This is the presentation on the whole act.

1. Diagnostic Techniques Act, 1994
-Presented by Sanket Dongre

2. Diagnostic Techniques Act, 1994
Objective- The main purpose of enacting the act is to ban the
use of sex selection techniques after conception and prevent the
misuse of prenatal diagnostic technique for sex selective
abortions.
The Act was enacted by parliament on dated 28th September
1994 and this act is also called as Pre-Conception and pre-Natal
diagnostic act(PCPNDT act in short)
The act divided into seven chapters.

3. CHAPTER I- PRELIMINARY
CHAPTER II- REGULATION OF GENETIC COUNSELLING CENTRES, GENETIC
LABORATORIES AND GENETIC CLINICS.
CHAPTER III- REGULATION OF PRE-NATAL DIAGNOSTIC TECHNIQUES.
CHAPTER IV- CENTRAL SUPERVISORY BOARD.
CHAPTER V- APPROPRIATE AUTHORITY AND ADVISORY COMMITTEE.
CHAPTER VI- REGISTRATION OF GENETIC COUNSELLING CENTRES, GENETIC
LABORATORIES AND GENETIC CLINICS.
CHAPTER VII- OFFENCES AND PENALTIES.
CHAPTER VIII- MISCELLANEOUS.

4. The important section are as under-
CHAPTER I- PRELIMINARY
It deals with the Short title, extent, commencement and definition which are
used the act.
CHAPTER II- REGULATION OF GENETIC COUNSELLING CENTRES, GENETIC
LABORATORIES AND GENETIC CLINICS.
Section 3 of the PNDT Act of 1994 talks about the Regulation of Genetic Counseling Centers,
Genetic Laboratories and Genetic Clinics , stating that: (1) No Genetic Counseling Centre,
Genetic Laboratory or Genetic Clinic unless registered under dis Act, shall conduct or associate
with, or help in, conducting activities relating to pre-natal diagnostic techniques;
(2) They shall not employ any person who does not possess the prescribed qualifications;
(3) No medical geneticist, gynecologist, pediatrician, registered medical practitioner or any other
person shall conduct or cause to be conducted or aid in conducting by himself or through any
other person, any pre-natal diagnostic techniques at a place other than a place registered under
dis Act.

5. CHAPTER III- REGULATION OF PRE-NATAL DIAGNOSTIC TECHNIQUES.
Section 4 of the PNDT Act of 1994 talks about Regulation of pre-natal diagnostic techniques:
(1) No place including a registered Genetic Counseling Centre or Genetic Laboratory or Genetic
Clinic shall be used or caused to be used by any person for conducting pre-natal diagnostic
techniques except for the purposes mentioned above. (2) No pre-natal diagnostic techniques
shall be conducted except for the purposes of detection of any of the following abnormalities,
namely, chromosomal abnormalities, genetic metabolic diseases, haemoglobinopathies, sex-
linked genetic diseases, congenital anomalies, any other abnormalities or diseases as may be
specified by the Central Supervisory Board; (3) No PNDT shall be used or conducted unless the
person qualified to do so is satisfied that any of the following conditions are fulfilled, namely that
(i) age of the pregnant woman is above thirty-five years (ii) the pregnant woman has undergone
of two or more spontaneous abortions or fetal loss (iii) the pregnant woman had been exposed
to potentially teratogenic agents such as drugs, radiation, infection or chemicals (iv) the
pregnant woman has a family history of mental retardation or physical deformities such as
spasticity or any other genetic disease (v) any other condition as may be specified by the
Central Supervisory Board;

6. Section 5 of the PNDT Act of 1994 talks about the Written Consent of Pregnant Woman and
Prohibition of Communicating the Sex of Fetus. (1) No person referred to in clause (2) of section 3
shall conduct the pre-natal diagnostic procedures unless (a) he has explained all known side and
after effects of such procedures to the pregnant woman concerned; (b) he has obtained in the
prescribed form her written consent to undergo such procedures in the language which she
understands; and (c) a copy of her written consent is given to the pregnant woman.
(2) No person conducting PNDT procedures shall communicate to the pregnant woman concerned
or her relatives the sex of the fetus by words, signs or in any other manner.
Section 6 of the PNDT Act of 1994 prohibits the determination of sex, stating that no Genetic
Counselling Centre or Genetic Laboratory or Genetic Clinic, or no person shall conduct or cause to
be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including
ultrasonography, for the purpose of determining the sex of a fetus.

