IMA calls for urgent modification of PCPNDT Act

in the existing form of the Act, IMA said the rules need to be simplified and implemented uniformly across the country, and ad hoc changing of rules by each local authority should be strictly prohibited.

"New rules must be logical and should apply to the entire country only after due discussion with the representative bodies. Time should be given for implementation of the new rules.

"Also, the Act is to be directed only towards obstetric ultrasound and not any other applications of ultrasonography. The word 'offence' has to be clearly defined. The word should only mean the actual act of sex determination or female foeticide," Marthanda Pillai, the National President of IMA, said.

He further said all other clerical and administrative errors should be classified as non-compliance (and not an offence). Strict penalties can only be imposed for the actual act of sex determination or female foeticide and not for other errors.

"There is a need to redefine what amounts to sex determination as mere evidence of clerical error does not amount to sex determination. 'Imprisonment' rules should be for the offence (of sex determination or female feticide) and not for non-compliance," Aggarwal said.

"Inspections should be conducted yearly instead of every 90 days. No NGO can conduct 'raids' on doctors' premises and there should be no impediment to doctors doing their practice during inspections. Also, the doctors should have the right to report on those seeking sex determinations and action must be initiated against them immediately," he added.