PC & PNDT ACT 1994 (Syllabus: GS Paper 2 – Social Issue)

Context: Despite Delhi's sex ratio at birth declining from 929 females per 1,000 males in 2022 to 922 in 2023, only 19 cases were registered under the "Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994" in the past three years.

Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994

• About: It is a law for the prohibition of sex selection leading to female foeticide.
• It aimed at stopping female foeticides and improving the declining sex ratio by banning prenatal sex determination.
• Objectives: The act seeks to prohibit sex selection before and after conception and to prevent the misuse of prenatal diagnostic techniques for sex-selective abortions.
• Provisions:

o Regulation of Techniques: The act regulates the use of pre-natal diagnostic techniques, such as ultrasound, restricting their use to detecting genetic and congenital disorders.

o Sex Determination Ban: No laboratory, clinic, or center can conduct tests, including ultrasonography, for determining the sex of the fetus.

o Communication Restrictions: No one, including those conducting procedures as per the law, can communicate the fetus’s sex to the pregnant woman or her relatives by any means.

o Advertising Restrictions: Advertisements promoting pre-natal and pre-conception sex determination are punishable with up to three years of imprisonment and a fine of Rs. 10,000.

Offences Under the Act Include:

• Aiding Prenatal Diagnostic Techniques: Operating or assisting in prenatal diagnostic techniques in unregistered facilities is an offense under the act.
• Prohibition of Sex-Selection: Sex selection for either gender is considered a punishable offense.
• Sex-Detection Equipment: The sale, distribution, or use of equipment that facilitates sex-detection of the fetus, such as ultrasound machines, is prohibited and punishable under the act.