Bring out the salient features of the PCPNDT Act, 1994, and the implications of its amendment in 2003.

Salient Features of the PCPNDT Act, 1994

The PCPNDT Act, 1994, established a comprehensive legal framework to address the issue of sex selection. Key features included:

• Regulation of Diagnostic Techniques: The Act regulated the use of pre-conception and pre-natal diagnostic techniques like ultrasound, amniocentesis, chorionic villus sampling, and others, for the purpose of determining the sex of the foetus.
• Prohibition of Sex Selection: It explicitly prohibited sex selection, making it a punishable offence.
• Establishment of Central Supervisory Board: A Central Supervisory Board was constituted to oversee the implementation of the Act and to formulate guidelines.
• State Level Coordination Committees: State Governments were mandated to establish Coordination Committees to monitor and implement the Act at the state level.
• Registration of Genetic Counselling Centres: All genetic counselling centres, sex determination clinics, and imaging centres were required to be registered under the Act.
• Penalties: The Act prescribed penalties for violations, including imprisonment and fines.

Implications of the Amendment in 2003

The 2003 amendment to the PCPNDT Act was a significant step towards strengthening the legal framework and addressing the shortcomings of the original Act. The key implications of the amendment are detailed below:

Strengthening Regulatory Mechanisms

The amendment broadened the scope of the Act by including genetic clinics and ultrasound centres within its purview. This meant that more facilities were subject to regulation and monitoring.

Expanding the Definition of ‘Relative’

The definition of ‘relative’ was expanded to include parents, grandparents, and other close family members, making it more difficult to circumvent the law by getting sex determination done through intermediaries.

Increased Penalties

The amendment increased the penalties for violations, including imprisonment and fines, making the consequences of sex selection more severe. The minimum imprisonment was increased to three years, and fines were also raised.

Role of Appropriate Authorities

The amendment clarified the roles and responsibilities of the Appropriate Authorities, who are responsible for implementing and enforcing the Act at the district level. It also empowered them to conduct regular inspections and take action against violators.

Prohibition of Advertisement

The amendment explicitly prohibited the advertisement of pre-natal diagnostic techniques or sex selection services, aiming to curb the demand for such practices.

Inclusion of Counselling Centres

The amendment brought genetic counselling centres under the ambit of the Act, ensuring that they do not provide or promote sex selection services.

Challenges and Implementation

Despite the amendments, the PCPNDT Act faces several challenges in its implementation. These include:

• Low conviction rates: Despite numerous cases being registered, the conviction rate remains low due to difficulties in gathering evidence and lack of effective prosecution.
• Illegal Ultrasound Clinics: The proliferation of unregistered and illegal ultrasound clinics continues to be a major problem.
• Social Preference for Sons: Deep-rooted societal preference for sons remains a significant driver of sex selection.
• Lack of Awareness: Limited awareness about the Act and its provisions among the general public hinders its effective implementation.

According to data from the National Family Health Survey-5 (2019-21), the sex ratio at birth in India is 929 females per 1000 males, indicating a continued, albeit slow, decline in the sex ratio. (Knowledge Cutoff: 2023)