbed with patients that he unintentionally leaves lapses in filling F-forms.

    Reply

  6. drrajnicontractor md gynaec
    May 06, 2012 @ 02:34:44

    govt should now have to decided that they are really interested to increase FEAMLE SEX RATIO in socociety OR increase SEALING OF SONOGRAPHY MACHINE which will release by court in 6 month is really meannigless if govt will not acting properly in right way next census 2021 will definately so LOW FEMALE SEX RATIO which insult direction of higest APEX COURT and our respected PARLAMENT who made this LAW IN 1994

    Reply

  7. draparajita rawal
    Nov 01, 2012 @ 18:40:31

    sex ratio in our country cannot be altered by sudden seizing and sealing of uss machine by inspecting authorities which are often biased by untrue informations which are again biased by either fellow coullegues or some public who unintentionally was not attended by poor busy dr, who is really involved in ethical practice.
    the mentality of avg indian has to be changed by conducting camps of social awareness by media by inspectng authorities who are otherwise wasting theis efforts and energy and above all their precious time inthrowing sudden raids and humiliating and tourchering concerned doctors and indirectly creating a panic in the hospital and thereby adversly affecting patients management.

    ARE THESE RAIDS REALLY ABLE TO HIGHLIGHT CULPRITS ????? ,, NO
    NO NO NO NO
    NO NO NO

    THEY HAVE GIVEN A VERY GOOD PLATFORM TO THEM IN THE FORM OF
    “FORM F”
    IT MEANS U DETECT THE SEX OF THE CHILD AND FILL THE FORM F VERY EFFICIENTLY … THESE NICELY FILLED FORM F ARE THE REAL CRIMINAL ATOM BOMBS WHICH ARE HIDING SO MUCH OF HARSH TRUTH WHICH CAN NEVER BE SEEN BY INSPECTING AUTHORTIES..

    O GOD SAVE ALL FEMALE FOETUSES OF INDIA BY UNEARTHING THE REALTY OF FORM F BY STING OPERATIONS RATHER THAN SEIZING THE MACHINES OF HARD WORKING ETHICAL DOCTORS , WHO ABSORBED AND SO INTENSELY INVOLVED IN PT CARE THAT HE OR SHE FORGETS TO FILL FORM F OR INCOMPLEATLY FILLS IT …

    victim of inspecting team

    Reply

  8. drrajnicontractor md gynaec
    Nov 02, 2012 @ 09:28:05

    REALLY NOW GOVT DECIDED THAT THOSE DOCTOR FILL FORM-F UP TO DATE & DOING SEX DETERMINATION GOVT NOT MIND OF THEM
    GOVT NOW DECIDED THAT TEACH DR FILLING OF FORMF ACCURATE & NOT INTERESTED TO INCREASE FEMALE SEX RATIO AS MOST OF SONOGRAPHY MACHINE SEALED DUE INACCURACY OF FILLING OF FORMF IT IS AMAZING NO ONE SHOULD WORRY IF YOU FILL FORM-F VERY WELL & DOING SEX DETERMINATION STILL YOU SHOULD NOT WORRY AT ALL AS GOVT WILL NOT TAKE ACTION AGAINST YOU.

    Reply

    • draparajita rawal
      Feb 27, 2013 @ 15:24:24

      dear dr rajani i fully agree on your views on form f which is always interpreted wrongly.i was victimised because of minor faults. i never thought of doing sd .i do a lot of surgery even laparoscopic one. i plan to quit obstetrics beacause of my busy routine.i nspecting team was bent upon on declaring me as a dr who aims to do sd only and responsible for deteriorating sex ratio in india.WERE THEY BIASED

      Reply

  9. sunnyahuja
    Dec 06, 2012 @ 04:45:58

    recently few NGO small news papers and magzines have statred pressing for donations adds sponserships for them or they threat softly to make false complain against sonologist dr doinf sex determination .
    Dr satish Arora meerut

    Reply

  10. jaskaran singh
    Dec 20, 2012 @ 09:08:28

    respected mam ,sir,is there any telephone no where a person can collect latest updates n rulings regarding pndt act other then local cs office

    Reply

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  12. pritam singh
    Dec 29, 2012 @ 12:27:42

    Government should stop registering centres under pcpndt act which are under proprietership of non-medicos, just like in united states of america where not only USG centres but hospitals also cannot be run by non medicos because american law believes that practising medicine is not business or commercial activity on contrary in india many corporate hospitals & business men are running hospitals in india and made it a business & consequently has developed insecurity in doctor’s as individual. that may be one of reasons which has possibly led some doctors indulging in such heinous malpractices. in my personal view this action can stop this malpractice, because i believe that group of influential non-medicos which are running corporate hospitals cannot feel humanitarian grounds to use there discretions. there discretions will be shielded by monetary needs.
    these are my personal views, no body is bounded to think as me.

