New Delhi: A decision by the Centre to “weaken” a 24-year old law that prohibits fetal sex determination has angered section of doctors and women’s rights activists who fear that the proposed amendments will lead to aggravated skewed sex ratio in the country.
The Union ministry of health and family welfare, sources said, has agreed to make certain changes in the Pre Conception-Pre Natal Sex Determination act, 1994 that requires doctors to maintain detailed records of each pregnant woman on whom they conduct ultrasound records.
The move is reported to have come under pressure of the Indian Medical Association, the largest association of private doctors in India.
The government has now agreed to the two key demands by the IMA that there will be “graded punishments” in case of violations of the act and non-obstetric ultrasound centres will not require to be registered anywhere. The changes are likely to come within next 45 days.
Sabu M George, a women’s right activist who was instrumental in the framing of the PC-PNDT act said that the proposed changes undermine the effectiveness of law to prevent sex selection and eventually female foeticide.
“ Specifically the strong deterrent sections will be amended by bringing in graded punishments which will lead to conversion of criminal offences into technical deficiencies (clerical errors), he said.
“Also the government is now planning to make family members liable for filling forms rather than the performing doctor—which will completely shift the accountability.”
Neelam Singh, member of the central supervisory board on the act emphasized that in two recent judgments on PC-PNDT, the Supreme Court had rejected the IMA’s demands.
“In such a situation, it’s tragic that the health ministry has bowed down to the numerous pressure tactics of the IMA,” she said.
But IMA functionaries maintained that the law is being used to harass medical practitioners.
Ravi Wankhedkar, IMA president said the association has been asking the government to end “criminal prosecution of doctors for clerical errors and minor administrative lapses.”
“It is wrong to equate clerical errors in record keeping with sex determination”, he said.
Health and law-enforcement authorities have over the past decade secured over 380 convictions and suspended the licenses of 108 doctors for violations of the PC-PNDT Act, In Maharashtra alone, authorities have deregistered 50 doctors for five years and nine permanently.
A recent report by NITI Ayog had also expressed concern on falling sex ration at birth in the country. “The SRB is substantially lower in almost all Larger States - 17 out of 21 States have SRB of less than 950 females per 1000 males,” it had said.
“There is a clear need for States to effectively implement the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 and take appropriate measures to promote the value of the girl child”.