Study to see the implementation of Pre Conception And Pre Natal Diagnostic

Techniques Act (P.C-P.N.D.T Act) In State Of Delhi.

Presented By – Mitu Khurana,

Vinod Goyal, Sharvari Ubale

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INTRODUCTION

The major prohibitions under the PC-P.N.D.T Act are- Prohibition of sex selection ,before and after conception(section 3A of the act)

Prohibition of advertisement of any technique for sex selection as well as sex determination (Sec 22 of the Act)

Prohibition on sale of ultrasound machines to persons not registered under this Act (Rule 3A)

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Penalties for the offencesNon-availability of copy of the PNDT Act in the registered centre

Case may be launched in the court of JMIC u/s 25 of the ActShow cause notice u/s 20(1),(2) for temporary suspension of registration. Non- Display of registration

certificate in the centre.

Non-Display of Board in the premises in English and Local Language

Advertisement relating to pre-conception and pre-natal determination of sex

U/s 22(3) of the PNDT Amendment Act, Case is to be launched in the court u/s 28 of the Act

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Unregistered Centers/Machine equipment to be sealed & seized by the Appropriate Authority concerned. Launch the case in the court u/s 28 of the Act.Registration granted after Penalty & affidavit

Record KeepingIrregularities in record keeping as per revised form ‘F’ are a major offence

Contravention (a major offence) of provision of section 5 and 6 of the Act and punishable U/s 23(1) of the PNDT Act.

Sex Selection Violation of section 5 and 6 of the Act and punishable u/s 23 of the Act.

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Gujarat High Court in “Suo Motu Vs State Of Gujarat - on 30 September, 2008”

Any improper maintenance of record in itself is equivalent to violation of the provisions of sections 5 and 6 (sub-section (3) of section 4 of the act.

Cases where the form F is not filled at all, or where the vital details are lacking, such that the woman who has undergone the ultrasound cannot be identified, than this lapse cannot be passed over as a procedural lapse, and has to be in all seriousness tried in a court of law.

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Centre For Enquiry Into Health And Allied Themes (C.E.H.A.T) & Ors V. Union Of India & Ors [2003]

Directed the appropriate authorities to take prompt action against all bodies who are operating without a valid certificate of registration under the act.

The centers which are unregistered are required to be prosecuted by the authorities under provisions of the act and there is no question of issue of warning and to permit them to continue their illegal activities.

Appropriate authorities or any officer of the central or the state government authorized in this behalf is required to file complaint under section 28 of the act for prosecuting the offenders.04/11/2023

6

National Support And Monitoring Cell (NSMC) In A Five Month (15th May -14th October 06) Activity Report Gave the observations that in state of

Delhi- There was no list of the 81 complaints/ prosecutions supposedly launched by the state authorities.

Court cases were supposedly launched only against 3 out of 35 unregistered establishments found during raids

Out of other 46 complaints where cases were supposed to be launched-1 clinic registration has been cancelled, 1 clinic fine was imposed of Rs.15,000/- only and Court cases were launched against 19 cases, out of which 8 cases were later withdrawn at various stages.

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• Neither transparency nor clarity in the functioning of the Authorities authorized under the PNDT Act.

• Wrong-reporting regarding the number of court cases filed.

• Lack of accountability and will to enforce the law. • The State is totally complacent on the issue, and

there is no monitoring of actions prescribed in the Act,

• Total irresponsible reporting in flagrant violation of norms, rules and regulations.

(NSMC) concluded their study stating that in state of Delhi

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OBJECTIVE

To Study The Actions Taken Under The P.C- P.N.D.T Act By The Implementing Authorities In Delhi During The Time Period From March 2008-march 2010

(Data Received By R.T.I)

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DATA AND METHODS

Data received by means of R.T.I filed in March 2010, regarding the actions initiated by the implementing authorities against the establishments found violating the provisions of P.C-P.N.D.T act from March 2008-March 2010.

Data was collected for all the nine districts of Delhi.

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10

DATA AND METHODS

• Data was divided into groups regarding:i. Establishments found violating the

provisions of the act,ii. Actions taken for various violations , iii. The status of the establishments at

time of giving reply to R.T.Iiv. Number of court cases filed in state

of Delhi in the past 2 years (i.e. from March 2008-March 2010 under the P.C-P.N.D.T act

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FINDINGS

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EAST

WEST

SOUTH

NORTH

CENTRAL

NORTH-EAST

NORTH-WEST

SOUTH-W

EST

NEW-D

ELHI

82

3121

45

8 9

199

90

District Wise Break up of Establishments

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13

SOUTH WEST DISTRICT

To t a l N o A c ti o n Ta ke n

S h o w C a u s e N o ti c e A n d S e a l e d C o u r t C a s e

O p e n C l o s e d O p e n C l o s e d

0

H o w We re T h e S e a l e d C e n t e rs O p e n e d

Pe n a l t y + A ffi d av i t

S t r i c t Wa r n i n g O n l y U n k n o w n

3 3 2

O ff e n c e N o t M e n ti o n e d I n Re p l y To R .T. I

9

8 1

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SOUTH

To t a l N o S h o w C a u s e N o ti c e +

S e a l i n g

O n l y S h o w C a u s e N o ti c e

2 1 5 1 6

P r e s e nt S t a t u s O p e n C l o s e d O p e n C l o s e d

5 0 1 6 0

O ff e n c e N o t M e n ti o n e d I n Re p l y To R .T. I04/11/2023 15

WEST

To t a l N o ( 3 1 )

