Revoke Suspension of PCPNDT Rules: AIDWA

Fearing misuse of the suspension of Pre-Conception and Pre-Natal Diagnostic Techniques Act (PCPNDT Act) rules in order to determine sex of the fetus, All India Democratic Women’s Association (AIDWA) has demanded withdrawal of the order by the Department of Health and Famil Welfare.

A statement issued by AIDWA in this regard said, “This suspension goes against the main purpose of the Act to stop sex selection by means of certain basic and vital compliances that genetic labs and clinics etc have to follow in keeping records and submitting these for scrutiny to the appropriate authority and for re- registration.”

While it acknowledges that the move has come “ostensibly due to the Coronavirus pandemic”, it said, “The suspension of the PcPNDT Rules could be misused by unscrupulous sections to conduct sex determination tests freely.The Central Government has suspended these rules till 30th June. But there have been continuous attempts in the recent past to weaken the Act. We fear that this can easily be extended by the Central Government on some pretext.”

Read the full statement below: 

AIDWA Demands Withdrawal of the Order on Suspension of PcPNDT Rules

AIDWA strongly opposes the unjustified move of the Department of Health and Family Welfare suspending rules 8,9 (8) and Rule 18A under the PcPNDT Act, ostensibly due to the Coronavirus pandemic. This suspension goes against the main purpose of the Act to stop sex selection by means of certain basic and vital compliances that genetic labs and clinics etc have to follow in keeping records and submitting these for scrutiny to the appropriate authority and for re- registration. AIDWA states that this retrograde step goes against the principles and law of delegated legislation which only allows the Centre to modify rules and then place it before parliament for scrutiny.

Rule 8 deals with the application for re-registration of a genetic lab and clinic including an ultrasound lab by the AA (Appropriate Authority).The AA after enquiry and examining whether the clinic etc has been complying with the PcPNDT Act and rules,can renew the registration for 5 years.The suspension of this rule throughout the country would mean that clinics and genetic labs can carry on functioning without any scrutiny.

Rule 9(8) states that each genetic or ultra sound clinic or imaging centre etc shall send a complete report of allpre-conception and pregnancy-related procedures conducted by them to the AA every month.It is not understandable why this rule has been suspended and why the clinics etc should not send a complete record of pregnancy-related procedures,if any, carried out by them.This is the only scrutiny that these labs are subjected to,to assess their adherence to the basic rules and to ensure that sex selection is not being carried out by them. The PcPNDT Act mandates the keeping of such a register. If it was felt that the labs/clinics would not be able to send their reports in time, it should have been made clear to the genetic labs etc. that the reporting procedure has still to be complied with after condoning a certain delay.Similarly Section 18A not only requires the AA to send quarterly reports to the Government but also to maintain full information of all the registrations in the specified Form H. Why should this rule have been arbitrarily suspended?

The suspension of the PcPNDT Rules could be misused by unscrupulous sections to conduct sex determination tests freely. The Central Government has suspended these rules till 30th June. But there have been continuous attempts in the recent past to weaken the Act. We fear that this can easily be extended by the Central Government on some pretext.AIDWA demands that the suspensions be revoked by the Central Government to stop the dilution of the act in any manner.