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STOP Harassment of Obstetricians, Radiologists: IMA demands review, repeal, re-conception of PCPNDT


STOP Harassment of Obstetricians, Radiologists: IMA demands review, repeal, re-conception of PCPNDT

New Delhi: Responding to the Supreme Court judgment on the penal provisions of the PCPNDT Act, the IMA has demanded the review of the entire act calling it a source of harassment to doctors.

Medical Dialogues had earlier reported that non-maintenance/Incomplete Form F under the PC-PNDT Act would continue to attract strong penal provisions including suspension and criminal cases as the Supreme court in a thorough judgement refused to water down the relevant provisions of the act stating that Complete contents of Form ‘F’ are held to be mandatory

The court rejected the writ petition has been filed by the Federation of Obstetrics and Gynaecological Societies of India (FOGSI) that highlighted the issues and problems affecting the practice of obstetricians and gynaecologists across the country under the Pre­conception and Pre­natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

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Read Also: NO Form F relief: Supreme Court rejects FOGSI Petition, Upholds penal provisions for Mistakes in Records

Responding to the judgment, the IMA has demanded a major overhaul of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, saying the legislation in its present form has led to “harassment” of obstetricians and radiologists and has “miserably failed” in restoring the sex ratio of the country.

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The Indian Medical Association (IMA) demand came after the Supreme Court upheld the constitutional validity of Sections 23(1) and 23(2) of the act.

Section 23(1) of the Act calls for criminal punishment for violations under the Act (imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which may extend to five years and with fine which may extend to fifty thousand rupees.

Section 23(2) of the Act empowers the State Medical Council to suspend the registration of any doctor indefinitely, who is reported by the Appropriate Authority for necessary action, during the pendency of trial.

The main purpose of enacting the PCPNDT Act was to stop misuse of sex selection techniques and prevent female foeticides.

“IMA demands a reconception and nothing short of this is acceptable to the medical profession. This is a black law and has miserably failed in achieving its objective in the 24 years of its dubious existence.

“The layman’s approach of the ill-conceived legislation has only resulted in unending harassment of every single practising obstetrician and radiologist in the country. The sex ratio of the country has in fact deteriorated…,” IMA president Santanu Sen said.

According to the IMA, no movement for the girl child can succeed without the partnership and wholehearted support of the medical profession.

“It is completely unacceptable to presume that every obstetrician and radiologist is culpable of sex selection and female foeticide and singling out the ultrasound machines and the doctors as a source of evil by the law. Culpability of the involved couple and the family should be brought under the majesty of the law as well,” said R V Asokan, secretary general of IMA.

“Time has come to review the effectiveness of the law in addressing the issue. To repeal the current law and re-conceive one with equal responsibility and participation of everyone concerned will be the right way to go. The medical profession reserves the right to withdraw appropriate services and resist all the harassments and injustice inflicted on it,” Sen added.

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Source: with inputs

12 comment(s) on STOP Harassment of Obstetricians, Radiologists: IMA demands review, repeal, re-conception of PCPNDT

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  1. Very smart ,intelligent ,necessary and honest move by IMA…..👍 ..Time to modify act as is is not helping in lowering sex ratio.equal infact greater responsibility should be shared by patient herself..N touts..Govt.personal also know very well sites of such detection..But not take action due to underlying curruption.

  2. This Act hasnt been useful since beginning it has only brought harassment to the radiologist , gynaecologist whomsoever is doing anti natal ultrasounds. Not filling form f properly attracts 3 years imprisonment . Common what an absurd law. If all doctors unite together they can really bring an amendment to this act . This would bring utmost relief to all sonologists. The Doctor is being made a scapegoat for no fault of his/hers. If a patient is about to deliver and the doctor finds some complication and wants to do a usg so first fill in form -f and then perform the scan.totally ridiculous. Proper Implementation is required . Social Awareness is necessary. Educating the family is necessary. Girls and boys are equal there should not be any differences between the two. Here only the doctor is held responsible . Those ( family) seeking the gender should be arrested first rather than the Doctor.

  3. user
    kusuma kumar kota May 8, 2019, 7:30 pm

    I think the census in 2021 will give the proof for uselessness of the PC PNDT act. If in somany years this act could not change or improve the sexratio, government should start thinking that something is wrong in planning this act. Probably, the whole concentration is on wrong group.

    In the case of tobacco smoking, for instance, the government is warning the consumer about the health hazards not the manufacturer / provider and never opposes the manufacturers though smoking is proved beyond doubt to be killing many who take it voluntarily and many other who are passive victims.
    Governments provide special provisions for farmers and the factories for tobacco production – in large scale.

    Here as Radiologists, majority of us just deny sex determination be it any pressure. Still we are convicted for clerical mistakes.
    Radiologists never do procedures like MTP or D&C. Gynecologists are doing first trimester scans in majority of places. Above all, pregnant mothers are being brought by the relatives for scan or for MTP.
    They know they are going to kill a fetus be it male or female (Until it is revealed). They have come with criminal intention.
    If a female foeticide is detected, the relatives or even the patient should be held responsible. They should be punished and defamed. They should be exhibited in the media and the social media. That brings awareness and a fear will be initiated in those who come for female feticide that female child is lot better than jail or punishment.

  4. user
    DR PANKAJ SHARMA May 8, 2019, 2:40 pm

    Every early pregnancy shouldhas its registration at nearest government healthcare centre so that gpvernment can itself trace the lost cases without harassing the skilled treating person and also removing the timewasting outdated techniques

  5. Either stop doing antenatal USG all together or take time and charge as per time taken to do the study, check the forms and complete the report without errors .