The Aims of the PCPNDT

Female foeticide in India has been a very common practice since the early 1990s. To stop this, govt. India introduced the Preconception & Prenatal Diagnostic Techniques Act in 1994. This act aimed at controlling the declining ratio of females to males. To achieve this the government decided to stop prenatal diagnosis. This act was amended in 2003, prohibiting the new reproductive methods of offering prenatal diagnostic services such as IVF. The reason for the killing of a girl child diverses from the want of a male child due to pre-set social thinking to the unsafe environment of society for women. All such reasons led to female foeticide and further contributed to the industrialisation of the health sector.

History

The predetermination of sex started when the use of ultrasound became widely popular. The doctors and practitioners would determine the sex of the child during the ultrasound. Almost all Indian families prefer a male child, leading to sex-selective abortion and foetal sex determination. Preconception and a prenatal diagnosis soon grew into around 1,000 cr. Industry. The genetic counselling centres, genetic laboratories or genetic clinics need to be registered.

Aim 

The main objective of the Government of India in enacting this act was to prohibit the use of sex selection techniques before or after conception and prevent the misuse of prenatal diagnostic techniques for sex-selective abortion. 

To achieve this aim, any person or entity that contravenes the provision of this act shall be punishable with imprisonment for up to three years and with a fine of up to 10,000. On any subsequent conviction under this act, any person or entity can be imprisoned for up to five years and fined up to 50,000. 

To keep up with this objective, the government made an amendment to the Act in the year 2003. This amendment added ultrasound and pre-natal diagnostic techniques under its regulation. It also empowered the Central Supervisory Board with new responsibilities.

Exceptional Conditions

The act mentions some conditions where the prenatal diagnostics is not considered an offence under the preconception & prenatal diagnostic techniques act, which include:

Detection of

• Chromosomal abnormalities
• Genetic metabolic diseases
• Family history of diseases
• Sex-linked genetic diseases
• Congenital anomalies
• Any other abnormalities or diseases as may be specified by the Central supervisory board

Prenatal diagnostic techniques can be used if the person certified and conducting the test is satisfied with all the following conditions being fulfilled-

• The pregnant woman is aged thirty-five or above.
• The pregnant woman has undergone two or more spontaneous abortions
• The pregnant woman has been exposed to potentially teratogenic agents like drugs, radiation, infection or chemicals
• The pregnant woman has a family history of mental retardation or physical deformities, or any other such genetic diseases
• Any other condition as may be specified by the Central Supervisory Board
• No person, being a relative or husband of the pregnant woman, shall seek or encourage the conduct of any prenatal examination on her except for the purpose specified in section 5[2] of the PC-PNDT Act

Major Reasons for Female Foeticide

The Indian society follows a patriarchal structure which means they prefer a male child over a female child. The above mentioned are the main reason for conducting female foeticide, but it is not the only one. Other reasons include the dowry system followed in India, which puts the parents under pressure to provide for their girls. Apart from this, there is a steady increase in violence against women, making parents apprehensive of a girl child. 

Central Supervisory Board

The central supervisory Board is a Central government board that exercises its powers and advises, reviews implementation, creates public awareness, lays down a code of conduct, and any other functions specified under the preconception & prenatal diagnostic techniques act. 

State Supervisory Board and Union Territory Supervisory Board

It is an extension of the Central Supervisory Board with the duties of creating public awareness against sex select abortions and reviewing and monitoring activities of appropriate authority. It also performs the activity mentioned in the Act.  

Conclusion

It is a legal offence to go through female foeticide because this is an extended form of discrimination against women. Though the act has some loopholes, it has helped decline sex select abortions, which was the main aim of this act. After introducing new techniques of reproductions such as IVF, the act was amended, taking it under its umbrella and regulating sex selection conceiving from such techniques. For this act to be successful, many more campaigns must raise awareness against the illegal practice of pre-birth sex determination and sex select abortions.