7. Section 7 Constitution of Central Supervisory Board (a) the Minister in charge of
the Ministry or Department of Family Welfare, who shall be the Chairman, ex-
officio; (b) the Secretary to the Government of India in charge of the Department
of Family Welfare, who shall be the Vice-Chairman, ex-officio; (c) three members
to be appointed by the Central Government to represent the Ministries of Central
Government 1 Person - Women and Child Development, 1 Person - Department of
Legal Affairs or Legislative Department in the Ministry of Law and Justice, 1
Person - Indian System of Medicine and Homoeopathy, ex-officio; (d) the Director
General of Health Services of the Central Government, ex-officio (e) ten members
to be appointed by the Central Government, two each from amongst— (i) eminent
medical geneticists; (ii) eminent gynecologist and obstetrician or expert of stri-
roga or prasuti-tantra; (iii) eminent pediatricians; (iv) eminent social scientists;
and (v) representatives of women welfare organist three women Members of
Parliament, 1 from Council of States and 2 from House of People. four members to
be appointed by the Central Government by rotation to represent the States and
the Union territories. an officer, not below the rank of a Joint Secretary or
equivalent of the Central Government, in charge of Family Welfare, who shall be
the Member-Secretary, ex-officio.

8. CHAPTER IV- CENTRAL SUPERVISORY BOARD.
Section 16 of the PNDT Act of 1994, talks about the functions of the Board, which shall consist of
important dignitaries of the government as well as special doctors. The Board shall has the following
functions, namely (me) to advise the Government on policy matters relating to use of pre-natal
diagnostic techniques (ii) to review implementation of the Act and the rules made there under and
recommend changes in the said Act and rules to the Central Government (iii) to create public
awareness against the practice of pre natal determination of sex and female feticide (iv)to lay down
code of conduct to be observed by persons working at Genetic Counselling Centers, Genetic
Laboratories and Genetic Clinics (v)any other functions as may be specified under the Act.

9. CHAPTER VI- REGISTRATION OF GENETIC COUNSELLING CENTRES, GENETIC
LABORATORIES AND GENETIC CLINICS.
Section 18 of the PNDT Act of 1994, talks about the provisions of Registration of Genetic
Counselling Centers, Genetic Laboratories or Genetic Clinics. One of the main provisions of this
section says that no person shall open any Genetic Counselling Centre, Genetic Laboratory or
Genetic Clinic after the commencement of this Act unless such Centre, Laboratory or Clinic is duly
registered separately or jointly under this Act. Every Genetic Counselling Centre, Genetic Laboratory
or Genetic Clinic engaged, either partly or exclusively, in counselling or conducting pre-natal
diagnostic techniques for any of the purposes mentioned in section 4, immediately before the
commencement of this Act, shall apply for registration within sixty days from the that of such
commencement. Again, no Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall
be registered under this Act unless the Appropriate Authority is satisfied that such Centre,
Laboratory or Clinic is in a position to provide such facilities, maintain such equipment and
standards as may be prescribed.

10. Section 19 of the PNDT Act of 1994 states that the Certificate Of Registration shall be done by the
appropriate authority after holding an inquiry and after satisfying itself that the applicant has
complied with all the requirements of dis Act and the rules made thereunder and having regard to the
advice of the Advisory Committee in dis behalf, grant a certificate of registration in the prescribed
form jointly or separately to the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, as
the case may be. Secondly, if after the inquiry and after giving an opportunity of being heard to the
applicant and having regard to the advice of the Advisory Committee, the Appropriate Authority is
satisfied that the applicant has not complied with the requirements of dis Act or the rules, it shall, for
reasons to be recorded in writing, reject the application for registration.

11. Section 20 of the PNDT Act of 1994 gives emphasis on Cancellation or Suspension of Registration
whereby:- (1) the Appropriate Authority may suo moto, or on complaint, issue a notice to the Genetic
Counselling Centre, Genetic Laboratory or Genetic Clinic to show cause why its registration should
not be suspended or cancelled for the reasons mentioned in the notice. (2) If, after giving a
reasonable opportunity of being heard to the Genetic Counselling Centre, Genetic Laboratory or
Genetic Clinic and having regard to the advice of the Advisory Committee, the Appropriate Authority
is satisfied that there has been a breach of the provisions of dis Act or the rules, it may, without
prejudice to any criminal action that it may take against such Centre, Laboratory or Clinic, suspend
its registration for such period as it may think fit or cancel its registration, as the case may be. (3)
Notwithstanding anything contained in sub-sections (1) and (2), if the Appropriate Authority is, of the
opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be
recorded in writing, suspend the registration of any Genetic Counselling Centre, Genetic Laboratory
or Genetic Clinic without issuing any such notice referred to in sub-section (1).

