Presentation on PC & PNDT Act on 17-11-2014

Report
Presentation on PC&PNDT
ACT
on
17.11.2014
Ms. Richa Sabharwal
1
The Jammu and Kashmir Preconception and Pre-Natal
Sex-selection /
Determination
(Prohibition and Regulation)
Act,2002 and Rules ,2006
2
•
•
•
•
•
•
Introduction
Legal Initiatives
Objectives of the Act
Provisions of the Act
NRHM Initiatives
Progress with regard to
implementation of PC & PNDT
Act in the State
3
“Half of the Indian population too are
women. Women have always been
discriminated and have suffered and are
suffering discrimination in silence. Selfsacrifice and self-denial are their
nobility and fortitude and yet they have
been subjected to all inequities,
indignities, inequality and
discrimination.”
Madhu Kishawar vs State of Bihar
4
Introduction
India has always possessed the hateful
legacy of killing girl child. Earlier the
Scientific Techniques were not advanced,
so it was not possible to determine the
sex of the foetus. Due to Scientific
advancement, the blind killing of female
foetus has led to a precarious situation ,
where the male female ratio of the
population is being affected.
5
 India had lost over 10 million girls because of female
foeticide in last 20 Years
 2 million females are killed before or at birth simply
because of their sex.
 35 % Districts in India have lower Child sex ratio
than National Average.
 In certain parts of the country , there are less than
8 girls for every 10 boys.
 The extent of “missing girls” is 5 – 7 Lakhs a year
and about 2000 girls a day.
6
Legal Initiative
• Responding to the alarming situation where the dignity and rights
were being violated even before birth, of the girl child, women
activists took up cudgels against it. Parliament too realizing the
grave implications of the misuse of prenatal Diagnostic Techniques ,
attempted to limit the use of the same only for medical purposes.
• On 20th September1994: PNDT Act was enacted. This act came into
force in 1996
• In State of J&K, Act came into force in 2002
• Act is comprised of 34 sections spread over eight chapters.
7
Objectives of the Act
• Prohibition of the misuse of the prenatal diagnostic
techniques for the determination of the sex of the
foetus.
• Prohibition of advertisement of the techniques for
the determination of sex.
• Regulation of the use of techniques only for the
specific purposes like detecting genetic
abnormalities.
• Permission to use such techniques only under certain
conditions and in registered institutions.
• To provide deterrent punishment to stop inhuman
acts of the female foeticide.
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Provisions of the Act
9
Regulation of Genetic counselling centers
/Laboratories/Clinics(Chapter-II)
 Registration of Genetic counselling
centers /Laboratories/Clinics.
 qualified persons
 registered place
10
Application of PNDT(Chapter-III)
conduct of pre-natal diagnostic techniques is allowed
only for the detection of:
• chromosomal abnormalities
• genetic metabolic diseases
• haemoglobinopathies
• sex-linked genetic diseases
• inborn anomalies
• other defects or diseases specified by the Central
Supervisory Board
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Conditions to be fulfilled for using
PNDT
Techniques can be used or conducted only when
any of the following conditions exist:
• pregnant woman is above 35 years
• pregnant woman has undergone 2 or more
spontaneous abortions or foetal loss
• pregnant woman has been exposed to
potentially teratogenic agents such as drugs,
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Condt ………..
• radiation, infection or chemicals
• pregnant woman or her spouse has a
family history of mental retardation or
• physical deformities such as spasticity
or any other genetic disease
• any other condition specified by Central
Supervisory Board
13
Prohibitions
• Communication of the sex of the
foetus
• Determination of the sex of the
foetus
14
Sale of Ultrasound machines
• Sale should be at registered place only
• Sellers to provide list of machines sold
to the Appropriate authorities.
• Buyer to give undertaking to the seller
that said machine will not be used for
determination of sex.
15
Guidelines for using Pre-Natal
Diagnostic Technique.
• Obtain written consent of pregnant
women
• Consent can be obtained in any language
which she understands.
