Pre-Conception & Pre-Natal Diagnostic Technique Act, 1994 (PNDT Act
1994)
CHAPTER III
REGULATION OF PRE-NATAL DIAGNOSTIC TECHNIQUES
4. Regulation
of pre-natal diagnostic techniques.- On and from the commencement
of this Act,-
1. no place including
a registered Genetic Counselling Centre or Genetic Laboratory or Genetic
Clinic shall be used or caused to be used by any person for conducting
pre-natal diagnostic techniques except for the purposes specified in clause
(2) and after satisfying any of the condi-tions specified in clause (3);
2. no pre-natal
diagnostic techniques shall be conducted except for the purposes of detection
of any of the following abnormalities, namely:-
(i) chromosomal abnormalities;
(ii) genetic metabolic diseases;
(iii) haemoglobinopathies;
(iv) sex-linked genetic diseases;
(v) congenital anomalies;
(vi) any other abnormalities or diseases as may be specified by the Central
Supervisory Board;
3. no pre-natal
diagnostic techniques shall be used or conducted unless the person qualified
to do so is satisfied for reasons to be recorded in writing that any of
the following conditions are fulfilled, namely:-
(i) age of the pregnant woman is above thirty-five years;
(ii) the pregnant woman has undergone of two or more spontaneous abortions
or foetal loss;
(iii) the pregnant woman had been exposed to potentially teratogenic agents
such as drugs, radiation, infection or chemicals;
(iv) the pregnant woman or her spouse has a family history of mental retardation
or physical deformities such as, spasticity or any other genetic disease;
(v) any other condition as may be specified by the Central Supervisory
Board; Provided that the person conducting ultrasonography on a pregnant
woman shall keep complete record thereof in the clinic in such manner,
as may be prescribed, and any deficiency or inaccuracy found therein shall
amount to contravention of provisions of section 5 or section 6 unless
contrary is proved by the person conducting such ultrasonography;
4. no person including a relative or husband of the pregnant woman shall seek or encourage the con-duct of any pre-natal diagnostic techniques on her except for the purposes specified in clause (2).
5. no person including a relative or husband of a woman shall seek or encourage the conduct of any sex-selection technique on her or him or both.
5. Written
consent of pregnant woman and prohibition of communicating the sex of
foetus.
1. No person referred to in clause (2) of section 3 shall conduct the
pre-natal diagnostic procedures unless- (a) he has explained all known
side and after effects of such procedures to the pregnant woman concerned;
(b) he has obtained in the prescribed form her written consent to undergo
such procedures in the language which she understands; and
(c) a copy of her written consent obtained under clause (b) is given to
the pregnant woman.
2. No person including the person conducting pre-natal diagnostic procedures
shall communicate to the pregnant woman concerned or her relatives or
any other person the sex of the foetus by words, signs or in any other
manner.
6. Determination
of sex prohibited.- On and from the commencement of this Act,-
(a) no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic
shall conduct or cause to be conducted in its Centre, Laboratory or Clinic,
pre-natal diagnostic techniques including ultrasonography, for the purpose
of determining the sex of a foetus;
(b) no person shall conduct or cause to be conducted any pre-natal diagnostic
techniques in-cluding ultrasonography for the purpose of determining the
sex of a foetus;
(c) no person shall, by whatever means, cause or allow to be caused selection
of sex before or after conception.
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