12. Section 21 of the PNDT Act of 1994 provides for provisions of Appeal, thus stating that the
Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic may, within thirty days
from the thate of receipt of the order of suspension or cancellation of registration passed by
the Appropriate Authority under section 20, prefer an appeal against such order to either
the Central government or the State government.
CHAPTER VII- OFFENCES AND PENALTIES.
Section 22 of the PNDT Act of 1994 states that the following persons are Prohibited of
advertisement relating to pre-natal determination of sex and punishment for contravention:
(1) No person, organization, Genetic Counselling Centre, Genetic Laboratory or Genetic
Clinic shall issue or cause to be issued any advertisement in any manner regarding
facilities of pre-natal determination of sex available at such Centre, Laboratory, Clinic or
any other place. (2) No person or organization shall publish or distribute or cause to be
published or distributed any advertisement in any manner regarding facilities of pre-natal
determination of sex available at any Genetic Counselling Centre, Genetic Laboratory,
Genetic Clinic or any other place. (3) Any person who contravenes the provisions of sub-
section (1) or sub-section (2) shall be punishable wif imprisonment for a term which may
extend to three years and wif fine which may extend to ten thousand rupees.

13. Section 27 of the PNDT Act of 1994 states that all offence under dis act shall be cognizable, non-
bailable and non-compoundable.
Section 28 of the PNDT Act of 1994 talks about the Jurisdiction of the Court. Subsection 1 to dis
section says that no court shall take cognizance of an offence under dis Act except, on a complaint
made by—(a) the Appropriate Authority concerned, or any officer authorized in dis behalf by the
Central Government or State Government, as the case may be, or the Appropriate Authority or, (b) a
person who has given notice of not less than thirty days in the manner prescribed, to the Appropriate
Authority, of the alleged offence and of his intention to make a complaint to the court.

14. Mr. Vijay Sharma and Others vs. Union
of
India, 2005
In this Writ Petition filed under Article 226 of the Constitution of India, challenging
the constitutional validity of the Act on the ground that they violate the principles of
‘equality before law’, enshrined in Article 14 of the Constitution of India.
The Petitioners were a married couple with two female children and were desirous
of
having a male child, so that they could enjoy the love and affection of both sons
and
daughters and their daughters could enjoy the company of their own brother while
growing up. It was contended by them that provisions of the Act should not be
made applicable
without distinction. According to them, couples who already have children of one
sex
should be allowed to make use of the diagnostic techniques at pre-conception
stage to have a child of the opposite sex. It would help to balance their family and
in fact lead to the ideal ratio of females to males.
It was further argued that under the provisions of the Medical Termination of
Pregnancy
Act, 1972 (MTP Act) the termination of pregnancy is allowed under certain

15. The Hon’ble Judges of the High Court, after elaborately dealing with the
Object, Reasons and Provisions of the Act, held that there can be no
comparison between the MTP Act and the PCPNDT Act as the object of both
the Acts is different and both the Acts operate in different fields. Hence,
acceptance of the submissions of the Petitioners would frustrate the object of
the PCPNDT Act.
It was held that anguish of a mother who does not want to bear a child of a
particular sex cannot be equated with a mother who wants to terminate the
pregnancy not because of the sex of child but for other reasons. Thus by the
process of comparative study, the High Court held that provisions of the
PCPNDT Act cannot be called discriminatory and hence violative of Article 14
of the Constitution.

16. Conclusion-
Female feticide is a growing problem in the Indian context, and this act harps on the legal interventions
to curb this social evil which has taken a detrimental turn in out socio-political milieu of the country.
Procedures such as amniocentesis, CVs and all other tests for detection of genetic abnormalities can
be banned. This is based on the principle that their should be no discrimination against a child (before
or after it is born) on account of any disability, or on the basis of narrow and traditional patriarchal
values and norms. Under article 2 of the Convention on the Rights of the Child, a disabled child has as
much of a right to be born as a normal child does. This policy will take care of the problem of female
feticide as well. If no detection of genetic abnormalities is allowed, the government will easily be in a
position to control sex determination tests.