    Reply

  13. DR RAJNICONTRACTOR MD GYNAEC
    Jan 11, 2013 @ 16:21:36

    if govt or any one donot have respect or realise importance of girl child in society severe SOCIAL CRIME LIKE RAPE HONOR KILLING ,DOWARY DEATH will continue really sorry to say pls go to bootom ami to raise FEMALE SEX RATIO in soicety and do necessary thing ,law in that direction .other wise next census 2021 will also see drastic fall in female sex ratio.
    new amendment will never increase female sex ratio but it will definately increase amount in ruppes for sex determination as in past it done in 800rs now it 5000rs so govt ,dr, and people are not searching quickfix solution.
    really it is shame ful today SUPREME COURT say DELHI is not SAFE for WOMAN still govt & his machinarey in silent mode in working crime against woman.
    Recently few days back “Thomas Roiter foundations trust law for women, in their survey “most dangerous countries for women in world are

    1 – Afghanistan, 2 – Congo, 3 – Pakistan, 4 – India, 5 – Somalia

    Reply

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  15. Mr. Arpan Kumar
    Apr 26, 2013 @ 03:01:32

    Although Government is trying its level best to hike up the sex ration. But the main problem is that it has to fight on three fronts at once
    1- Raise the level of Awareness among traditional women
    2- Participation of Local Community is such committees, Only ornamental members are enlisted in these committees
    3- Regular and parallel monitoring system and transparancy in reportingsie. Reports and outcomes of checkings should be published in local newspapers

    Reply

  16. ANITA
    Apr 26, 2013 @ 09:20:30

    APART FROM THE PNDT ACT ,SOCIO-CULTURAL MINDSET NEEDS TO BE CHANGED. ALL PRACTISES THAT DEIFY MALE NEED TO BE STOPPED/TONED DOWN. KARVACHAUTH IS ONE SUCH EXAMPLE. THE VERY BASIS OF SUCH PRACTISES MUST BE CHALLANGED. MEN WILL NOT DO MUCH AS WHO WOULD WANT TO THROW AWAY A POSITION OF SUPREMACY?

    Reply

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      May 05, 2013 @ 10:08:33

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      Reply

  17. drrajnicontractor
    Apr 28, 2013 @ 16:07:24

    NO GIRL NO WORLD when every person of society belive any moment then female sex ratio in society will double up it is social crime & problem it is tackle not only by law only but society should come out & welcome girl child

    Reply

  18. drrajnicontractor
    Apr 28, 2013 @ 16:10:22

    Satara: The National Inspection and Monitoring Committee (NIMC) caught a private doctor carrying out a sex determination test in Satara on Wednesday.
    The NIMC team laid a trap,wherein a decoy case was sent to the doctors clinic, said Varsha Deshpande,an NIMC member.The same doctor is facing criminal charges for misusing the sonography machine in 2009.Despite the case being subjudice,he was given a licence to perform a sonography test, she said.
    The ultrasound sonography machine at the doctors hospital has been sealed.
    Ironically,the incident took place on the same day when 250 girls named Nakusa or Nakoshi (which means unwanted ) were given new names in the district.On the one hand the district administration is trying to bring about a change in the mindset of people obsessed with a male child.On the other hand,doctors,supposedly the intelligent and sensible face of society,are being caught carrying out sex-determination tests, Deshpande said.
    The NIMC team comprised G Kaushalya from the Union health ministry,gynaecologist Dr Rajani Contractor of Gujarat and D M Diwakar,a social scientist from Patna.They laid the trap with the help of civil surgeon Suresh Jagdale and district collector N Ramaswami.
    My question to the state authorities is how a doctor,who is facing charges for violating the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act,was given permission to perform a sonography when the matter against him is pending in a court of law, Deshpande said.
    The NIMC team went to Satara after cracking down on private clinics in Mumbai,Talegaon Dabhade and Beed,where various irregularies pertaining to the violation of norms of the PCPNDT Act were detected.

    Reply

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  21. Dr prakash Kothari
    Aug 17, 2013 @ 10:57:25

    For USG to be conducted on pregnant women delacration taken signed by pt and doctor
    songraphy done F Form filled exept for diagnosis and doctors signature in
    F Form
    what is the rule and act and can the doctor write diagnosis and sign F form
    next day
    What is the logic behind submission of online F form in 24 hrs .will print
    out of this will be cosidered as F form filled which indirectly means
    you have 24 hrs to fill F form if declaration of pt and doctor has been taken
    before usg

    F form are for record of clinic and to be sub mitted upto 5th of every month
    so can the authorities take out mistakes of running month