• To give her a copy of written consent.
• Explain her the side effects of
technique.
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State Supervisory Board (Chapter-IV).
Composition of the Board :1) Minister in charge, Ministry of health &
Family Welfare – Chairman Ex- officio
2) Secretary – Vice Chairman Ex- Officio
3) 2 Women Member – 1 Minister of Child
Development Ex Officio + Minister represent
of Law & Justice Ex Officio DGHS (Exofficio)
4) 2 Members (Each)
i. Eminent medical geneticist
ii. Eminent gynecologists & obstetrician 3
17
years
Condt ………..
(iii) Eminent pediatricians
(iv) Eminent social scientists
(v) Representatives of women welfare
organization.
5)Two women members from the Houses of
the state Legislature of whom one shall be
an elected member of the Legislative
Assembly; and
6) An officer , not below the rank of an
Additional Secretary or equivalent of the
Govt.,Incharge of Family Welfare, who shall
be the Member-Secretary, ex=officio.
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Condt..…
• Term of office of members:- 3 years
• Meetings of the Board:- one meeting in 2
months.
• Temporary association of persons with the
Board.
• Authentication of orders & other instruments
of the Board.
• Members eligible for re-appointment.
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Disqualification
Members:-
for
appointment
as
• Convicted for an offence involving moral
turpitude.
• Undischarged solvent
• Removed / dismissed from the service of the
Government or corporation owned/controlled
by govt.
• Has in the opinion of govt. , been associated
with
the
promotion
of
PNDT
for
determination of sex
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Functions of SSB
• To advise Govt. on policy matters.
• To
review
and
monitor
the
implementation of the Act.
• Recommend changes in the Act.
• Create awareness against the practice
of sex-selection.
• To lay down code of conduct to be
observed by Genetic counselling centers
/imaging centers/Laboratories/Clinics.
21
Appropriate Authority and
Advisory Committee(Chapter-V)
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Appropriate Authorities
• Composition of Appropriate Authorities
• Director Health Services(when
appointed for the whole state)
• Officer of any other rank (when
appointed for any part of the state)
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Functions of Appropriate Authority
• Grant ,suspend or cancel registration of Genetic
Counselling
centres/
imaging
centres
/
laboratories / clinics.
• Enforce standard prescribed for Genetic
Counselling centres / imaging centres /
laboratories / clinics
• To investigate complains as to breach of Act.
• To take advise of Advisory Committee on receipt
of application for registration and on complaints
for suspension or cancellation of registration . 24
Condt ………..
• To create public awareness against sex
selection
• Supervise implementation of the Act
• To make recommendations to SSB from
time to time.
25
Powers of Appropriate Authorities
• Shall have the powers of Civil Court which
includes:a. To summon
b. To enforce attendance of any person and
examine him on oath
c. To require discovery and production of any
documents
d. To receive evidence on affidavits
e. Appointment of commission for examination of
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any witness.
Advisory committee
• Composition of Advisory Committee:a. 3 Medical experts (Gynecologists, obstetricians,
pediatricians and Medical Geneticists.)
b. One Legal expert
c. One officer to represent the Department
dealing with information and publicity of the
Government.
d. 3 eminent social workers (out of 3 one must be
representative of Women’s organization).
27
Condt ………..
• Chairman
committee:-
of
Advisory
Any member from
among the above mentioned can be
designated as its Chairman .
• Meeting
of
Advisory
Committee - one meeting in two
months.
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Functions of Advisory
Committee
a. Surprise visits & periodic visits
b. Advise Appropriate Authorities on
• matters pertaining to registration ,
(suspension & cancellation of registration)
• Implementation of the Act
• Creation of public awareness against sex
selection.
c. Prevent contravention of the Act
d. Seizure of machines.
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Registration of Genetic Counselling centres,
Genetic Laboratories and Genetic Clinic(Chapter
VI)
• Duly Registered
• Application for registration (in prescribed
manner and with prescribed fees ) to be made
to Appropriate Authorities.
