ammendments

8/2/2019 ammendments

1/38


2/38

4/21/12

The act

Provided for the prohibition of sexselection, before or after conception,and

For regulation of prenatal diagnostictechniques for the purposes ofdetecting genetic abnormalities or

metabolic disorders or chromosomalabnormalities or certain congenitalmalformations or sex-linked

disorders and


3/38

4/21/12

conceptus means any product ofconception at any stage ofdevelopment from fertilization until

birth including extra embryonicmembranes as well as the embryo orfoetus

embryo means a developing humanorganism after fertilization till the endof eight weeks (fifty-six days)


4/38

4/21/12

foetus means a human organismduring the period of its developmentbeginning on the fifty seventh(57th)

day following fertilization or creation(excluding any time in which itsdevelopment has been suspended)

and ending at the birth.


5/38

4/21/12

Genetic Clinic

1994 means a clinic,institute, hospital,nursing home or

any place, bywhatever namecalled, which is

used forconducting pre-natal diagnosticprocedures.

2003 includes avehicle, whereultrasound

machine orimagingmachine or

scanner or otherequipmentcapable ofdetermining sex

of the foetus or a


6/38

4/21/12

Genetic Laboratory

1994means alaboratory andincludes a place

where facilities areprovided for

conducting

analysis or testsof samplesreceived from

Genetic Clinic for-

2003 Explanation- Forthe purposes ofthis clause,

GeneticLaboratoryincludes a place

whereultrasoundmachine orimaging

machine or


7/38

4/21/12

pre-natal diagnosticprocedures

1994 all gynecologicalor obstetrical ormedical

procedures suchasultrasonography

foetoscopy,taking orremovingsamples of

amniotic fluid,

2003 allgynaecologicalor obstetrical or

medicalprocedures suchas

ultrasonography,foetoscopy,taking orremoving

samples of


8/38

4/21/12

pre-natal diagnostic test

1994 " meansultrasonographyor any test or

analysis ofamniotic fluid,chorionic villi,

blood or anytissue of apregnant womanconducted to

detect genetic or

2003 meansultrasonographyor any test or

analysis ofamniotic fluid,chorionic villi,

blood or anytissue or fluid ofa pregnantwoman or

conceptus


9/38

4/21/12

Sex selection

Sex selection includes:

Procedure

Technique Test

Administration

Prescription

Provision

of anything for the purpose of


10/38

4/21/12

Sonologist /imagingspecialist

A person who possesses

Any one of the medical qualifications

recognized under the Indian MedicalCouncil Act, 1956 or

A postgraduate qualification in

ultrasonography or imagingtechniques or radiology


11/38

4/21/12

Chapter two

Prohibition of sex-selection- Noperson, including a specialist ora team of specialists in the field

ofinfertility, shall conduct or causeto be conducted or aid in conductingby himself or by any other person,

sex selection on a woman or a manor on both or on any tissue, embryo,conceptus, fluid or gametes derivedfrom either or both of them.


12/38

4/21/12

Prohibition on sale of ultrasoundmachines, etc., to persons,laboratories, clinics, etc. not

registered under the Act.- No personshall sell any ultrasound machine orimaging machine or scanneror any

other equipment capable ofdetecting sex of foetus to anyGenetic Counselling Centre, GeneticLaboratory, Genetic Clinic or anyother person not registered under


13/38

4/21/12

Chapter two

1994 no GeneticCounsellingCentre, Genetic

Laboratory orGenetic Clinicshall employ or

cause to beemployed anyperson who doesnot possess the

prescribed

2003 no GeneticCounsellingCentre or

GeneticLaboratory orGenetic Clinic

shall employ orcause to beemployed ortake services

of any person,


14/38

4/21/12

Chapter three

1994 no pre-nataldiagnostictechniques shall

be used orconductedunless the

person qualifiedto do so issatisfied thatany of the

following

2003 no pre-nataldiagnostictechniques shall

be used orconductedunless the

person qualifiedto do so issatisfied forreasons to be

recorded in


15/38

4/21/12

1994 the pregnantwoman has afamily history of

mentalretardation orphysical

deformities suchas spasticity orany othergenetic disease

2003 the pregnantwoman or herspouse has a

family history ofmentalretardation or

physicaldeformities suchas, spasticity orany other

genetic disease


16/38

4/21/12

Provided that the person conductingultrasonography on a pregnantwoman shall keep complete record

thereof in the clinic in such manner,as may be prescribed, and

any deficiency or inaccuracy found

therein shall amount tocontravention of provisions of section5 or section 6 unless contrary is

proved by the person conducting


17/38

4/21/12

1994 no person,being a relativeor the husband

of the pregnantwoman shallseek or

encourage theconduct of anypre-nataldiagnostic

techniques on

2003 no personincluding arelative or

husband of thepregnant womanshall seek or

encourage theconduct of anypre-nataldiagnostic

techniques on


18/38

4/21/12

no person including a relative orhusband of a woman shall seek orencourage the conduct of any sex-

selection technique on her or him orboth.