    Reply

  22. DR RAJNICONTRACTOR LEGAL EXPERT IN PCPNDT ACT
    Aug 17, 2013 @ 17:41:24

    Be franke & honest Govt authority has to check all records of form -f on submission on 5 th as per PCPNDTACT but Govt shifting thier burden on shoulder of doctor really no one in any state govt has expert knowledge on pcpndtact, govt know dr will nallenge order so expolite it as much as they can it will never improve female sex ratio but invite corrouption & more illegal activity by govt authority & dr BASIC THEM OF CURBING FEMALE FETICIDE IS SIDE TRACK BY THIS APPROCH

    Reply

    • Dr prakash Kothari
      Aug 18, 2013 @ 08:12:39

      madam our sonography machine has been sealed as diagnosis and sign
      of doctor was not in previous days F form though declaration of pt and doctor signed and f form 17 columns were filled. just because I was busy in a serious
      pt of ct scan i could not complete the form.
      can I get justice and how should i present my case
      i have filled online F form of the pt after the inspection by authorieties was complete as online F form are accepted for 24 hrs

      Reply

  23. Dr prakash Kothari
    Aug 18, 2013 @ 08:14:02

    pl reply via email

    Reply

  24. DR RAJNICONTRACTOR LEGAL EXPERT IN PCPNDT ACT
    Aug 18, 2013 @ 11:13:30

    dr praksh kothari pls phone me on 09825042772
    rajnicontractor@gmail.com
    i am 100% solve ur problem & question on ur sealing

    Reply

  25. JITHESH KUMAR
    Nov 27, 2013 @ 09:34:01

    Is there any restrictions of supplying / selling portable ultrasound ( who ever having pndt registration and validity ) to individual clinics , diagnostic center.

    Is portable machines bannded or portability banned .

    please get clarify in this

    Reply

  26. DR RAJNI CONTRACTOR MD GYNEC
    Jan 13, 2014 @ 17:28:14

    The use of portable ultrasound machine or any other portable machine/device which has the potential for selection of sex before conception or detection of sex during pregnancy is to be permitted only in the following two conditions-

    Portable machine being used within the premises it is registered, for providing A Mobile Genetic Clinic as defined under the explanation to Section 2d of the PCPNDT Act shall operate and offer Pre Natal Diagnostic Techniques only as part of a Mobile Medical Unit offering a bouquet of other health and medical services in urban slums/rural/ remote /hilly/ hard to reach areas for improved access to health care services by underserved populations.

    (2) The machine under no circumstances will be used for sex determination of the foetus, as mentioned under Section 6 of the said Act.

    (3) Stand alone mobile ultrasound clinics offering only prenatal diagnostic facilities are prohibited.

    (4) The mobile medical unit offering diagnostic services shall have adequate space for providing the facilities to patients, with requirement of equipment and qualifications of the employees remaining same as enumerated under Rule 3.
    bedside services to the patients.

    As part of a mobile medical unit, offering a bouquet of other health and medical services.

    Reply

  27. DR RAJNI CONTRACTOR MD GYNEC
    Jan 13, 2014 @ 17:30:54

    Dear friends prtabl machine is not ban but use of portabilty inform of taking sonography machnie is baneed
    one cane use their machine in same building in indoor facility but can not taken out side of his clinic

    Reply

  28. Hello Uls
    Feb 19, 2014 @ 15:34:29

    Hi this problem is created by few doctors & also non doctors. Also some ultrasound companies also …

    As a immediate action government MUST stop import of portable ultrasound machines, because now colour Doppler you can carry in your hand bag… no one will know what u are carrying … …

    Reply

  29. VIKAS
    Mar 02, 2014 @ 05:08:06

    DEAR DR RAJNI.
    I JUST HAVE A SMALL ENQUIRY THAT IF A PATIENT COMES WITHOUT REFEERAL OF A DOCTOR FOR FWB SCAN, CAN I BEING A RADIOLOGIST MAKE A PRESCRIPTION FOR THE PATIENT TO DO SCAN. .

    Reply

  30. DR RAJNICONTRACTOR
    Apr 28, 2014 @ 15:03:05

    NO NOT AT ALL NEVER MANUFACTURED ANY DOCUMENT U RIGHT IN YOUR CASE PAPER THAT PATIENT COM DIRECTLY & SHE REQUIRE SONOGRAPHY
    KEEP PAPER WITH U .
    COURT ALWAYS BELIVE THAT OUR INTENTION SHOULD BE BONAFIED & NOT BE MALFIED .
    DO SONOGRAPHY BCZ IF U DONT DO AND IF SOMTHING GOING WRONG AS FOR EXAMPLE PT HAS RUPUTED UTERUS & DIED THEN COURT WILL NOT LEAVE U

    Reply

  31. dr rajnicontractor
    May 02, 2014 @ 06:12:05

    dont worry u do sonography of that pateint & write in case paper that patient has come directly without any referal cheet so sonography need so i do it. if our intention is clear then nothing tom worry as court alwys protect the dr if our intention is bonafied

    Reply

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