• Registration fees:
 For Genetic Laboratory is Rs. 3000
 For Ultrasonography centre operators in
Nursing Home is Rs. 6000
• For registration ,satisfaction of Appropriate
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authority is necessary.
Condt ………..
• Reason for rejection to be recorded in writing
• Certificate of registration to be displayed
conspicuous place of the clinic/center
at
• Certificate of registration non-transferable.
• Registration is valid for 3 years.
• For renewal ,application has to be made 30 days
before the expiry of existing registration.
• Fee charged for renewal of registration is half of the
fee charged for new registration.
• Applicant must be informed about renewal within 90
days , in case applicant is not informed, the
registration is deemed to be renewed.
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Cancellation or Suspension of
Registration
• Appropriate Authority can cancel or suspend
registration either suo moto or any complaint
received.
• Notice to be issued
• Opportunity of being heard to be afforded to
the applicant before cancellation of
registration.
• Applicant can appeal to State Government
• Appeal to be made within 30 days from the
receipt of order from Appropriate Authority 32
Offences (chapter-VII)
a. Cognizable – A police officer may arrest
the offender without warrant.
b.Non-bailable – Getting bail is not the
right of the accused. The courts have
discretion to grant bail.
c. Non-compoundable - Parties to the case
cannot settle the case out of court.
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Prohibitions
• Advertisement relating to pre natal
determination of sex.
• Offender to be punishable with fine
which may extend to 50,000 rupees
• Imprisonment for a term of 3 years
• Cancellation of registration as a Medical
Practitioner .
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S.no
Offences
1
For contravention of
provisions of the Act
2
Registered Medical
Practitioner who has been
convicted by the court
3
Person who seeks the aid
of any Gentic Counselling
centre,Genetic
Laborotary,Genetic Clinic
for conducting PNDT on
any pregnant women
4
Pregnant women when
compelled by her husband
or any relative to go for
PNDT
Penalty
Imprisonment for 3 years
fine up to 10,000 rupees
on subsequent conviction,
imprisonment which may extend
to 5 years and fine upto Rs
50,000
Appropriate authority to report to
State Medical Council for taking
necessary action.
Imprisonment for a term which
may extend to 3 years and
fine which may extend to Rs .
50,000.
on subsequent
conviction,
imprisonment
which may extend to 5 years Fine
which may extend to one lakh
rupees.
Shall be liable for abetment.
(instigates or Intentionally
aiding
35
Miscellaneous (Chapter-VIII)
Maintenance of records:• Genetic counselling center, Genetic
Laboratory, Genetic Clinics to maintain all the
records for 2 years.
• In case , case is lying with court then records
to be maintained till disposal of the case.
• Records to be available at all reasonable times
for inspection by Appropriate Authorities.
36
Condt ………..
• Power of search and seizure of records
by Appropriate authorities.
• Protection to Appropriate Authorities
for action taken in good faith.
• Power to make rules.
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NRHM Initiatives for Strengthening
PC&PNDT Act.
• Awareness Generation
• Sensitisation through Workshop / Sammelans
• Rallies and Debates
• Hoardings
• Involvement of Religious Peers
• Regular Inspections
• Reward to informer
• Website on PC&PNDT
• Establishment of PC & PNDT Cell
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Condt ………..
• Progress with regard to implementation of PC & PNDT
Act in the State (Achievement ending July 2014)
 336 health institutions have been registered under PC
& PNDT Act.
 1023 premises have been inspected by the Appropriate
Authorities / officers authorized by the Appropriate
Authorities.
 Registration of 04 ultrasound clinics has been cancelled.
 73 USG machines have been seized.
 03 persons have been arrested and one has been
convicted.
 04 unregistered machines have been confiscated.
 48 Govt. Hospitals and 283 private Hospitals are filling
the form F online.
 No. of IEC activities conducted at State / District
38
Level
Thank
you
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