HC stresses need to amend PCPNDT Act
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COMMENTS 
Voicing concern over non-effective implementation of the law to prevent pre-natal sex determination, the Delhi High Court has suggested that the central government plug loopholes in the legislation
Concerned about loopholes in the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, the Delhi High Court has suggested that the central government amend the law in consultation with experts in the medical and education fields.
“The absence of clear rules and guidelines spelling out unambiguously the qualification, training and experience required for operating a diagnostic clinic offering ultrasound tests has resulted in unethical practices being adopted in many such clinics, in violation of the PCPNDT Act going unchecked,” said Justice S Muralidhar.
Weak definition of the term “sinologist” under the Act has resulted in the unregulated growth of diagnostic clinics, Justice Muralidhar said while adding that “to avoid any confusion, the requirements in terms of qualification, training and experience to recognise and register as a sonologist should be incorporated. In determining the criteria, the best available international practices should be adopted to suit the conditions”.
The court’s observations came while deciding the petitions of two doctors, K L Sehgal and Sonal Randhawa, whose registrations were cancelled by the Medical Council of India (MCI) for flouting provisions of the PCPNDT Act. Setting aside the MCI’s orders, the court said such cases underscore the need to plug loopholes in the Act so that innocent practitioners were not indicted.
Source: Press Trust of India, July 7, 2010
The Indian Express, July 7, 2010
DNA, July 7, 2010