IMA Chhatrapati Sambhajinagar opposes proposal to enforce MCOCA for PCPNDT Violations

In a memorandum submitted to Public Health Minister Prakash Abitkar, the association stated the proposal has generated widespread concern and unease among members of the medical community because MCOCA is a stringent Indian law designed to combat organized crime syndicates, and considering irregularities under the PCPNDT Act as similar to organized crime is not justified. The PCPNDT Act was enacted to stop female foeticide and maintain the balance of the child sex ratio, reports The Daily.  

MCOCA was originally enacted to tackle criminal gangs involved in extortion, mafia, and serious criminal networks. Applying such a draconian law to medical professionals creates a severe imbalance between the nature of the offence and punishment," said Dr Anupam Takalkar, president of the IMA Chhatrapati Sambhajinagar chapter.

Speaking to the Times of India, Minister Abitkar said that different stakeholders, including doctors, will be duel consulted before the proposal is finalised. "Illegal sex selective abortion is a very grave threat to our society. We have witnessed syndicates involving doctors in such illegal acts. The stern action in the form of invoking MCOCA will help in serving as a strong deterrent," he stated.

During a recent review meeting, Minister Abitkar has instructed the law and judiciary department to check if the MCOCA provision could be applied in cases of sex determination rackets operating in a group, in a systematic way. However, the IMA argued that sometimes the PCPNDT Act is violated by medical professionals due to technical problems or lapses in procedures and documentation, and they are not motivated by an unethical and intentional attempt to determine sex. "In many cases, clerical deficiencies in ‘Form F' are treated as criminal offences. Bringing such lapses under the ambit of organised crime laws is inconsistent with the principle of proportionality in criminal jurisprudence, which dictates that punishment must match the seriousness of the offence," Dr Takalkar added.

The association further warned that any excessive and punitive measures to enforce the law could create ‘defensive medicine,’ where obstetric ultrasound services might get suspended altogether, as doctors will not be willing to take any legal risks. The association pointed out that such a move could greatly limit access to important prenatal diagnostic facilities, especially in rural and semi-urban regions, thereby adversely affecting maternal and fetal care.

Doctors have appealed to the government to clearly differentiate between organised illegal sex-determination activities and minor procedural lapses. The IMA further stated that successful public health policy depends on cooperation and trust, urging the authorities to view doctors as collaborators in healthcare delivery rather than treating them as suspected wrongdoers.