9. Sec.24 – Shall presume……
Sec.27 – Cognizable,
– Non bailable
– Non compoundable
10.
11. Chances of corruption
Elimination of fear
Punishing the victim
No local authorities
A Loophole in Form F of the Act
Updating the Act
Difficulty in the assessment of an
12.
13. Chapter V [Section 17, 17(A)] includes
Advisory Committees and Appropriate
Authorities. Under Section 17, the appropriate
authorities are granted a wide range of powers,
including the ability to issue, revoke, or suspend
a centre’s registration, as well as the ability to
look into complaints and take legal action. The
14. The following powers have been granted to
the appropriate authority:
1. Summoning anybody who has knowledge of
a breach of this Act’s norms or provisions to
appear in court.
2. Production of any record or tangible thing
pertaining to violations
3. Issuing a search warrant for any location
where prenatal sex determination or sex
selection practices are allegedly being used;
15. In this case, the petitioners were a married
couple. They had essentially raised two
arguments against the Act’s constitutionality: first,
that it violates Article 14 of the Indian Constitution,
and second, that it violates Article 21. However,
the Article 14 challenge was not pushed into
16. that “the right to personal liberty cannot be
stretched in any way to include the freedom to
forbid the conception of a female or male foetus,
which should be left to the will of nature.” The
High Court held that “these rights, even if further
expanded to the extremes of the possible
elasticity of the provisions of Article 21, cannot
include the right to selection of sex, whether
preconception or post-conception,” citing
17. Act is factually enacted to advance the child’s
right to complete development as provided for
under Article 21.” Therefore, regardless of the
infant’s sex, a conceived child has a right to full
development under Article. As a result, the High
Court rejected the petition, ruling that there was
no evidence at all that Article 21 of the
Constitution was violated.
18. The following issues were raised in this case
for consideration: Does Section 28 of the Pre-
conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994 permit a
court to find a violation of the Act upon receipt of
a complaint from any official authorised by the
appropriate authorities to file such a complaint?
Does the proviso to subsection (3) of Section 4 of
19. responsibility to establish that there was a
contravention of the provisions of Section 5 or 6
of the Act.
JUDGMENT – A court may take notice of an
offence under the Preconception and Pre-natal
Diagnostic Techniques (Prohibition of Sex
Selection) Act, 1994, on a complaint submitted
by any official authorised in that regard by the
20. The proviso to Section 4(3) of the PNDT Act
does not mandate that the complaint alleging
accuracy or inadequacy in preserving records in
the required way should also contain an
accusation of violating Sections 5 or 6 of the
PNDT Act.
The burden of proving a violation of Sections
5 or 6 does not fall on the prosecution in a case
based on allegations of a shortcoming or error in
21. A – Application for registration / renewal of
G.C.C. / G.C. / G.L. /U.C / Imaging centre
B – Certificate of registration
C – Form of rejection of application for grant /
renewal of registration
D – Form for maintenance of record by genetic
counselling centres
E – Form of maintenance of records by G.L.
F – Form of maintenance of record in case of a
pregnant women by U.C. / G.C. / Imaging centre
G – Form of consent
H – Form for maintenance of permanent record
22.
23. • In a comprehensive view of gender inequality, it
is also important to include the serious crime of
killing female foetuses. The fervently upheld
mistreatment of women, the use of violence, the
denial of economic prospects, and the complete
silence of their voices, even on such a private
and important subject as rearing their own
families, all reveal deeply ingrained patriarchal
24. dead ends. They must be recognised, named,
and dealt with. The cruelty and avarice of the
medical profession’s members in such activities
and degrading practices must not be tolerated
by professional organisations like the Indian
Medical Association. For the PNDT Act to be a
fundamental transformation, emphasis must also
be placed on sufficient education, lobbying,
publicity, and commitment to saving female
25. situations where doctors are not involved
directly. If they have specific information, their
vigilance in reporting such acts to competent
authorities can certainly help. The creation of a
creative legal engagement plan as a method of
mobilisation and opposition is ultimately what is
required.
26. The level of PCPNDT Act knowledge fell
short of expectations. Women’s attitudes
towards the sex of children and societal factors
that favour male offspring are still ingrained in
society. It is imperative that the media, social
workers, and medical personnel take an active
role in educating the public and changing
27. The most prevalent goals of the pre-
conception and pre-natal diagnostic procedures
Act of 1994 are to monitor female foeticide and
prevent it from occurring. After being put into
effect, its effectiveness is clear
A good indicator is that the PCPNDT Act’s
sex ratio has risen to 108.18 men for every 100
females, or 947 females for every 1000 males,
and is increasing at an estimated annual rate of
28. foeticide in rural India, the government has
introduced several programmes to combat it and
promote the welfare of girls. in order for people
in rural India to stop these activities. The
“Mukhbir Yojna” is one such plan. A person who
notifies the government department of any
doctor or other medical personnel engaging in
the practice of sex determination or female
foeticide would receive a reward of 2 lakh
29. At last, it can be seen that the medical and
health law regarding protecting the female
foetus has resulted in some changes, but the
medical fraternity needs to be protected at the
same time from these minor offences. For this
reason, the right to operate a clinic, hospital, or
nursing home with all of these regulations that
are in harmony with the responsibilities of
doctors and medical ethics needs to be properly
