As demanded by the Indian Medical Association (IMA), the Union Health Ministry has proposed offence-specific punishment for those violating provisions of the Pre-conception and Pre-natal Diagnostic Techniques Act (PCPNDT) Act.
The move aims to ensure effective implementation of the PCPNDT Act to curb the unethical and criminal practice of sex selection without creating practical problems to medical doctors.
At present, the quantum of punishment for any violation under the Act (PCPNDT) is the same. But the new proposals, which are subject to the approval of the Central Supervisory Board and then Parliament, categorises offence as major and minor besides making the law stringent for manufacturers of ultrasound machines.
Misuse of ultrasound machines for sex determination is being held responsible for the sharp increase in the adverse sex ratio in the country. The emergence and spread of sex determination clinics in the name of conducting diagnostics tests is just worsening the situation.
However, with doctors and radiologists demanding that they were being harassed even when they were not involved in the crime, an expert panel set up by the Central Supervisory Board reviewed the Act recently, said a senior health official.
For those found indulged in or assist sex determination selection, the panel has proposed three years imprisonment and increased the fine from current rupee ten thousand to rupee fifty thousand while in case of conviction the imprisonment shall not be less than five years while fine will be extended to one lakh rupees.
Those not following rules such as "wearing apron with proper name plate while performing diagnostic procedure," or "put up a sign-board disclaiming sex selection at a prominent place in the clinic" and "copy of PNDT Act always present in the clinic," shall be punished with a fine not less than one thousand rupees and Rs500 for everyday if violation continues.
The Act proposes to make the manufacturers of ultrasound machine manufacturers to submit the sales report
regularly. The move aimed to increase the accountability on the part of manufacturers. The suggestion had come from the representatives from West Bengal. Accordingly, an additional provision of (3) B in Section 26 has been made.
Accordingly, the companies found violating the provisions under the Act. "It should be liable to a punishment of not less than three years and a fine not less than 25 lakhs. Also, if it fails or refuse to provide sales details of the machine and other imaging equipments, it will be slapped with a fine of not less than Rs5 lakhs and in case it continues to do so will have to shell out Rs5,000 per day during which such contravention continues," as per the proposed amendment.
"The panel will submit the recommendations before the CSB and if approved will be sent to Parliament for its final approval," the official said.