19/38

4/21/12

1994 No personconducting pre-natal diagnostic

procedures shallcommunicate tothe pregnant

womanconcerned or herrelatives the sexof the foetus by

words, signs or

2003 No personincluding theperson

conducting pre-natal diagnosticprocedures shall

communicate tothe pregnantwomanconcerned or her

relatives or any


20/38

4/21/12

Determination of sexprohibited

no person shall, by whatever means,cause or allow to be caused selectionof sex before or after conception.


21/38

4/21/12

CENTRAL SUPERVISORY

BOARD


22/38

4/21/12

1994 Two membersto be appointedby the Central

Government torepresent theMinistries of

CentralGovernment incharge ofWoman and

Child

2003 Threemembers to beappointed by the

CentralGovernment torepresent the

Ministries ofCentralGovernment incharge of

Women and


23/38

4/21/12

eminentgynaecologistand obstetrician

eminentgynaecologistand obstetrician

or expert ofstri-roga or

prasuti-tantra;


24/38

4/21/12

Disqualifications forappointment as member

Has , in theopinion of theCentral

Government,been associatedwith the use or

promotion ofpre-nataldiagnostictechnique for

determination of

Has , in theopinion of theCentral

Government,been associatedwith the use or

promotion ofpre-nataldiagnostictechnique for

determination of


25/38

4/21/12

Eligibility of member forreappointment

Provided that no member other thanan ex-officio member shall beappointed for more than two

consecutive terms.


26/38

4/21/12

Functions of the Board.


27/38

4/21/12

1994 to advise theGovernment onpolicy matters

relating to use ofpre-nataldiagnostic

techniques;

2003 to advise theCentralGovernment on

policy mattersrelating to use ofpre-natal

diagnostictechniques, sexselectiontechniques and

against their


28/38

4/21/12

1994 to reviewimplementationof the Act and

the rules madethereunder andrecommend

changes in thesaid Act andrules to theCentral

Government

2003 to review andmonitorimplementation

of the Act andrules madethereunder and

recommend to the Central

Government

changes in the


29/38

4/21/12

1994 to create publicawarenessagainst the

practice of pre-nataldetermination of

sex and femalefoeticide;

2003 to create publicawarenessagainst the

practice of pre-conception sexselection and

prenataldetermination ofsex of foetusleading to

female foeticide;


30/38

4/21/12

To oversee the performance ofvarious bodies constituted under theAct and take appropriate steps to

ensure its proper and effectiveimplementation

Constitution of State


31/38

4/21/12

Constitution of StateSupervisory Board and

Union territorySupervisory Board

a e uperv sory oar or


32/38

4/21/12

a e uperv sory oar orthe Union territory

Supervisory BoardEach State and Union territory

having Legislature shall constitute a

Board. Functions :-i) To create public awareness

ii) To review the activities of the

Appropriate Authorities functioning inthe State and recommend appropriateaction against them;

iii) To monitor the implementation of


33/38

4/21/12

The State Board1.

Minister in charge of Health and Family Welfare inthe State, who shall be the Chairperson, ex-officio

1. Secretary in charge of the Department of Healthand Family Welfare who shall be the Vice-

Chairperson, ex-officio1. Secretaries or Commissioners in charge of

Departments of Women and Child Development,Social Welfare, Law and Indian System of

Medicines and Homoeopathy, ex-officio, or theirrepresentatives

2. Director of Health and Family Welfare or IndianSystem of Medicines and Homoeopathy of the

State Government, ex-officio


34/38

4/21/12

5. Three women members ofLegislative Assembly or LegislativeCouncil

6. Ten members to be appointed bythe State Government out of whichtwo each shall be from the following

categories:

i) eminent social scientists andlegal experts

Ii eminent women activists from


35/38

4/21/12

The State Board shall meet at leastonce in 4 months.

The term of office of a member,other than an ex-officio member,shall be 3 years.

If a vacancy occurs in the office ofany member other than an ex-officiomember, it shall be filled by makingfresh appointment.


36/38

4/21/12

If a member of the LegislativeAssembly or member of theLegislative Council who is a member

of the State Board, becomes Ministeror Speaker or Deputy Speaker of theLegislative Assembly or Chairperson

or Deputy Chairperson of theLegislative Council, she shall ceaseto be a member of the State Board.

One-third of the total number of


37/38

4/21/12

The State Board may co-opt amember as and when required,provided that the number of coopted

members does not exceed one-thirdof the total strength of the StateBoard.

The co-opted members shall havethe same powers and functions asother members, except the right to

vote and shall abide by the rules and


38/38

4/21/12

THANK YOU

TO BE CONTINUED

ammendments

Documents

Transcript of ammendments