This is a study of actions initiated by the Government in last 2 years under the P.C-P.N.D.T act in state of Delhi. The study is very relevant considering the continously declining sex ratios in Delhi .

1. 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 2/11/2011 1

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

4. Prohibition on sale of ultrasound machines to persons not registered under this Act (Rule 3A)2/11/2011 2

5. Penalties for the offences 2/11/2011 3

6. 2/11/2011 4

8. 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.2/11/2011 5

10. 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.

11. 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.2/11/2011 6

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

14. 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fine was imposed of Rs.15,000/- only and Court cases were launched against 19 cases, out of which 8 cases were later withdrawn at various stages. 2/11/2011 7

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

17. Lack of accountability and will to enforce the law.

18. The State is totally complacent on the issue, and there is no monitoring of actions prescribed in the Act,

19. Total irresponsible reporting in flagrant violation of norms, rules and regulations.2/11/2011 8

20. 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) 2/11/2011 9

22. Data was collected for all the nine districts of Delhi.2/11/2011 10

23. DATA AND METHODS Data was divided into groups regarding: Establishments found violating the provisions of the act, Actions taken for various violations , The status of the establishments at time of giving reply to R.T.I 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 2/11/2011 11

24. FINDINGS 2/11/2011 12

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26. 9 8 1 2/11/2011 14

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35. OFFENCE WISE ANALYSIS 2/11/2011 23

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

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

44. The Authorities are letting off the establishments sealed for improper record keeping by taking simple Penalty and affidavit.2/11/2011 29

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

47. Only show cause notice was given to 390 out of 404 establishments found violating the act 2/11/2011 30

48. 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. 2/11/2011 31

49. 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 2/11/2011 32

50. REFERENCES Guilmoto Christophe Z “Sex-ratio imbalance in Asia: Trends, consequences and policy responses” (www.unfpa.org/gender/docs/studies/summaries/regional_analysis.pdf) Gorea R.K. “Editorial” JIAFM, 2004; 26(3). ISSN 0971-0973 (medind.nic.in/jal/t04/i3/jalt04i3p91.pdf) Jones A “Case Study: Female Infanticide” (http://www.gendercide.org/case_infanticide.html) “Violations Under The P.N.D.T Act And The Penalties” (http://pndt.gov.in/index1.asp?linkid=19) 2/11/2011 33

51. Annual Report, 2006 (pndt.gov.in/writereaddata /mainlinkfile/File99.pdf) OberoiRadhika “Here, Blue Still Wins Over Pink”, The Times of India,August 5th, 2008 (http://www.geneticsandsociety.org/article.php?id=4207) Health department of Haryana “Implementation of PNDT Act – 1994 in Haryana” (http://haryanahealth.nic.in/menudesc.aspx?Page=2) Express News Service “Doctor convicted for violating PNDT Act” Wed Feb 04 2009 (http://www.indianexpress.com/news/doctor-convicted-for-violating-pndt-act/418997/) 2/11/2011 34

52. Supreme Court Of India “Centre for Enquiry into Health And Allied themes [CHEHAT] & Ors Vs Union of India & Ors, Writ Petition [Civil] No. 301 Of 2000” order dated May 4, 2001 Times News Network , Lucknow Jul 14, 2010 “UP still not serious on PCPNDT Act” (http://timesofindia.indiatimes.com/city/lucknow/UP-still-not-serious-on-PCPNDT-Act/articleshow/6164935.cms) Five Month Activity Report Of National Support And Monitoring Cell from 15th May -14th October 06 (mohfw.nic.in/.../NSMC/NSMC%20Activity%20Report_May-Oct%2006.pdf) 2/11/2011 35

53. THANK YOU 2/11/2011 36