S h o w C a u s e N o ti c e A n d S e a l i n g

O n l y S h o w C a u s e N o ti c e

I f S e a l e d H o w O p e n

Pe n a l t y + A ffi d av i t Pe n a l t y

3 1 2 7

O ff e n c e - N o t Ke e p i n g Re c o rd s P ro p e r l y 04/11/2023 16

EAST

U n re g i s t e re d C e n t e r ( 2 ) A c ti o n Ta ke n U n k n o w n

S ti n g O p e ra ti o n s ( 2 ) A c ti o n Ta ke n U n k n o w n

D e f I n Ro u ti n e I n s p e c ti o n S e a l i n g C o u r t C a s e

O n l y S h o w C a u s e N o ti c e

2 2 0 0 2 2

U n re g i s t e re d M a c h i n e ( 1 ) A c ti o n Ta ke n U n k n o w n

C l i n i c ` s S e a l e d O n S e l f A p p l i c a ti o n - 9 04/11/2023 17

RECORD KEEPING LATE APPLICATION NO RADIOLOGIST3

0

21

0

0

36

7 0

EAST (contd.)COURT CASE

SUSPENSION OF REGISTERATION

ONLY SHOW CAUSE NOTICE

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DEF IN RECORDS UNREGISTERED MACHINE

7

0

0

1

CENTRAL DISTRICT

SEALINGSHOW CAUSE NOTICE

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INCOMPLE

TE FORM F

IMPROPER RECORDS

NO REFERRAL SLIP

S

FORM F NOT SUBMITTED

NO RADIOLO

GIST

BOOK UNAVAILABLE

BOARD NOT DISPLAED

MACHINE UNREGISTERED

NO REGISTER MANATAIN

ED

109

12

6

2

21

2

4

0 0 0 02 0

00 0

NORTH DISTRICT

SEALING

SHOW CAUSE NOTICE

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20

LATE SUBMISSION NON SUBMISSION

48

151

0

0

NORTH-WEST DISTRICT

SHOW CAUSE NOTICE SEALING

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21

No Quali

fied Doc

Sting O

peration

Registerati

on Expiry

NO Referral S

lips

Incomplete. F

orm F

Unregistered M

achine

Unregistered C

enter.

0 0

1 11 1 1

2 2

1

0 0 0 0

NORTH-EAST

COURT CASE

SHOW CAUSE NOTICE

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OFFENCE WISE ANALYSIS

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NON SUBMISSION OF MONTHLY

RECORDS 38%

DEFICIENCY IN RECORD KEEPING27%

LATE SUBMISSION 12%

UNKNOWN 8%

3%

3% 2%

1%1%2% 0% 1% 0% 0%

NON SUBMISSION OF MONTHLY RECORDS DEFICIENCY IN RECORD KEEP-INGLATE SUBMISSION UNKNOWN NO REFERRAL SLIPS INCOMP. FORM FNO QUALIFIED DOCNO REGISTER MANATAINEDREGISTERATION EXPUNREGISTERED MACHINEBOOK UNAVAILABLESTING OPERATIONBOARD NOT DISPLAEDUNREGISTER PLACE.

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NON SUBMISSION OF MONTHLY RECORDS DEFICIENCY IN RECORD KEEPING

NON SUBMISSION OF MONTHLY RECORDS ;

157

DEFICIENCY IN RECORD KEEPING; 109

0

3

COURT CASE SEALED

SHOW CAUSE NOTICE

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48 30 13 11

4

4

44

2 1

0

0

1 1

2

0

1 3

0

1

0 1

0 04

01

0

2

0

COURT-CASE

SEALED

SHOW CAUSE NOTICE

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OFFENCE TOTAL ONLY SHOW

CAUSE NOTICE %

LATE SUBMISSION 48 48 100

UNKNOWN 31 30 96.77

NO REFERRAL SLIPS 14 13 92.85

INCOMP. FORM F 12 11 91.66

NO QUALIFIED DOC 10 4 40

NO REGISTER MANATAINED 4 4 100

REGISTERATION EXP 6 4 66.66

UNREGISTERED MACHINE 7 4 57.14

BOOK UNAVAILABLE 2 2 100

STING OPERATION 4 2 50

BOARD NOT DISPLAED 1 1 100

UNREGISTER PLACE. 2 1 50

NON SUBMISSION OF MONTHLY RECORDS 157 157 100

DEFICIENCY IN RECORD KEEPING 112 109 97.32

TOTAL 410 390 95.1204/11/2023 27

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OBSERVATIONS There were 404 establishments which were

found violating the provisions of P.C-P.N.D.T act.

The penalties imposed were not according to the law/ Orders of Honorable Supreme Court /Gujarat High Court in Majority of cases

In many cases in which court case was to be filed ,only show cause notice was issued.

The Authorities are letting off the establishments sealed for improper record keeping by taking simple Penalty and affidavit.04/11/2023 29

The Maximum no. of offenders were in North-West District of Delhi, while in the New Delhi District no establishment was found violating the provisions of P.C-P.N.D.T act

Court case has been filed in only 11 out of 404 establishments found violating the act.

Only show cause notice was given to 390 out of 404 establishments found violating the act

OBSERVATIONS

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RECOMMENDATIONS• The implementing authorities should be made

accountable for sex ratios of their districts.• Awareness should be increased in the general

masses regarding the rules Of Act.• The P.C-P.N.D.T act must be included in the syllabus

of medical and related disciplines.• The media should be involved in all raids, so that

no complaint can be swept under the carpet by the implementing authorities.

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RECOMMENDATIONS• The National Inspection and Monitoring

Committee should have a regulatory role over the legal actions being initiated against the clinics/establishments raided by them.

• All the actions taken by the implementing authorities should be accessible to the civil society

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THANK YOU

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